Borrowing a handgun

[konata88]

Hi, I could use some help sanity checking the legality of borrowing a handgun. I tried searching the site and reading the PC (which is not search friendly and terminology is inconsistent -- firearm, handgun, etc).

As far as I can tell, one can borrow a handgun as long as one possesses the HSC (and does not have a felony conviction). Is that it? Are there other restrictions? Length of time for borrowing? Other things to consider? Is there a section of PC I could read besides 31610-31670?

Thanks.

[mmurdock77]

I'd also like to know the specifics of this as well. I have friends that borrow each others guns, but was always kind of tentative to do it myself. I really feel uneasy opening up to a potential liability.

[Quiet]

Hi, I could use some help sanity checking the legality of borrowing a handgun. I tried searching the site and reading the PC (which is not search friendly and terminology is inconsistent -- firearm, handgun, etc).

As far as I can tell, one can borrow a handgun as long as one possesses the HSC (and does not have a felony conviction). Is that it? Are there other restrictions? Length of time for borrowing? Other things to consider? Is there a section of PC I could read besides 31610-31670?

Thanks.

You can infrequently loan a firearm, to a non-prohibited person that you know, for a time period of 30 days or less. If the firearm is a handgun, the person borrowing the firearm must have a HSC. [PC 27880]

If the loan is for more than 30 days, then it needs to be transfered through a CA FFL dealer (4473/DROS + 10 day wait). [PC 27545]


Penal Code 27880
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.

Penal Code 27545
Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

[anymoose]

cant borrow/loan out 10+ round mags without the owner of the mags being present during the loan/borrow time

[konata88]

You can infrequently loan a firearm, to a non-prohibited person that you know, for a time period of 30 days or less. If the firearm is a handgun, the person borrowing the firearm must have a HSC. [PC 27880]

If the loan is for more than 30 days, then it needs to be transfered through a CA FFL dealer (4473/DROS + 10 day wait). [PC 27545]


Penal Code 27880
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.

Penal Code 27545
Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

Perfect -- thanks for the info. The help is much appreciated.

[JeremyS]

Just as a CYA, obviously not necessary as per the law (but still), I have written up a little form and signed it. You know, something like: I __so and so___ loan this firearm model ____ serial number xxxx123 to Mr. ___so and so___ on X Day X month X year. Signed.


I think there's an exemption to the 30 day thing and the FFL requirement if it has to do with a hunting season? (maybe only for a long gun) Not going to try to look it up though

[tlcwrites]

For those who don't feel like following the reference to 16730 PC, here's what the law says about the definition of "infrequent":

The definition of "infrequent" as applied to non-handguns is completely useless in my view, but it's clear from these definitions that the Legislature isn't as worried about loans of long guns as they are of handguns.

Tammy