question on lending pistols.

[Sal]

ok, im 18, if i was to go on a trip, instate, would it be legal for my dad to lend me a pistol to use at my destination? i know its legal to lend pistols to go for legal activity, but since im going to be flying, and i will be in possession of the pistol for 4 days i wanted to know if anyone knew here if there is anything specifically illegal in doing that?

thanks!

[mike100]

by federal law, you can get a pistol from your father and keep it until you are 21 (and beyond). I'm pretty sure in CA that someone who can legally posses the pistol has to be present with you.

sucks but, don't worry, you'll wish you were 18 again in no time.

[Matt C]

I know if you don't have a HSC you can't do it.

[ivorykid]

I think that in CA you are allowed to own a pistol that was given to you by your father when you are 18. I don't know how that plays into the "lending laws," but you are technically allowed to own a handgun at 18.

(of course, you have to have your HSC and be eligible to own a firearm and fill out the Intra-Familial Handgun Transaction form, etc)

[Sal]

the pistol was "given" to me to keep as my own target gun, its a S&W model 10 with a 6" barrel. it was my grandfathers before that, so i'd rather not lose it by doing anything illegal with it, hence why im asking.

also to be given a handgun, do you need to fill out any paperwork with the DOJ? my grandfather had it before you had to register pistols, and im not sure if he ever did, he was a police officer though, so he might have, and gave it to my dad in the early 90's, probably no paperwork filled there either, so im kind of weary of trying to do any paperwork to transfer it to me from my dad, so do i need to fill any out?

it usually stays with his guns, and i just take it when i go shooting, however i also was thinking about moving out, and taking it with me as well, so any paperwork id need to fill out would be good to know about.

just read that post again with the bracketed info. my dad has had possession of the guns since before you needed HSC, and doesnt have one, can we still fill out the intra familiar form, or would he have to take his HSC test before? being 18 can i also take the HSC test, and do i need to?

thanks!

[Blue]

the pistol was "given" to me to keep as my own target gun, its a S&W model 10 with a 6" barrel. it was my grandfathers before that, so i'd rather not lose it by doing anything illegal with it, hence why im asking.

also to be given a handgun, do you need to fill out any paperwork with the DOJ? my grandfather had it before you had to register pistols, and im not sure if he ever did, he was a police officer though, so he might have, and gave it to my dad in the early 90's, probably no paperwork filled there either, so im kind of weary of trying to do any paperwork to transfer it to me from my dad, so do i need to fill any out?

it usually stays with his guns, and i just take it when i go shooting, however i also was thinking about moving out, and taking it with me as well, so any paperwork id need to fill out would be good to know about.

just read that post again with the bracketed info. my dad has had possession of the guns since before you needed HSC, and doesnt have one, can we still fill out the intra familiar form, or would he have to take his HSC test before? being 18 can i also take the HSC test, and do i need to?

thanks!

The state is more concerned about getting their $18 bucks or whatever they charge to register it and get the gun registered than wasting time to figure out where the gun came from 20+ years ago.

[bwiese]

12082? 12087? PC has the 'occasional/infrequent loan' provision between parties that are known to each other.

The recipient must have an HSC card, however, and must not be disqualified (indictment, felon, violent misdemeanant, etc.)

[megavolt121]

12082? 12087? PC has the 'occasional/infrequent loan' provision between parties that are known to each other.

The recipient must have an HSC card, however, and must not be disqualified (indictment, felon, violent misdemeanant, etc.)

What defines someone that is "known"?

[Sal]

Thanks, sorry for the non capitals.

I know about the HSC, and know that it is very easy(i taught my mom everything she needed to know, knowing nothing about guns and she only missed one) so i should be good to go on that, the local range by me does it, and i am a frequent face there so they should let me take it no problem.

Thanks, I'll talk to my dad about doing this so its legally mine and i wont have to worry about it anymore.

[Cpl_Peters]

wait wait wait...

I knew that a person 18 years old could have a handgun in their possesion on private property (home, place of employment as permitted) or a place designated for the use of firearms. I had no idea a family member could transfer it to you into your name if you were under 21? Bah! 3 years wasted!!!

Does that mean I could buy a handgun then after I pick it up do a transfer to my 19yo sister? Does that mean before I was of age my father could have bought handguns then "given" them to me and I could get them registered in my name?

Any one have the PC info on this? I find this rather astonishing. If this is true it opens up an entire new way to stick it to California and get firearms in the hands of responsible, and safe ADULTS.

[ivorykid]

This is from PC 12078

(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
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.

[Cpl_Peters]

Thanks Ivorykid,


ok, so parent or grandparent to son/daughter or grandson/granddaughter is good but not siblings, or cousins

another question I had was what if you had a spouse under 21 but over 18 (obviously)? Are they not covered by "immediate family"? It seems that by all other forms of the definition "immediate family" a spouse would be covered but 3(A) and 3(B) make no mention of that as a qualifiying family member. Is that because it is implied that a spouse is already in the immediate family member category?

crazy stuff.