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  • Sam1234
    Member
    • Jul 2016
    • 168

    Gun lending question

    This is a genuine question about the new law and lending firearms.

    If I am at a rage with a friend and he asks to borrow my gun to take a few shots does this "lending" relinquishing control over gun require any paperwork or approval?

    Similar scenario we go hunting together and I lend him one of my guns for the day. Do I need to go through any paperwork to legally do this?

    Thanks,

    Sam
  • #2
    readysetgo
    CGSSA Coordinator
    • Aug 2011
    • 8689

    It helps if you reference what law you're talking about. In this case I believe you're referring to AB-1511, recently chaptered bit not "in effect" yet.

    A better sub forum would be "How CA Law Applies."

    Easier still, post your question in the thread about ab-1511: https://www.calguns.net/calgunforum/....php?t=1194334
    Stand up and be counted, or lay down and be mounted... -Mac

    Comment

    • #3
      beerman
      Veteran Member
      • Dec 2009
      • 4992

      You should never take a gun to a rage....earplugs yes, guns no

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30242

        Originally posted by Sam1234
        If I am at a rage with a friend and he asks to borrow my gun to take a few shots does this "lending" relinquishing control over gun require any paperwork or approval?

        Similar scenario we go hunting together and I lend him one of my guns for the day. Do I need to go through any paperwork to legally do this?
        Under CA laws...

        From now until 12-31-2016:
        As long as you are physically present for the duration of the loan, there is need to utilize a CA FFL dealer to loan the firearm to your friend. [PC 27885]

        It is also legal to loan him a firearm for up to 30 days, as long as he has a FSC. [PC 27880]


        Starting 01-01-2017:
        As long as you are physically present for the duration of the loan, there is need to utilize a CA FFL dealer to loan the firearm to your friend. [PC 27885]

        If you are not physically present for the duration of the loan, a CA FFL dealer must be utilize to facilitate the loan. [PC 27545]
        The process will involved an ATF 4473, CA DROS, 10 day waiting period, and a $35 DROS/transfer fee.



        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).

        Penal Code 27880 (current law, becomes void on 01-01-2017)
        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) Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.

        Penal Code 27880 (new law that becomes effective on 01-01-2017)
        Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied:
        (a) The loan is to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation:
        (1) Parent.
        (2) Child.
        (3) Sibling.
        (4) Grandparent.
        (5) Grandchild.
        (b) The loan is infrequent, as defined in Section 16730.
        (c) The loan is for any lawful purpose.
        (d) The loan does not exceed 30 days in duration.
        (e) Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
        (f) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.


        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.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          slayer61
          Senior Member
          • Jun 2014
          • 1402

          This is the dumbest law
          ΜΟΛΩΝ ΛΑΒΕ
          Paul

          Confirmed Domestic Terrorist & NRA Member


          Bobby Sands

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