I know that similar discussions have occurred but I can't seem to find anything that is telling me what I want to know. Question - Can my wife use and "borrow for range training on her own or SD if needed" one of my handguns without an HSC or is Kalifornian law so draconian that she needs to have an HSC unless I am with her? I'm living most of the month in Houston so I'm not in the PRK all that much and don't want my wife to run into any legal issues if she needs to use a firearm.
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Wife and HSC
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It is my understanding, the CA HSC, is only needed to purchase a pistol, not fire one, or have in possession."If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions."
--James Madison
'Letter to Edmund Pendleton', 1792 -
I read somewhere, that she doesn't need it if the firearm is under your immediate supervision, ie, same building, same house etc. However if you loan her the firearm (for up to the 30 days allowed), she'd need the HSC.
Someone with more legal background can probably point you the correct PC.
Linky... http://www.calguns.net/calgunforum/s...d.php?t=124237Last edited by st.clouds; 05-29-2009, 10:08 AM.Comment
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I'm up in the air.
"Infrequent loan" provision requires borrower to have an HSC.
However your wife has joint ownership.
I don't think anyone will bother her over it even after a traffic stop. "It's my husband's gun, I'm shooting it at the range, I'm not a prohibited person" should be fine.
Bill Wiese
San Jose, CA
CGF Board Member / NRA Benefactor Life Member / CRPA life member
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legal advice, which can only be given by a lawyer.Comment
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How would they know?
If the Police Officer can see the gun during a traffic stop, she'll have more problems than a HSC.I'm up in the air.
"Infrequent loan" provision requires borrower to have an HSC.
However your wife has joint ownership.
I don't think anyone will bother her over it even after a traffic stop. "It's my husband's gun, I'm shooting it at the range, I'm not a prohibited person" should be fine.sigpic
Doubling down on stupid is not a particularly good idea.
--Andrew BreitbartComment
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Thanks guys!
I finally got her to agree to do a 30 hour block of training to become at least proficient and comfortable with firearms. I had originally planned on sending her to Front Sight, but we decided in the interest of cost (her concern) and depth/technique (my concern) I will be doing the instruction. I don't really see her going to the range much on her own (I can always hope she will become a gun-nut but I don't see it happening), but I want to make sure that my wife can use one of my weapons if needed without running into HSC troubles (will all be a moot point if/when she moves to Texas with me). Getting the HSC isn't all that much of an issue (I will be using the HCS study guide as required "training material") but I'd rather not give the State of Kalifonia any more money than they are already getting.sigpicComment
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Sorry for the FUD earlier, here's the info you need straight from the .gov website. Point no. 15.Thanks guys!
I finally got her to agree to do a 30 hour block of training to become at least proficient and comfortable with firearms. I had originally planned on sending her to Front Sight, but we decided in the interest of cost (her concern) and depth/technique (my concern) I will be doing the instruction. I don't really see her going to the range much on her own (I can always hope she will become a gun-nut but I don't see it happening), but I want to make sure that my wife can use one of my weapons if needed without running into HSC troubles (will all be a moot point if/when she moves to Texas with me). Getting the HSC isn't all that much of an issue (I will be using the HCS study guide as required "training material") but I'd rather not give the State of Kalifonia any more money than they are already getting.
Is a Handgun Safety Certificate (HSC) required when a handgun is being loaned?
It depends on the specific circumstances. Generally, a person being loaned a handgun must have a current Handgun Safety Certificate (HSC). However, an HSC is not required when the loan does not exceed three days in duration and the person loaning the handgun is at all times within the presence of the person being loaned the handgun.Comment
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Thanks, but this has me a little worried/confused. I "live" in Texas 19 days out of the month while my wife lives in the PRK all month. Since I only rent an apartment in Texas and since my move was unplanned and hopefully temporary - most of my firearms are here in the PRK. I am a resident of both states. My question now is, when I am gone for ten days at a time, am I "loaning" my wife my firearms while I am gone?Is a Handgun Safety Certificate (HSC) required when a handgun is being loaned?
It depends on the specific circumstances. Generally, a person being loaned a handgun must have a current Handgun Safety Certificate (HSC). However, an HSC is not required when the loan does not exceed three days in duration and the person loaning the handgun is at all times within the presence of the person being loaned the handgun.
Isn't it pathetic how all these so called "common sense gun safety laws" really just fly in the face of all that is common sense?sigpicComment
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You don't need an HSC to rent a pistol at the range.
You don't need an HSC to protect yourself with a pistol.
You DO need an HSC if you decide to purchase a pistol...

.........STGC(SW)

SAF Life Member
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NRA BenefactorComment
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All the average intelligent person needs to get an HSC is a half hour (possibly less if familiar with firearms) with the booklet and a few dollars for the test fee. Not any sort of barrier at all.
My wife took it sight unseen without reading the booklet and got all but one question right (she read one of the questions wrongly).
Although far be it from me to dissuade someone from training, I would have thought that sufficient safety and practical handling could be taught in less than 30 hours. Try looking for an NRA basic pistol course.John -- bitter gun owner.
All opinions expressed here are my own unless I say otherwise.
I am not a lawyer and this is not legal advice.
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Maybe the appropriate response is to say that your wife is borrowing the gun to go to the range (less than 3 days) and is returning it when she gets back home.
Or if she needed it for SD she would only be borrowing it during that particular time.
You are legally keeping it in California and the terms of her borrowing it are that she puts it back where you want it kept.
The fact that you aren't there shouldn't mean anything.
Sounds reasonable enough to work to me.
Comment
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Everyone missed the second half of the sentence from DOJ:Maybe the appropriate response is to say that your wife is borrowing the gun to go to the range (less than 3 days) and is returning it when she gets back home. Or if she needed it for SD she would only be borrowing it during that particular time.
You are legally keeping it in California and the terms of her borrowing it are that she puts it back where you want it kept.
The fact that you aren't there shouldn't mean anything.
Sounds reasonable enough to work to me.
when the loan does not exceed three days in duration and the person loaning the handgun is at all times within the presence of the person being loaned the handgun.sigpic
If you haven't seen it with your own eyes,
or heard it with your own ears,
don't make it up with your small mind,
or spread it with your big mouth.Comment
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Get the wife to get an HSC. It's easy, so it really doesn't matter if it is technically necessary or not. Then, as she has joint ownership, loans don't enter the equation. Remember, the firearm doesn't have to be registered in her name.John -- bitter gun owner.
All opinions expressed here are my own unless I say otherwise.
I am not a lawyer and this is not legal advice.
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Why would you want to move to California?Originally posted by Paladin(Please skip the lame "two weeks" replies.)Originally posted by Ford8NIf I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. and Mrs. America, turn 'em all in, I would have done it. Senator Dianne Feinstein, CBS-TV's 60 Minutes, February 5, 1995Comment
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