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  #1  
Old 01-21-2013, 7:16 AM
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Default Can i legally store my fathers handgun?

Hey everyone,

I have a quick question. With all the talk about gun control my father wants to buy a handgun. The problem is my mother is very anti gun when it comes to having one in the house. My question is can he legally store the gun in my houses gun safe since he is my father? I know that gun ranges and some gun stores have lockers but have never asked if they are for gun storage or not. i assume that they are and that is the other route he is thinking about going. Thanks in advance for the help.
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Old 01-21-2013, 7:56 AM
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California Penal Code 12078 says that you can "loan" firearms to anyone who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm for up to 30 days. Remember, storage means that you wouldn't be using the gun. If you use the gun then it's considered to be a loan. I'm not a lawyer but I don't see any legal problem with you storing them for him.

Maybe it would be easier for your dad to purchase the gun for you and then you can let him borrow it when he wants to go to the rrange
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Old 01-21-2013, 7:58 AM
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Why buy a gun if you can't have it readily available? If he was a 1/4 of a man he would buy it and deal with the consequences later. Tell him to buy a baseball bat and use your guns when you go to the range.
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Old 01-21-2013, 7:59 AM
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As far as i know,he would only be able to leave it in your safe for up to thirty days. You may be able to store it if he were to furnish a safe to which you do not have access.
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Old 01-21-2013, 8:25 AM
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Quote:
Originally Posted by ParanoidCivilian View Post
Why buy a gun if you can't have it readily available? If he was a 1/4 of a man he would buy it and deal with the consequences later. Tell him to buy a baseball bat and use your guns when you go to the range.
It's called respect for your spouse, its whats kept them happily married for 36 years.
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Old 01-21-2013, 8:27 AM
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Quote:
Originally Posted by delta9 View Post
California Penal Code 12078 says that you can "loan" firearms to anyone who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm for up to 30 days. Remember, storage means that you wouldn't be using the gun. If you use the gun then it's considered to be a loan. I'm not a lawyer but I don't see any legal problem with you storing them for him.

Maybe it would be easier for your dad to purchase the gun for you and then you can let him borrow it when he wants to go to the rrange
So there should be no problem as long as i don't use it?
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Old 01-21-2013, 8:33 AM
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Wouldn't that 30 days "reset" each time he takes it, then "re-stores" in his safe???
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Old 01-21-2013, 8:38 AM
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i am also wondering about this. does this apply to in laws as well?
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Old 01-21-2013, 8:43 AM
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would a small handgun safe that only he has the key to work? just have him put it in a handgun safe and put that in your safe.
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Old 01-21-2013, 8:47 AM
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Originally Posted by pdq_wizzard View Post
would a small handgun safe that only he has the key to work? just have him put it in a handgun safe and put that in your safe.
Thats a good idea!
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Old 01-21-2013, 8:49 AM
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Quote:
Originally Posted by plinker27 View Post
So there should be no problem as long as i don't use it?

AFAIK there is no law that states that one must store their firearms in their own home.
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Old 01-21-2013, 9:00 AM
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Quote:
Originally Posted by delta9 View Post
AFAIK there is no law that states that one must store their firearms in their own home.
Thanks for the help delta9 i'm going to talk to a few cop buddies of mine and see if they have any perspective on this info. i will post more when i find out.
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Old 01-21-2013, 9:21 AM
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Quote:
Originally Posted by plinker27 View Post
Thanks for the help delta9 i'm going to talk to a few cop buddies of mine and see if they have any perspective on this info. i will post more when i find out.
I'd be wary about getting any legal advice from a police officer. Look up the penal codes yourself to see what the law actually states. IMO you are making this way more complicated then it needs to be
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Old 01-21-2013, 9:32 AM
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I am not a lawyer (and neither are LEOs), but I believe there are any number of reasons you would legally be in possession of your father's firearms. As long as neither of you are prohibited, then there isn't much to worry about. If I am not mistaken, I believe there is a statement in the PC that says you can loan a handgun to someone, but they have to have a handgun safety card. I may be wrong but I thought I read that.
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Old 01-21-2013, 9:41 AM
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My friend left some .22 rifles that he had as a kid at his Mom's house when he moved out. He's now in his 40's and has his own house.

Would this have been a problem? I say "would have been" a problem because the situation resolved itself when his Mom "disposed" of the guns by giving them to the police department.
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Old 01-21-2013, 9:47 AM
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Quote:
Originally Posted by ParanoidCivilian View Post
Why buy a gun if you can't have it readily available? If he was a 1/4 of a man he would buy it and deal with the consequences later. Tell him to buy a baseball bat and use your guns when you go to the range.
That's a low blow. :thumbdown:

Firearms ownership has nothing to do with manhood, unless that's what you use to pull the trigger. How big is YOUR trigger guard? :what:

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Old 01-21-2013, 9:50 AM
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I don't see why you just don't put it in your name if your mom is never going to let your dad keep it at the house. It would be easier to loan it to him to go to the range then worry about the legality of it all. He would need his Handgun Safety Card though. If your mom ever changes her mind you can always transfer it to him at a later date.
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Old 01-21-2013, 9:55 AM
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Quote:
Originally Posted by B yond View Post
That's a low blow. :thumbdown:

Firearms ownership has nothing to do with manhood, unless that's what you use to pull the trigger. How big is YOUR trigger guard? :what:

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I think he was referring to the dad not manning up and saying he's getting one anyway and she needs to just deal with it. Relationships are about compromise. Maybe she should let him have it and he can agree to lock it up in an area that's not that accessible if that's what she is worried about.
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Old 01-21-2013, 10:14 AM
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Quote:
Originally Posted by Zedrek View Post
I think he was referring to the dad not manning up and saying he's getting one anyway and she needs to just deal with it. Relationships are about compromise. Maybe she should let him have it and he can agree to lock it up in an area that's not that accessible if that's what she is worried about.
Sounds like OP's Dad and Mom did compromise. She never said "NO, you can't have one", she said he could, but please don't have it in the house.

