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View Full Version : Holding my bro's gun while he's deployed with the Marines...


kpw001
11-12-2007, 4:49 PM
This is my first post here, and I have to say this is an awesome site with great info. My brother will be deploying to Japan for a year, and he has a 1911 that I'll be taking care of while he's out shooting bigger and better guns. I browsed the DOJ site and the best i can tell is that a loan can only last up to 30 days between parent/child or grandparent/grandchild. Nothing about siblings, so what should we do here? Does my brother need to private party transfer to me? I certainly don't plan on getting into any trouble with it, but I'll probably take it to the range and I admit I drive a little faster than one should from time to time. I just don't want to get stopped with a gun that isn't in my name or anything. Thanks for any input you might have!

bwiese
11-12-2007, 4:56 PM
*Infrequent* loans of guns, for periods of up to *30* days, are allowed in California by PC 12078(d)(1). The recipient (lendee) must hold a valid Handgun Safety Certificate (HSC) card.

Since what you're describing is longer than 30 days (and don't play games by "continual renewal of 30 days" or "they don't know when this started", etc.), the gun needs to be legally transferred from him to you for your possession/use, so you have to do the FFL transfer and 10 day wait.

['Brother' is not a specified exempt PC 12078(c) interfamilial relationship (only grandparent/parent/ child/grandchild allowed) so you can't coast there either.]

There are elevated (felony) charges for unpermitted CCW with a handgun not DROSed to you and it's a fight to reduce them; typical 1st offense (with no other coloring issues of theft, drugs, violence, etc.) unpermitted CCW with a gun DROSed to the individual is misdemeanor w/fine, loss of gun, no jail, maybe road warrior crew on a weekend. [If your gun were not stored properly in transit this could conceivably lead to such CCW charges.]

kpw001
11-12-2007, 5:07 PM
Thats for the quick reply bwiese. I had a feeling we were needing a PPT. I should have mentioned I have my HSC in addition to already owning a handgun and shotgun, so I'm aware of the CCW/transport issues and certainly don't plan on trying anything like that. Thanks for the info none the less, gives us an excuse to take a trip down to the local FFL.

hitman13
11-12-2007, 6:43 PM
if you dont want to ppt or wait 10 days

inter family transer form brother to dad.


*if dad doesnt like the gun or responsibilty after a few days then have it transfered to you



case closed

hoffmang
11-12-2007, 6:49 PM
One other option would be for your brother to lock it in a case and leave the locked case with you without a key. Alternatively, he could just put it in a safe deposit box at your local bank.

-Gene

hitman13
11-12-2007, 6:49 PM
he could be brave and have the armory keep it for him
no one in the military should be that brave!!!!!!!!!!!!

bwiese
11-12-2007, 7:51 PM
if you dont want to ppt or wait 10 days...

interfamily tranfser form brother to dad.

*if dad doesnt like the gun or responsibilty after a few days then have it transfered to you

case closed

But if dad is out of state, that means there's gotta be two trips thru an FFL.

cadurand
11-12-2007, 8:19 PM
Just put it on your safe and leave it there until your buddy gets back from Iraq.

Problem solved.

kpw001
11-12-2007, 10:07 PM
sounds like hitman13 has a winner. my brother, my dad and i are all in cali so inter-family seems to be the easiest by the books way to go. thanks for everyone's input. and as for the armory......suuuure we'd be happy to hand over his gun for those guys to toy with for the next 12 months. i mean who wouldn't?

kermit315
11-12-2007, 10:40 PM
i have taken the barrels out of my handguns for the few times i had to check my iron into the armory, keeps them from playing with it, but i would go with the transfer on this one too, just easier to deal with.

Wildhawk66
11-13-2007, 10:20 AM
Does this 30 limit apply to long guns being stored for another person as well?

Mark in Eureka
11-13-2007, 11:10 AM
It is not a loan. You are holding it until your brother returns. You can not take title of it. Since it will remain locked up for the duration, there are no penilties for carrying it. You are safekeeping his property until his return. You are the caretaker not the owner.

The last thing your brother will want to do when he returns is have to jump through whatever hoops to re-register his firearm to himself.

If it is a real worry, why not leave it logged in at his units armoury until his return?