Off roster 'lending'

[Epaphroditus]

So if the family HD handgun is an off roster model (S&W 65 in.357) which is registered to husband is used by the wife (or anyone else but the husband) then that is considered a 'lend' which is forbidden by the off roster status ... so big problems if that guns is use for HD by anyone but the registered owner.

I never really paid much attention to this roster business but now I'm digging into it - what a steamy pile of stupid.

Option #2 is a Wather P22CA which seems to be on the list but kind of hard to be certain. Right now the state site seems to be down.

[rkt88edmo]

I'm not sure on the roster and lending in general.

But husband and wife's guns can be shared, I don't think that is a lend.

[Sam]

Where are you getting the roster applies to lending?

[ptusa]

So if the family HD handgun is an off roster model (S&W 65 in.357) which is registered to husband is used by the wife (or anyone else but the husband) then that is considered a 'lend' which is forbidden by the off roster status ... so big problems if that guns is use for HD by anyone but the registered owner.

I never really paid much attention to this roster business but now I'm digging into it - what a steamy pile of stupid.

Option #2 is a Wather P22CA which seems to be on the list but kind of hard to be certain. Right now the state site seems to be down.

How so?

[Epaphroditus]

PC 1215 clearly says 'lends' ...

PC 12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

http://www.calguns.net/calgunforum/showthread.php?t=81127

[Doc Hawk]

This thread needs statutes.

[ptusa]

This thread needs statutes.

How are these?

Oh, wait...never mind.

[ifilef]

haha ptusa!

I think the statute cited by OP is not applicable. Doesn't matter if the gun is off-roster once that you are lawfully (as he was) in possession of it. And wife can use it same as anyone else in the house. Moreover, you can lend a gun to anyone for a period of 30 days at at time, if you want to construe as a loan. I think the cited statute refers to bringing unsafe handguns into the state. But anyone, within reason, can get away with that once in the state through a PPT.

[Epaphroditus]

I'm not sure on the roster and lending in general.

But husband and wife's guns can be shared, I don't think that is a lend.

Statues are nice but in this case statutes would be appreciated! Particularly statutes related to husband/wife+firearms.

[Thomkat]

What if it was "On Roster" when it was purchased 3-4 years ago?

I.E. Walther PPK/S.

[trigger945]

Paging Librarian...

[67goat]

This is the problem people run into when they only read one part of the law. Selling and lending between private parties who are both CA residents are covered under different sections (and the PC has been renumbered. So the OP is actually off from current numbering of the code).

See:

http://wiki.calgunsfoundation.org/The_Safe_Handgun_List

&

http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California#Buying_from_a_Private_Party_-_PPT

[Epaphroditus]

I don't mean to spread FUD ...

Penal Code 32000 (was 12125.)
(a) Commencing January 1, 2001, any person in this state who
manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or lends
any unsafe handgun shall be punished by imprisonment in a county
jail not exceeding one year.

Still says "lends".

Just trying to get good info on lending an off list item to my wife in way that does not get one or both into trouble. So far I still see trouble.

[Epaphroditus]

Seems fleshed out a bit in this thread (which didn't come up in my pathetic searching).

http://www.calguns.net/calgunforum/showthread.php?t=668899

[Quiet]

Just trying to get good info on lending an off list item to my wife in way that does not get one or both into trouble. So far I still see trouble.

If the loan complies with the requirements of PC 27880 or PC 27885, then it is exempt from PC 32000(a). [PC 32110(b)]


Penal Code 32000
(a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 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 27885
Section 27545 does not apply to the loan of a firearm if 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 by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(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.