I got lucky as I already had some firearms when I got married. I bought a safe and put them all in there so they couldn't jump out and scare my wife with their evil.
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Old 01-21-2013, 11:59 AM
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Quote:
Originally Posted by plinker27 View Post
Hey everyone,

I have a quick question. With all the talk about gun control my father wants to buy a handgun. The problem is my mother is very anti gun when it comes to having one in the house. My question is can he legally store the gun in my houses gun safe since he is my father? I know that gun ranges and some gun stores have lockers but have never asked if they are for gun storage or not. i assume that they are and that is the other route he is thinking about going. Thanks in advance for the help.
That is what garages are for. Man cave. Put a small safe in the garage and don't make a big deal about it. It's out of the house, but still close. Keeps wife happy, keeps dad happy and armed.
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Old 01-21-2013, 1:57 PM
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Good suggestion on the garage/man cave. My only worry is that most of today's garage doors are not very secure and seem easy defeat.
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Old 01-21-2013, 2:43 PM
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Quote:
Originally Posted by Lead Waster View Post
Sounds like OP's Dad and Mom did compromise. She never said "NO, you can't have one", she said he could, but please don't have it in the house.
LOL thats pretty much exactly how it went.

As far as him being able to own a gun. He is very able but just hasn't due to my mom, the garage would be great but she doesn't want it in the house period. He has always wanted one but more so now because of all the gun control scare. i talk to a LEO buddy of mine ( i understand they are not lawyers but wanted his perspective ) and he said there should be no problem at all as long as he is not prohibited. Still going to search the penal code a bit more but i agree, maybe i'm looking more into this then i should.
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Old 01-21-2013, 2:56 PM
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Who's going to know? I don't know anyone who has had someone come to their home and check to see that all the guns in the safe belong there. If no one knows then no one cares. Just like most things if you don't draw attention to yourself no one notices.
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Old 01-21-2013, 4:10 PM
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The dad needs to tell the mom "no knives in the house" because those are dangerous too.
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Old 01-21-2013, 4:37 PM
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I personally would have no issue with doing this for my Dad.I don't think you would have any problems because of this.

That said,I'm not qualified to give any kind of legal advise.I like to think most people would be more than reasonable about it.Only takes one who is not.
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Old 01-21-2013, 10:41 PM
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Quote:
Originally Posted by plinker27 View Post
It's called respect for your spouse, its whats kept them happily married for 36 years.
Its called a lot of things but respect isn't one of them. Respect would be for him to buy a safe for the fire arm so she dosn't have to see it.
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Old 01-22-2013, 12:48 AM
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In regards to the 30 day limit for a loan, unless there are witnesses to be had, there's no way the state can prove you've had the firearms in your possession for longer than that.
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Old 01-22-2013, 7:30 PM
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You need to get your mom to the range. I wonder what California would say about loaning or storing a handgun in another state with a parent. Thinking about leaving a DA revolver with my mom next trip back.
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Old 01-22-2013, 7:56 PM
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has it got this bad in this state , that people worry that the state is going to find a gun in there house that there own father has left with them
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Old 01-22-2013, 8:37 PM
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Default yes

yes
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Old 01-22-2013, 8:54 PM
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Plinker, while I have my own personal opinions about your fathers situation and remedies, I do believe you can store the firearm in your safe just fine! As I read the law that is not a loan to you, your not out shooting it on a 30day firing trial/binge, it is simply locked up in your safe!


I am no lawyer as most can say here. But I would have no worry with storing anothers legal firearm in a safe on my property!
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Old 01-22-2013, 10:56 PM
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Why don't you just convince your father to shelve the idea for now, because he's buying it for the wrong reason. He's just going to buy it and leave it at your house? They are never going to ban "all handguns".
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Old 01-23-2013, 4:06 PM
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seriously. what is the point of having your own gun if you cant have access to it? you just need to tel your dad to forget about ever owning one. or tell your mom to just give in and "show the respect to her spouse that has kept them happily married for 36 yrs" and allow your dad to get something that he has allways wanted his whole life.
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Old 01-23-2013, 4:55 PM
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The Calguns Foundation wiki is a great and convenient resource. Here's the relevant law: http://wiki.calgunsfoundation.org/Le...Loan_a_Firearm.

Specifically Penal Code Section 27880 deals with the loan of a firearm:

Quote:
Section 27545 does not apply to the loan of a firearm between persons who are
personally known to each other, if all of the following requirements are
satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the handgun
shall have a valid handgun safety certificate.

Last edited by Sam; 01-23-2013 at 5:01 PM..
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