Loaning a shotgun for hunting - illadvised?

[Hennessy]

All of this is hypothetical.

"Joe" has a shotgun
"Bill" does not, but is a friend of Joe

Bill is planning on hunting Dove and has completed the class and has his safety certificate. Bill can legally own long arms and owns a few rifles himself. Bill ordered a shotgun but it is on back order and it will not make it in time for his trip because of the 10 day wait period.

Joe has the model shotgun Bill ordered and Joe will not be attending this first trip.

Questions:

1)Can Joe legally loan Bill his shotgun for the hunt? If so, how long is Bill allowed to have possession of Joe's shotgun?

2) Joe's shotgun is not a C&R. Will Bill get into any trouble for having Joes shotgun if he was in a routine traffic stop and had Joes shotgun in his trunk, locked and unloaded?

3) Say Bill, even with his training, has an accident with Joes shotgun, is Joe held liable(Because if so then Joe would not want to loan the shotgun.)

4) If you can please cite legal references. Thank you for your help!

[rimfired]

For #3, the friend and the friend's family can always make a civil suit if there were injury or death caused by the firearm. Personally, I would NEVER loan a firearm out to someone other than a family member. And at that I would make sure they knew how to use it. Got this from a post via Google search:


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.

[otteray]

1)Can Joe legally loan Bill his shotgun for the hunt? If so, how long is Bill allowed to have possession of Joe's shotgun?

I'll never loan out a shotgun again. Last time, it came back rusty!

4) If you can please cite legal references. Thank you for your help!

Try these:

http://oag.ca.gov/firearms/pubfaqs

California Firearms Laws

[BKinzey]

All of this is hypothetical.

"Joe" has a shotgun
"Bill" does not, but is a friend of Joe

Bill is planning on hunting Dove and has completed the class and has his safety certificate. Bill can legally own long arms and owns a few rifles himself. Bill ordered a shotgun but it is on back order and it will not make it in time for his trip because of the 10 day wait period.

Joe has the model shotgun Bill ordered and Joe will not be attending this first trip.

Questions:

1)Can Joe legally loan Bill his shotgun for the hunt? If so, how long is Bill allowed to have possession of Joe's shotgun?

Yes, you can loan a firearm for up to 30 days in a row. If the hunt is longer than 30 days all Joe has to do is regain possession of the firearm and loan it out to Bill again. If Joe and Bill are in the same lodge or camp, this should be easy.

2) Joe's shotgun is not a C&R. Will Bill get into any trouble for having Joes shotgun if he was in a routine traffic stop and had Joes shotgun in his trunk, locked and unloaded?

Bill will be eviscerated by those who know that during a "routine traffic stop" there is zero probable cause to answer questions about, or mention, what's in the trunk. If Bill is foolish enough to blab there is a firearm in the trunk then the Officer can check the firearm to see if it is indeed being transported legally. Bill will not have to prove he has legal possession of the firearm but if he doesn't mention it, how will the Officer know? Works the same for dead hookers.

3) Say Bill, even with his training, has an accident, is Joe held liable(Because if so then Joe would not want to loan the shotgun.)

Lets say Bill, even though he is an adult, drinks in the evening and falls into the fire pit. Can he sue Joe for taking him hunting? How about if it is Joe's liquor?

4) If you can please cite legal references. Thank you for your help!

I Am Not A Lawyer. My Advise Is Worth Every Penny You Paid For.

[Hennessy]

Yes, you can loan a firearm for up to 30 days in a row. If the hunt is longer than 30 days all Joe has to do is regain possession of the firearm and loan it out to Bill again. If Joe and Bill are in the same lodge or camp, this should be easy.



Bill will be eviscerated by those who know that during a "routine traffic stop" there is zero probable cause to answer questions about, or mention, what's in the trunk. If Bill is foolish enough to blab there is a firearm in the trunk then the Officer can check the firearm to see if it is indeed being transported legally. Bill will not have to prove he has legal possession of the firearm but if he doesn't mention it, how will the Officer know? Works the same for dead hookers.



Lets say Bill, even though he is an adult, drinks in the evening and falls into the fire pit. Can he sue Joe for taking him hunting? How about if it is Joe's liquor?



I Am Not A Lawyer. My Advise Is Worth Every Penny You Paid For.

Thank you for the detailed answers. As far as the accident quote, if Bill has an accident with Joes shotgun, would Joe be liable?

[Mssr. Eleganté]

Thank you for the detailed answers. As far as the accident quote, if Bill has an accident with Joes shotgun, would Joe be liable?

He wouldn't be criminally liable. But whether or not he was held civilly liable would depend on the verdict of 12 people not smart enough to get out of jury duty of his peers.

