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ohseedee
08-14-2012, 10:43 AM
I have a friend that has asked me to store his firearms for him for an unspecified amount of time as he is going through some issues with his wife and doesn't want the possessions of guns to come up in court and avoid any other legal problem.

All guns (handgun, shotgun, rifle) are all legal to own in CA. These guns will be locked and I will not be given the keys. He has asked me to sign something to document that I am holding them for him so that he and I both have a record of it. I am legally able to posses firearms and I do so.

Is there any issue legal issues with this? I read somewhere that there is a 30 day limit for loaning a gun. Does this apply? I wont be able to access or shoot these guns while I have them at my home.

It might be better to go through an FFL then transfer them back, but I don't want to if there is no reason to.

Thanks for the help!

Librarian
08-14-2012, 12:19 PM
I have a friend that has asked me to store his firearms for him for an unspecified amount of time as he is going through some issues with his wife and doesn't want the possessions of guns to come up in court and avoid any other legal problem.

All guns (handgun, shotgun, rifle) are all legal to own in CA. These guns will be locked and I will not be given the keys. He has asked me to sign something to document that I am holding them for him so that he and I both have a record of it. I am legally able to posses firearms and I do so.

Is there any issue legal issues with this? I read somewhere that there is a 30 day limit for loaning a gun. Does this apply? I wont be able to access or shoot these guns while I have them at my home.

It might be better to go through an FFL then transfer them back, but I don't want to if there is no reason to.

Thanks for the help!

Longer than 30 days would be a problem.

If there should come a restraining or protective order, your friend will still have to dispose of his guns to an FFL or turn them in to the police.

See http://wiki.calgunsfoundation.org/Protective_or_Restraining_orders

Your friend needs competent legal advice.

Divernhunter
08-14-2012, 12:53 PM
I did this on my divorce. Took my 50bmg's to a friend out of state(a cop) and he had them for about a year. My brother took the other(many) firearms/BB and pellet guns/airsoft guns(some of my daughters) and all my bayonets and stored them somewhere. I still had all the ammo(too much to move) at home.
Several weeks later when the sherriff showed up at midnite to take them there was nothing. They had photos my ex took of the insides of the safes with the guns and a copy of my inventory list. She is a very spitefull person and I knew she would get a restraining order so I could not have my firearms and tried to force our daughter to go live with her. There was 3 cops/cars to get them. They told me I had 24 hours to sell them of give them to the sherriff office. I said no way in heck as my LE friend advised me not to. He stated that it would be 1) hard to get them back, 2) they probably would have some tarts or whole guns missing,3) they would get beat up in the process of takeing them and storage plus they really did not have the room for them. Then the short, young guy thought he would intimadate me and said if I did not turn them in they could come back and arrest me. I told him to drop bead.
Never was a word said about the ammo(and it is on a restraining order) stacked on the safes or shelves. I was never bothered again about it and finally forced my lawyer to get the order dropped. I had tried to get a restraining order on her and her boyfriend and could not for the vandulism they were doing but all she has to say is"I am afraid for my life" and one is issued that day. Stanislaus is a screwed up county. I advise not bringing the firearms back until it is all over and the divorce final.

Bottom line if he is a friend store them for him. If he is a friend do not put anything on paper for storage(maybe used in court). Best to sell them to you (on paper) dated BEFORE papers are filed in court so they are not something that has to be divided or he has to pay her for. It saved me $20,000 she wanted for mine. Same goes for any extras such as ammo/reloading/scopes. This also holds true for tools, other sports equipment , collectables. If it is "on paper dated before" the papers are filed(I suggest 1-2 years up to about 1 month before) it becomes something that cannot be costing him in the division of property. I suggest they get"papered sold" to more than one person also and at different times.

Be a friend and store the firearms for your friend and be quiet about it to others. I have firearms I have stored for family(brother has a large live on boat) and friends( a friend who is full time RV and had a 30-30 he did not want to sell but did not want to travel with) for years.

ohseedee
08-14-2012, 1:35 PM
Thanks for the advice. I think I'm going to try and recommend he sell them ASAP. There is no point for me to hold them if its only for 30 days. I would be willing to buy them and then sell them back once everything blows over. Regardless, it sounds like the best thing is to get those out of his name ASAP to avoid any possible headache.

Librarian
08-14-2012, 1:56 PM
So long as he does something permanent and documented before a court tells him to, he'll be OK on the 'ineligible person possessing firearms' part; the 'split the assets' part he can worry about later.