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Storing a firearm for someone else?

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  • af240z
    Member
    • Mar 2007
    • 431

    Storing a firearm for someone else?

    Greets fellow calgunners... my question is simple:

    can i legally store a firearm for a friend in my safe, provided he's given me written consent to do so, and the firearm was purchased legally from an FFL by him? Is there anything special I need to do if I was to store, or better yet, am I allowed by law to store it?

    If it is allowed, what needs to be done to be compliant with the law?

    thanks
  • #2
    Dr Rockso
    Veteran Member
    • Jan 2008
    • 3701

    Handgun or long gun?

    Comment

    • #3
      af240z
      Member
      • Mar 2007
      • 431

      long gun. he'll be leaving the breech lock on it as well, I won't have the key

      Comment

      • #4
        Dr Rockso
        Veteran Member
        • Jan 2008
        • 3701

        From PC 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.
        Keep in mind that 12078 specifically refers to a loan. I recall there being an argument as to whether a loan is the same thing as storage (a lock that you don't have the key to would imply that you don't have authorization to use it and therefore it is not a loan). Since it's a long gun there isn't any issue surrounding whether or not you have an HSC.

        Comment

        • #5
          af240z
          Member
          • Mar 2007
          • 431

          So what is the best course of action in this case? Is a signed affidavit from the owner sufficient enough for storage, or do I need to rent out the storage space to him for legal reasons at a monthly rate?

          Comment

          • #6
            Big Jake
            I need a LIFE!!
            • Jul 2009
            • 12509

            If you trust one another then store it for him and it should not be a problem as long as you don't take it out or use it without his permission!
            "Life Is Hard. It's Harder When You're Stupid"-John Wayne!

            "Liberalism Is A Mental Disorder"-Michael Savage!

            "The Object of Life Is Not To Be On The Side Of The Majority, But To Escape Finding Oneself In The Ranks Of The Insane"-Marcus Aurelius!

            "Dr. Thomas Sowell Is A National Treasure"-Big Jake!

            Comment

            • #7
              af240z
              Member
              • Mar 2007
              • 431

              well, couldn't take it out anyway since it'll have a breech lock. but it doesn't answer whether there's a legal issue with it.

              Comment

              • #8
                Baxter
                Senior Member
                • May 2009
                • 1326

                I believe in CA long guns do not need to be registered so who is to say it is yours or his. Put it in the safe and forget about it.
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