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09-02-2011, 10:55 AM
09-02-2011, 12:08 PM
These legal questions were brought up when an alleged 'machinegun' (likely misreported and likely an LEO reg'd semiauto AR of some sort) of a Santa Rosa PD officer was depicted in a local newspaper being demonstrated to a kid.
We can kinda work out what they mean in 12280 PC prohibition of 'lending', because they specify there that legitimate lending of a registered, restricted 12276(.1)PC semiauto firearm includes.....
being in the immediate presence of the registered owner;
being over 18 years old.
What we KNOW this means:
minor kid can't shoot/handle such restricted firearms within CA;
only applicable within CA: if in NV, AZ, etc. then Junior can shoot all day, even without
you over his shoulder.
buddy over 18 CAN shoot/handle it in your immediate presence; this is unlike other
'conventional' guns where lending per PC 12078 'infrequent loan' provisions allows
borrower to *not* be in presence/supervision of the owner-lender
I would also extend this concern to having such specific firearms locked up so that family and other household members do not have direct access to them while you are gone.... gun safe, locked case, locked closet, what have you.
Now, if members of your family/household have access to gunsafe and there are some of these restricted rifles in there (and these individuals are NOT on the DOJ semiauto registration papers), it may be wise to store them in a separate safe and/or keep these further locked up in a locked gun case in the actual safe.
Realistically, I don't see a huge prosecution potential for unsecured registered rifles being in your home while reg'd owner is not there while others are present - unless something happened.
[Also, things might get legally interesting if the wife were charged wiht unreg'd AW possession, esp if marriage occurred before hubby's relevant gun acquisition and subsequent DOJ registration ;-) ]
09-02-2011, 12:47 PM
Bill, yes the law does allow for loan if the person to whom the RAW is loaned over 18, but the law also seems to say that the loaning is legal ONLY while we're at the shooting range.
Yep, good catch.
Looking at 12280(k) PC it appears you're correct - range or 'authorized exhibition' stuff only for 'lending'.
This is indeed separate from the list of 'specific authorized destinations' where you can possess and transport reg'd/regulated semiautos to/from.
So the question is, if you and a buddy (over 18) are sitting around the fireplace at your private residence and he wants to take a look at your RAW, is that legal?
It looks like that is no longer the case from a fine reading of the law.
Now, honestly, from a practical enforcement sense I think no drama will occur if the reg'd owner is present.
Is there a separate section of the penal code that specifies that for a firearm "loan" to occur the owner must leave the immediate vicinity for the loan to take place?
No - the existing 12280(k) 'lend' description defines it as 'immediate presence' , 'nonprohibited person', 'over 18', and 'target range, exhibition, etc.' - and then it also uses the words "ALL".
I was brain dead and thought the limits on AW 'lending' would include the looser 'specific authorized destination' venues.
Now, if you can render the gun a non-AW by features changes it is moot - as long as off-list. Registration does NOT determine prohibited semiauto status; listing and configured features suite DOES.
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