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I want to loan out my P22...

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  • #16
    Blue
    Calguns Addict
    • Oct 2005
    • 8068

    Originally posted by ns3v3n
    i'm pretty sure if you're 18 and you got pulled over by a cop and you have a handgun in the back of your truck, you're pretty much screwed.
    Only if it's not locked in a suitable container, or it's loaded, and you dont have an HSC!
    Lord, make my hand fast and accurate.
    Let my aim be true and my hand faster
    than those who would seek to destroy me.
    Grant me victory over my foes and those who wish to do harm to me and mine.
    Let not my last thought be 'If I only had my gun."
    And Lord, if today is truly the day you call me home, let me die in an empty pile of brass.
    sigpic
    NRA Member

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    • #17
      Tweak338
      Veteran Member
      • Aug 2006
      • 4076

      I guess I'll have to go get my HSC on Wed.
      Makes things easier all around.

      Comment

      • #18
        The Soup Nazi
        Senior Member
        • Apr 2006
        • 2455

        Originally posted by Tweak338
        I guess I'll have to go get my HSC on Wed.
        Makes things easier all around.
        If you're unsure of yourself, I've got the study guide at my house. Enjoy your literacy test.

        Comment

        • #19
          BaronW
          Senior Member
          • Apr 2007
          • 988

          I could've sworn that I read on the DOJ site that people under 21 can't own or possess a handgun in CA unless you're over 18, going straight to a range, and you have a signed letter from the family member you're borrowing it from.
          I am not a lawyer, the above does not constitute legal advice.

          WTB: Savage 99 SN#507612 (buying back grandpa's rifle)

          Comment

          • #20
            Tweak338
            Veteran Member
            • Aug 2006
            • 4076

            Originally posted by TacticalTim
            I honestly wouldn't loan a gun out. I'd use the excuse of the HSC card. What if it gets lost or stolen out of his car? You have to look at the liability of it and realize it's not worth it. That's just my opinion.
            If it got stolen out of my truck or I lost it(don't know how that would happen) Blue would probably take possesion of my OLL upper until I paid him back in full and then he could have an excuse to buy that G17 to tell his wife about.

            Comment

            • #21
              fairfaxjim
              Senior Member
              • Apr 2006
              • 2146

              Originally posted by BaronW
              I could've sworn that I read on the DOJ site that people under 21 can't own or possess a handgun in CA unless you're over 18, going straight to a range, and you have a signed letter from the family member you're borrowing it from.
              That is for minors under 18 and over 16, same for ammunition. 18 and over is legally an adult. For handguns, under 21 and over 18 is a sort of a catch 22 area. You can posess a handgun if you follow the unloaded, in a locked container rules.

              PC12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
              (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.
              (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
              (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.
              (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

              The HSC requirement is containted in
              PC12801. (b) No person shall do either of the following:
              (1) Purchase or receive any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, without a valid handgun safety certificate.
              (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, to any person who does not have a valid handgun safety certificate.
              (c) Any person who violates subdivision (b) is guilty of a misdemeanor.

              Age is not a factor in the HSC requirement, except that you must be 18 to obtain one. I don't know how that plays out for the minors who are being "loaned" a handgun by their parent or guardian with a letter, as they cannot obtain an HSC, but are allowed to posses under those conditions???
              "As soon as we burn 'em," Chinn said, "more come in."
              Ignatius Chinn, a FORMER veteran firearms agent.
              CONTRA COSTA TIMES 03/04/2008

              "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242

              Comment

              • #22
                BaronW
                Senior Member
                • Apr 2007
                • 988

                Originally posted by fairfaxjim
                That is for minors under 18 and over 16, same for ammunition. 18 and over is legally an adult. For handguns, under 21 and over 18 is a sort of a catch 22 area. You can posess a handgun if you follow the unloaded, in a locked container rules.

                PC12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:
                (1) The firearm is within a motor vehicle and it is locked in the vehicle's trunk or in a locked container in the vehicle other than the utility or glove compartment.
                (2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.
                (b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.
                (c) As used in this section, "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

                The HSC requirement is containted in
                PC12801. (b) No person shall do either of the following:
                (1) Purchase or receive any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, without a valid handgun safety certificate.
                (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, to any person who does not have a valid handgun safety certificate.
                (c) Any person who violates subdivision (b) is guilty of a misdemeanor.

                Age is not a factor in the HSC requirement, except that you must be 18 to obtain one. I don't know how that plays out for the minors who are being "loaned" a handgun by their parent or guardian with a letter, as they cannot obtain an HSC, but are allowed to posses under those conditions???
                So if my father owned a handgun, I could transport it locked in a hard case to a shooting range and use it, provided I didn't try to buy ammo there? I think that's what I'm reading... What about ownership? Could I receive a handgun as a gift, or would I not be able to actually own it until I'm 21?
                I am not a lawyer, the above does not constitute legal advice.

                WTB: Savage 99 SN#507612 (buying back grandpa's rifle)

                Comment

                • #23
                  fairfaxjim
                  Senior Member
                  • Apr 2006
                  • 2146

                  Originally posted by BaronW
                  So if my father owned a handgun, I could transport it locked in a hard case to a shooting range and use it, provided I didn't try to buy ammo there? I think that's what I'm reading... What about ownership? Could I receive a handgun as a gift, or would I not be able to actually own it until I'm 21?
                  I'm not a lawyer, but that is how I see it. You could own it if given by an immediate family member. The requirements for that are contained in PC12078 (c)(2), which is an exception to the dealer transfer requirement for firearms. You have to register it using a special family transfer form and have an HSC. I also believe that you are still prohibited from purchasing (not posessing) ammunition for a hand gun that you can lawfully own. Go figure????

                  PC12078 (c)(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 both 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 basic firearms safety certificate. If taking possession on or after January 1, 2003, 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.
                  "As soon as we burn 'em," Chinn said, "more come in."
                  Ignatius Chinn, a FORMER veteran firearms agent.
                  CONTRA COSTA TIMES 03/04/2008

                  "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242

                  Comment

                  • #24
                    BaronW
                    Senior Member
                    • Apr 2007
                    • 988

                    Hm, I see. Thanks! I had given up on handguns for the next 2 years before this thread.
                    I am not a lawyer, the above does not constitute legal advice.

                    WTB: Savage 99 SN#507612 (buying back grandpa's rifle)

                    Comment

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