Using family members firearms

[glockpower]

Hi everyone this is my first post on calguns

Ok i know the laws on borrowing guns from friends not to exceed 30 days blah blah.. but what about family members. I have had a few of my dads guns for years.. Are they any laws about loaning family members guns?? Thank You

[roushstage2]

Remember just reading something about family transfers in another thread. Parents can transfer guns to their children without having to go through the whole process "as long as it is infrequently" (5 times or less per year if I'm remembering that information correctly) like you and I would have to. Technically, I'd think you could "borrow" them indefinitely...as long as he won't be reporting them stolen.

Welcome to Calguns, BTW!

[Quiet]

Under CA laws...

Technically, I'd think you could "borrow" them indefinitely...as long as he won't be reporting them stolen.

Technically, it's 30 days maximum even amongst family members. [PC 12078(d)(1)]
Also, the loan has to be infrequent. So, technically, the loan can't go for 30 days, be returned and then loaned out for another 30 days.

Technically, loans lasting longer than 30 days need to be transfered through a CA FFL dealer. [PC 12082(a)]

However, firearms can be transfered (bequest/gift/etc) between "immediate family members" (that are CA residents) without the use of a CA FFL dealer. [PC 12078(c)]
Handguns that are transfered this way need to be reported to CA DOJ BOF.



Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(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.

Penal Code 12082
(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction.

[roushstage2]

Good to know. I need to fill this out then for my 3:

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

Glad I joined this site so I can learn the right and wrong!

[Quiet]

Good to know. I need to fill this out then for my 3:

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

Glad I joined this site so I can learn the right and wrong!

Wrong form for an intra-familial gift.

Use the Operation of Law or Intrafamilial Handgun Transaction Report to notify CA DOJ BOF of handgun(s) being transfered via intra-familial gift.

Long guns are not registered in CA, therefore there is not requirement to notify CA DOJ BOF when long guns are transfered via intra-familial gift.

Since long guns (except those classified as prohibited firearms) are not registered in CA and handgun registration was not "mandatory" until 1991, the Firearm Ownership Record (form you linked) is used to register any non-registered firearms with the CA DOJ BOF and is not legal to use to do firearm transfers.

[roushstage2]

Ah. Thanks for the clarification yet again.