question.

[RANDO]

if my "friend"(more of an acquaintance) used his gun as colateral for a loan and hasnt come back for it can i sell it? i never had the intention on keeping it but its been a year and i cant get a hold of him.

[bigthaiboy]

I presume there was no written agreement to explain why it is you are holding the gun as collateral.

I pretty sure, as it is, it is unlawful for you to be in possesion of a handgun registered to someone else if you do not possess a valid HSC and if you have had possesion for over the maximim of 30 days permitted.

I'm sure someone will correct me if this doesn't apply to using a handgun as collateral.

[RANDO]

its a rifle and no there wasnt a written agreement. ive had the thing for a year waiting for him to come get it, i havent even taken it to the range.

[bigthaiboy]

OK, that's fine then. When you said gun, I assumed you meant handgun.

My guess is, if the rifle is C&R, technically you could claim the cash you handed him amounts to a FTF transfer. If the rifle is less than 50 years old, then it's not legally yours to sell, as it was never PPT to you through a FFL. Your only recourse of selling a C&R is if he comes back and files a report against you with the police saying you stole it.

What kind of rifle was it?

[olhunter]

Wait for one of those stupid "No questions asked" LA gun buy-backs and get a gift card.

[RANDO]

Wait for one of those stupid "No questions asked" LA gun buy-backs and get a gift card.

i'd rather burn the stock for warmth and use the barrel as a club before giving anything to those things....

[mk19]

I presume there was no written agreement to explain why it is you are holding the gun as collateral.

I pretty sure, as it is, it is unlawful for you to be in possesion of a handgun registered to someone else if you do not possess a valid HSC and if you have had possesion for over the maximim of 30 days permitted.

I'm sure someone will correct me if this doesn't apply to using a handgun as collateral.

you are wrong there, one does not have to have an valid HSC to own a handgun, you need to have to in order to purchase. Second, the 30 days rule is for all firearms. This particular situation is beyond my knowledge.

[Quiet]

In regards to loaning of firearms...

Penal Code 12078
(d)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent loan of firearms between persons who are personally known to each other for any lawful purpose, if the loan does not exceed 30 days in duration and, when the firearm is a handgun, commencing January 1, 2003, the individual being loaned the handgun has a valid handgun safety certificate.
(2) Subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a firearm where 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 from owning or possessing a firearm pursuant to Section 12021 or 12021.1 of this code, or by Section 8100 or 8103 of the Welfare and Institutions Code.
(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.

[bigthaiboy]

you are wrong there, one does not have to have an valid HSC to own a handgun, you need to have to in order to purchase. Second, the 30 days rule is for all firearms. This particular situation is beyond my knowledge.

And you misread what I said. You need a HSC to take possession from another person, borrow or be lent a handgun. I said nothing about the OP personally owning or buying a handgun.

Yes, the 30 days is for all firearms, but because I thought the OP was referring to a handgun, that's why it is linked to the HSC in post #2.

Pretty much what Quiet had posted :

Penal Code 12078
(d)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent loan of firearms between persons who are personally known to each other for any lawful purpose, if the loan does not exceed 30 days in duration and, when the firearm is a handgun, commencing January 1, 2003, the individual being loaned the handgun has a valid handgun safety certificate.

[Stormfeather]

So. . .um. . what kind of rifle is it, and um. .. how much ya selling it for?

[RANDO]

its a mini 30 with a 30 round rebuild kit, if i can sell it YOU have dibs at $475