Giving gun from me to Step-Brother?

[daemonite]

California law states that a person under 21 years of age cannot own a handgun. This is unambiguos! He can shoot/handle it but not legally own it.

nope if you're 18 and your dad gives you a pistol. You can own it...but you can't buy ammo for it legally as an 18 year old! Ironic!

[mymonkeyman]

So lets think about this... if I were to get a firearm on a loan from someone and just have them send me a permission slip every 29 days, is that illegal or ? Again, someone has yet to tell me how the police are to know when the loan started and when it is going to end? What is the definition of infrequent? Do they have a magical calendar in their heads and can automatically determine the loan length of a given firearm?

Again, this question is for scholarship purposes.

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

The law is somewhat ambiguous, but all laws are somewhat ambiguous and this is actually one of the least ambiguous of the CA gun laws. I don't see how it could be a legal loan of a handgun under that section (there are others) unless you regained possession after 30 days. Based on the definition of infrequent, there would be an absolute maximum of 180 days per year, assuming absolutely no other transfers of any handgun limited by infrequency in the statute.

If you are trying to point out that the law can be easily broken without any enforcement, you are right. However, this board is about following the law or fighting the law, not breaking the law.

[pullnshoot25]

But then again we have a change in language. It says in one section "loan" and another "lease". The word "lease" by definition refers to purchasing the rights to a piece of property/equipment for a specified period of time and for a specified amount of compensation. The word "loan" means to temporarily borrow and the only financial connotation that "loan" has is in reference to an actual loan, which is a loan of capital that is being charged interest. Since one cannot charge interest on a gun, then we must stick with the meaning of "to temporarily borrow", but without financial strings.

Having said that, how does the legal code differentiate between the two terms? The term "lease" seems to apply to dealers whilst the term "loan" seems to refer to a normal citizen, or at least it appears to be so in my eyes.

Anyone have anything to further the legal analysis of such defunct and mentally spellbinding legal atrocities?