PDA

View Full Version : Letting friends borrow Rifle to go hunting....


BlackReef
02-11-2008, 2:32 PM
What are the legalities of letting a friend borrow your hunting rifle to go hunting? What if it is a handgun he wants to burrow to go the range? Must a waiver or consent form be signed? I think the laws would be more leniant with long rifles as oppose to handguns.

thanks

artherd
02-11-2008, 2:39 PM
Rifles are largely uncontrolled, handgun lending must be 'infrequent'. (generally understood to be for periods under 30 days.)

Also, most handguns are registered, and there could be liability implications.

I frankly would be reluctant to do either, have him get his own kit.

BlackReef
02-11-2008, 2:40 PM
I agree. Not something I am willing to do either, but I would like to know the laws regarding the issue. Knowledge is power man, especially when you are referring to CA Law....

sloguy
02-11-2008, 2:49 PM
aside from legal issues, many friends return guns all buggered up. uncleaned, rusty, scratched, ect.

how much do you trust your friend? can he pay for any damage? will he?

make sure all the terms are understood by both people. example, if he scratches the gun he pays for reblueing, or buys the rifle or whatever.

will he spring for a box of ammo so you can check your scopes zero after the rifle is returned?

lotta questions. in all your better off not loaning a gun that you wouldnt just give to your friend. is he that good a friend?

ViPER395
02-11-2008, 2:53 PM
Family borrows guns. Friends buy their own.

Words to live by.

bwiese
02-11-2008, 3:05 PM
'Infrequent loan' provisions of CA gun law are in 12078(d)(2)PC, if I recall correctly.

The loan must be between parties known to each other, obviously not to a prohibited person, are infrequent (undefined), and for a max. 30 day span per loan.

If the firearm is a handgun, the recipient (lendee) must hold a valid HSC card.

I am unsure as to what limitations apply if the recipient party is from out of state and how Fed law/regs cover that (i.e, treating it as an illegal interstate transfer?) so caution is the watchword there, and I'd restrict such activities to CA residents.

hawk1
02-11-2008, 3:22 PM
When "lending" firearms one must also consider liability. If someone happens to get shot or some other "accident" happens, there is a possibility that many lawyers will include you as a plaintiff when they file their lawsuit.

mymonkeyman
02-11-2008, 3:24 PM
CA Penal Code Sec. 12078:

"(d) (1) Subdivision (d) of Section 12072 [which requires PPT process for most individual-to-individual transfers] 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 [relating to entertainment firearms permits] 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."

"(h) Subdivision (d) of Section 12072 and subdivision (b) of Section 12801 shall not apply to the loan of a firearm to person 18 years of age or older for the purposes of shooting at targets if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization."

"(p) (1) Paragraph (3) of subdivision (a) [prohibiting transfers of firearms to minors and sales of handguns to under 21] and subdivision (d) of Section 12072 shall not apply to the loan of a firearm that is not a handgun to a minor, with the express permission of the parent or legal guardian of the minor, if the loan does not exceed 30 days in duration and is for a lawful purpose."

"(2) Paragraph (3) of subdivision (a) of Section 12072, subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a handgun to a minor by a person who is not the parent or legal guardian of the minor if all of the following circumstances exist:
(A) The minor has the written consent of his or her parent or legal guardian that is presented at the time of, or prior to the time of, the loan, or is accompanied by his or he parent or legal guardian at the time the loan is made.
(B) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The duration of the loan does not, in any event, exceed 10 days."

"(3) Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a handgun to a minor by his or her parent or legal guardian if both of the following circumstances exist:
(A) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(B) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm."

"(4) Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her parent or legal guardian."

"(5) Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her grandparent who is not the legal guardian of the minor if the transfer is done with the express permission of the parent or legal guardian of the minor."

"(q) Subdivision (d) of Section 12072 shall not apply to the loan of a firearm that is not a handgun to a licensed hunter for use by that licensed hunter for a period of time not to exceed the duration of the hunting season for which that firearm is to be used."

"(s) (1) Subdivision (d) of Section 12072 and subdivision (b) of Section 12801 shall not apply to the infrequent loan of an unloaded firearm by a person who is neither a dealer as defined in Section 12071 nor a federal firearms licensee pursuant to Chapter 44 of Title 18 of the United States Code, to a person 18 years of age or older for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event."

"(1) "Infrequent" has the same meaning as in paragraph (1) of subdivision (c) of Section 12070."

Section 12070:
"(c) (1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.
(B) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity."