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  • #16
    redcliff
    Calguns Addict
    • Feb 2008
    • 5676

    Thanks for the informative post Quiet
    "You keep using that word. I do not think it means what you think it means."
    "What we get away with isn't usually the same as what's good for us"
    "An extended slide stop is the second most useless part you can put on a 1911"

    "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
    although I suppose there are a few tanks which I owe an apology to for that remark"

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    • #17
      Epaphroditus
      Veteran Member
      • Sep 2013
      • 4888

      So, everyday, I go to work leaving the wife home alone with off roster HD handgun. This is frequent (27880a) and I (the reg owner) am not there (27885a).

      So trouble for violation of 32000a.

      Another tricky one (maybe a new thread) is going to the range with children to shoot with off roster is a no no (27885f).
      CA firearms laws timeline BLM land maps

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      • #18
        TBS-POPS
        Junior Member
        • Jan 2013
        • 51

        It is not unlawful to own, use, carry, shoot,buy off roster guns! Dealers can sell off roster guns under certain restrictions (SSE) if they choose to do so. I really think your overthinking this too much. In a HD situation, it really doesn't matter who the gun is registered to (husband or wife) or if it is off or on roster.

        In HD the rules must be followed before deadly force is used, in the house, life threatening, shoot in front not in the back..training is your best friend. Just because someone kicks in your front door and stands there on the porch doesn't give you the right to use deadly force. You can point a bazooka at the damn idiot if you want, just don't pull the trigger until he's in the house, facing you and going to inflict grave danger upon you.
        Last edited by TBS-POPS; 11-10-2013, 9:06 AM.
        Head Pooper Scooper at the Dirty Dog Ranch

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        • #19
          MA5177
          Senior Member
          • Apr 2011
          • 1487

          The law says unsafe hangun, not off roster

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          • #20
            Epaphroditus
            Veteran Member
            • Sep 2013
            • 4888

            Originally posted by TBS-POPS
            It is not unlawful to own, use, carry, shoot,buy off roster guns! Dealers can sell off roster guns under certain restrictions (SSE) if they choose to do so. I really think your overthinking this too much. In a HD situation, it really doesn't matter who the gun is registered to (husband or wife) or if it is off or on roster.
            You got a reference to penal code that gives a free pass on everything in case of HD situation? "It" matters most in HD situation.
            CA firearms laws timeline BLM land maps

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            • #21
              TBS-POPS
              Junior Member
              • Jan 2013
              • 51

              Again I think you are overthinking this and are looking for the goose that laid the golden egg in written positive proof in a get out of jail free card. I'm not a lawyer, but I will look to see if I can find one. I throw the gauntlet down for you to prove me wrong.

              As far as I can tell through the endless searching through the PC, there is Nothing that defines this situation.
              Last edited by TBS-POPS; 11-10-2013, 2:01 PM.
              Head Pooper Scooper at the Dirty Dog Ranch

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              • #22
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44682

                Originally posted by Epaphroditus
                So, everyday, I go to work leaving the wife home alone with off roster HD handgun. This is frequent (27880a) and I (the reg owner) am not there (27885a).

                So trouble for violation of 32000a.

                Another tricky one (maybe a new thread) is going to the range with children to shoot with off roster is a no no (27885f).
                If you're really worried about this, your wife should buy her own gun.

                And 27885(f) seems to be in tension with 27505(b)(5) and (b)(6) - no Roster component there, though it wouldn't be hard to argue it should apply.
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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                • #23
                  Doc Hawk
                  Member
                  • Mar 2011
                  • 489

                  Originally posted by ptusa

                  How are these?

                  Oh, wait...never mind.

                  Comment

                  • #24
                    TBS-POPS
                    Junior Member
                    • Jan 2013
                    • 51

                    E, I think the root of the problem is you can't get over the roster/off-roster thing. You need to drop that difference in your original question and treat it though it is just an everyday pistol purchased from Big5 lets say. The on/off thing only applies to the sales of guns in the state of commifornia for dealers to abide by for over the counter sales BUT there are exceptions for things like the SSE sale.You can PPT an off roster gun through a FFL and its perfectly legal and if its family its even easier....Your off roster gun is not a legal issue in ownership or use in HD.
                    Last edited by TBS-POPS; 11-10-2013, 3:06 PM.
                    Head Pooper Scooper at the Dirty Dog Ranch

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                    • #25
                      P5Ret
                      Calguns Addict
                      • Oct 2010
                      • 6390

                      Does your wife live in the same home as you, and does that nasty unsafe off roster gun also live there? If the answer is yes, you are not loaning the gun to anyone you are simply leaving it where it always is. If she needs it to defend herself, you did not loan it to her or leave it in her care, you simply left it at home where it always is anyway. Loaning it to her would be she would have sole possession of it somewhere other than home where you both reside.

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                      • #26
                        Epaphroditus
                        Veteran Member
                        • Sep 2013
                        • 4888

                        Originally posted by TBS-POPS
                        E, I think the root of the problem is you can't get over the roster/off-roster thing. You need to drop that difference in your original question and treat it though it is just an everyday pistol purchased from Big5 lets say. The on/off thing only applies to the sales of guns in the state of commifornia for dealers to abide by for over the counter sales BUT there are exceptions for things like the SSE sale.You can PPT an off roster gun through a FFL and its perfectly legal and if its family its even easier....Your off roster gun is not a legal issue in ownership or use in HD.
                        Roster or not does not matter in terms of the conditions for loan - my situation is still a problem!

                        The off roster part seems to preclude any loan at all!

                        PC32000 clearly says "loan" so why do you insist it does not matter?
                        CA firearms laws timeline BLM land maps

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                        • #27
                          Epaphroditus
                          Veteran Member
                          • Sep 2013
                          • 4888

                          Originally posted by P5Ret
                          Does your wife live in the same home as you, and does that nasty unsafe off roster gun also live there? If the answer is yes, you are not loaning the gun to anyone you are simply leaving it where it always is. If she needs it to defend herself, you did not loan it to her or leave it in her care, you simply left it at home where it always is anyway. Loaning it to her would be she would have sole possession of it somewhere other than home where you both reside.
                          Well, if it is my gun and there is no spousal or community property exemption or an exemption for anyone in the household then the gun is my personal separate property. If someone else takes it, for what ever reason, that would be stealing. Same thing as your room-mate borrowing your car for a few hours without your permission - for example.

                          If your wife plays fast and loose with your separate property then there are legal issues. Community property or dual registration for firearms would resolve this nicely.

                          Imagine if the wife is found carrying concealed in a public place (like the unfenced driveway of our home) with the HD gun registered in my name - wife is now exposed to a felony.
                          CA firearms laws timeline BLM land maps

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                          • #28
                            Bad Caselaw
                            Senior Member
                            • Feb 2013
                            • 808

                            Originally posted by Librarian
                            If you're really worried about this, your wife should buy her own gun...
                            My thoughts as well.

                            A Wife using a HD weapon is not borrowing it. In fact, she is not even in possession of it until she is readying it for use (which should still be OK, even if she is carrying it in the home). I have several at home available for my Wife and Children to use if necessary.

                            Get one for her (gift?) if it will help you sleep at night, and keep the Kaliban out of your head.




                            Caselaw
                            "We're surrounded. That simplifies things."

                            - Col. LB "Chesty" Puller USMC - Chosin Reservoir

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                            • #29
                              Epaphroditus
                              Veteran Member
                              • Sep 2013
                              • 4888

                              Originally posted by Librarian
                              If you're really worried about this, your wife should buy her own gun.
                              Not to put words in your post ... does this mean you agree off roster firearms cannot be loaned? Does this mean you agree the "loan" as described is a problem (or is even considered a loan at all)? Also there is no special circumstances for spouses to "share" firearms as in community property or joint ownership/registration?

                              As much as I'd like to just double up on everything for a his & her collection I'd rather be clear in the legalities. The his&her double up collection does not clarify the legalities but just imposes a logistical 'work around'.
                              CA firearms laws timeline BLM land maps

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                              • #30
                                Doc Hawk
                                Member
                                • Mar 2011
                                • 489

                                This thread is a perfect example of my love-hate relationship with Calguns. Awesome collection of fellow shooters, and you jack wagons keep coming up with ways for me to go to jail.

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