View Full Version : Legal way to store friend's gun collection for short time?
06-04-2012, 8:28 PM
I know this has been covered, but I can't find it. please feel free to point me to the older articles.
One or two of you may remember I had a friend who it looked like would be divorced shortly, and asked if I could buy his gun collection in the event of a restraining order.
The divorce didn't happen, they have settled on a kind of sad peace between themselves.
He's going out of the country for 3 weeks, and asked if I could store his guns for him so she doesn't go rooting through them or sell them.
it's a sizable collection, pistols and long guns, all legal.
Is there a legal way for me to store his guns at my house for 3 weeks? I do not need access to them, they will most likely be in gun cases with his locks on them. (That way, he can't say I did anything to them, lost one, damaged one, etc...). I have a HSC, although my wife does not.
I appreciate any advice you can give me.
06-04-2012, 8:33 PM
No legal way is required. Just good judgement for his stuff. Perhaps a safe? One either you can have when he comes back or one he can buy and use when he gets back?
06-04-2012, 8:41 PM
I believe you can do it up to 30 days to a non-prohibited person that is known to you without paperwork.
For pistols recipient needs HSC.
You can not loan RAW's, so you might want to make sure none of his are.
Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent loan of firearms between persons who are personally known to each other for any lawful purpose, if the loan does not exceed 30 days in duration and, when the firearm is a handgun, commencing January 1, 2003, the individual being loaned the handgun has a valid handgun safety certificate.
(2) Subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a firearm where all of the following conditions exist:
(A) The person loaning the firearm is at all times within the presence of the person being loaned the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in duration.
(D) The individual receiving the firearm is not prohibited from owning or possessing a firearm pursuant to Section 12021 or 12021.1 of this code, or by Section 8100 or 8103 of the Welfare and Institutions Code.
(E) The person loaning the firearm is 18 years of age or older.
(F) The person being loaned the firearm is 18 years of age or older.
06-04-2012, 9:26 PM
One could argue(but legal opinion might be warranted). If he gives them to you in cases that you do not have keys to then he still maintains possession of the firearms themselves, you just have possession of the cases.
A more clear cut version of this would be if he gave you safe that you had no combination to, to hold his firearms. Legally you have no access to the firearms, it would be as if he rented a small section of your basement to store his guns.
But since it is such a short period of time the 'infrequent loan' is likely also safe. Consider the short term + no access to the firearms as double protection.
06-04-2012, 10:10 PM
As Tapperxz said, less than 30 days and you having a valid HSC should qualify as an infrequent loan. If he wants to store them at your house over 30 days or regularly (i.e.not I frequently) then pitting a safe or even a gun locker in your house that only he can access is a better route. Also, giving him a rental/lease agreement for the X square feet the safe takes up would not be a bad idea.
06-04-2012, 11:07 PM
He can store his weapons anywhere he want to where it is legal. His house, your house, a storage unit, in another state, etc. He's is not loaning them to you, Your not borrowing or using them, he is not giving them to you. He is storing them at a location other than his home. Nothing illegal about that, for any length of time.
06-04-2012, 11:58 PM
just take them, put them in your safe, keep them safe, and than give em back when hes home
06-05-2012, 6:28 AM
Is there a Federal equivalent to the California PC listed above? I'd like to take some of my weapons out of California and store them at my sisters house in another state. They'd be in a safe there, so nobody would have access but me, my sister and my brother in law.
You could rent him a closet in your house. That would cover any conceivable legal issue.
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