Loaning a handgun to a minor

[tincan715]

My son, age 19, occasionally would like to go to the range at times when I can't go with him. I know I can give him a handgun as a gift if we do the paperwork but I haven't gotten around to that yet. Can I legally loan him a handgun to use when I'm not with him?

[leelaw]

Yes, you may. He needs a Handgun Safety Certificate first.

[hawk1]

At 19 he's no longer a minor in California. He can own a handgun, just can't buy one or the ammo for it.

[Thefeeder]

??

At 19 he's no longer a minor in California. He can own a handgun, just can't buy one or the ammo for it.

18 long guns 21 for hand guns.....If memory serves me.

[leelaw]

18 long guns 21 for hand guns.....If memory serves me.

That's correct. "minor" generally refers to someone under the age of 18 years, though (with exceptions in probate code, and some other areas).

[hawk1]

18 long guns 21 for hand guns.....If memory serves me.

True, if the handgun or longgun is to be purchased by himself.

He can have a handgun gifted, given, or loaned to him by a parent legally if he has reached the age of 18.

[Greg-Dawg]

Don't, wait until he's 21. In addition, he can't buy ammo.

[Mssr. Eleganté]

He can have a handgun gifted, given, or loaned to him by a parent legally if he has reached the age of 18.

Parents can also loan handguns to their minor children (ages 0 to 17 years). Actually, anybody can loan a handgun to a minor (ages 0 to 17 years) as long as they have the minor's parent's permission.

[Quiet]

CA 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.


CA Penal Code 12101
(a)(1) A minor shall not possess a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor is accompanied by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves this use of a firearm.
(B) The minor is accompanied by a responsible adult, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The minor is at least 16 years of age, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The minor has the prior written consent of his or her parent or legal guardian, the minor is on lands owned or lawfully possessed by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(b)(1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor has the written consent of his or her parent or legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her parent or legal guardian.
(C) The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, the nature of which involves the use of a firearm.
(c) Every minor who violates this section shall be punished as follows:
(1) By imprisonment in the state prison or in a county jail if one of the following applies:
(A) The minor has been found guilty previously of violating this section.
(B) The minor has been found guilty previously of an offense specified in subdivision (b) of Section 12021.1 or in Section 12020, 12220, 12520, or 12560.
(C) The minor has been found guilty of a violation of paragraph (1) of subdivision (a).
(2) Violations of this section other than those violations specified in paragraph (1) shall be punishable as a misdemeanor.
(d) In a proceeding to enforce this section brought pursuant to Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of the Welfare and Institutions Code, the court may require the custodial parent or legal guardian of a minor who violates this section to participate in classes on parenting education that meet the requirements established in Section 16507.7 of the Welfare and Institutions Code.
(e) As used in this section, "responsible adult" means a person at least 21 years of age who is not within a class of persons prohibited from owning or possessing firearms by virtue of Section 12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(f) It is not the intent of the Legislature in enacting the amendments to this section or to Section 12078 to expand or narrow the application of current statutory or judicial authority as to the rights of minors to be loaned or to possess live ammunition or a firearm for the purpose of self-defense or the defense of others.

[Wild Squid]

I don't know man, something about the subject title just doesn't sit right with me.

[hitman13]

I don't know man, something about the subject title just doesn't sit right with me.

no offense but it is because you have been brainwashed by the FUDsters

[Vectrexer]

Everything is cool so long as the person (minor or child) is responsible, trained, has permission, and has a reason.

There are some adults I would never loan my firearms to. There are some minors I would loan my firearms to without much worry.

[tincan715]

Thanks everyone for the information, my son will find a place to get his HSC this week.