Yes, you can loan a firearm for up to 30 days in a row. If the hunt is longer than 30 days all Joe has to do is regain possession of the firearm and loan it out to Bill again. If Joe and Bill are in the same lodge or camp, this should be easy.

If Bill has a hunting license then Joe can actually loan Bill the shotgun for the duration of the hunting season for which it is to be used. See CPC 27950

[bill_k_lopez]

If Bill was really Joe's friend, he wouldn't ever ask to borrow Joe's shotgun.

If Bill was a responsible adult, he would have planned appropriately and had a backup for his trip in the event that the shotgun he ordered didn't come in.

While a gun is a tool, its not the same as a shovel, a hammer or a drill, its best practice to not loan your weapons out - so shame on Joe for even considering this.

[CSACANNONEER]

If Bill was really Joe's friend, he wouldn't ever ask to borrow Joe's shotgun.

If Bill was a responsible adult, he would have planned appropriately and had a backup for his trip in the event that the shotgun he ordered didn't come in.

While a gun is a tool, its not the same as a shovel, a hammer or a drill, its best practice to not loan your weapons out - so shame on Joe for even considering this.

BS!!!!!! I hate people who have this attitude. I loan firearms to those I know all the time. The last gun I loaned out went out of state to the FCSA World Championships. This was a rifle set up that would cost a "little" more than your average hunting shotgun but, a little less than a new car. SHAME ON YOU for not sharing with your friends!!!!!!!

[TonyNorCal]

Additional information is needed...

- Is 'Dove' a human female?

- If so, why does Bill want to hunt her? Is this a love triangle gone bad? Is Joe involved? Have Joe and Bill ever had homosexual contact?

- Is Joe going to help Bill dispose of Dove's body? Has Bill planned this sufficiently? Forensics are a big gotcha these days.

- Is a shotgun the best implement to achieve Dove's demise?

All of this is hypothetical.

"Joe" has a shotgun
"Bill" does not, but is a friend of Joe

Bill is planning on hunting Dove and has completed the class and has his safety certificate. Bill can legally own long arms and owns a few rifles himself. Bill ordered a shotgun but it is on back order and it will not make it in time for his trip because of the 10 day wait period.

Joe has the model shotgun Bill ordered and Joe will not be attending this first trip.

Questions:

1)Can Joe legally loan Bill his shotgun for the hunt? If so, how long is Bill allowed to have possession of Joe's shotgun?

2) Joe's shotgun is not a C&R. Will Bill get into any trouble for having Joes shotgun if he was in a routine traffic stop and had Joes shotgun in his trunk, locked and unloaded?

3) Say Bill, even with his training, has an accident with Joes shotgun, is Joe held liable(Because if so then Joe would not want to loan the shotgun.)

4) If you can please cite legal references. Thank you for your help!

[toby]

I have, I will, I do. Shotgun,Rifle you name it you got it, otherwise they just sit there looking pretty.

[Hennessy]

- Is 'Dove' a human female?

Dove is a Columbidae. A relative of the Pigeon. Delicious and edible with some bacon then fried in a pan.

- If so, why does Bill want to hunt her? Is this a love triangle gone bad? Is Joe involved? Have Joe and Bill ever had homosexual contact?

Joe and Bill are not romantically involved. Bill and Joe Mama are.

- Is Joe going to help Bill dispose of Dove's body? Has Bill planned this sufficiently? Forensics are a big gotcha these days.

If Bill brings back some Dove in an ice chest, I'm sure Joe would.

- Is a shotgun the best implement to achieve Dove's demise?

Yes, hard to shoot birds with anything less.
_____

Thank u for the humor and to the rest thank you for the information. I will advise Joe. Joe asked a hunting instructor today and he got the green light from him as well.

[Hennessy]

If Bill was really Joe's friend, he wouldn't ever ask to borrow Joe's shotgun.

They are actually close friends from college.

If Bill was a responsible adult, he would have planned appropriately and had a backup for his trip in the event that the shotgun he ordered didn't come in.

Bill did not expect to go on a trip so soon but a spot opened up with another group.

While a gun is a tool, its not the same as a shovel, a hammer or a drill, its best practice to not loan your weapons out - so shame on Joe for even considering this.

It is always good to hear both sides of the argument and I thank you for your input.

[CSACANNONEER]

Uh, why is this question being posted the day after dove season ended?

[Hennessy]

Uh, why is this question being posted the day after dove season ended?

All hypothetical. Sorry, i was going on with the story-telling after replying to Tobys post. Maybe a bit much.

[hellayella]

VERY ILL ADVISED...ALOT OF LEGAL PROBS...what ifs etc