Need advice for a friend regarding handgun stolen

[Günter]

One of my friends loaned a handgun to his best friend who is over 18, clean record, but under 21 and does not possess a HSC for a shooting trip. Just now his house was burglarized and with it was a handgun locked up in a suitcase. He and his friend is in panic right now on notifying authorities because he’s not sure if it was legal for him to have loan a gun to his friend.

Should the borrower notify authorities about the stolen gun or the lender/owner?

[Ed_Hazard]

Inform the police of the stolen firarm, lesser of two evils. Also include the names of all who knew he was in possesion of said HG, not a coincidence it was stolen.

[Munk]

Inform the police of the stolen firarm, lesser of two evils. Also include the names of all who knew he was in possesion of said HG, not a coincidence it was stolen.

Seriously, reporting it stolen is the biggest issue at hand, and needs to be done ASAP.

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.

This is what they SAY, but it isn't necessarily an issue. The key words from the laws are "acquiring" a firearm, which being loaned and temporarily having it in your posession is KINDA applicable.

Being under 21 isn't even an issue since there are legal methods an 18-20 year old CAN get a handgun.


I'm guessing that below is an accurate representation of the situation... right?
Basically the owner of the gun was temporarily storing the firarm in a locked container at the friend's place in contemplation of allowing the friend to go on a shooting trip. The friend was going to get his HSC and was excited about going shooting that weekend. The owner was going to hand over the keys to the locked container as soon as the friend got his HSC. Unfortunately the friend has a chatty cathy, and someone heard about the gun and where it would be, which resulted in a burglary.


If this is the case, the owner should take his keys for the gun case... stare at them remorsefully as he sobbingly tells the cops that his precious gun has been stolen. The friend should come up with a list of every single person who could CONCEIVABLY have heard ANYTHING from him relating to the words: "Gun", "shooting", "firing range", "boomstick", "guntime is funtime", "target practice", "there's a pistol lying in a locked case under my bed", and "don't steal that box, there's a gun in it".

[Günter]

Roger, I'll tell him to report it right away.
This just happened hours ago so I don't know much details but he did mention some other valuables were also stolen, mainly money. The gun was apperently stored in a shiny metal locked suitcase, which may have been a eye catcher to a thief, ammo is not stolen nor was a SKS rifle that was lieing besides the cased pistol.

After the report to the Police, Any other places to visit and report the stolen firearm? The incident happened in Inglewood.

[Ron-Solo]

Report it to the police right away. We (LE) are more concerned about revovering the stolen gun, and I'd bet 99% are not even aware of the HSC requirement and could care less. The sooner they get on the trail, the better the odds.

I agree, it is probably someone that knows the friend.

[Rob454]

Report it. You don't need to lie to protect your friend. its not illegal to loan a gun to someone. Also always have all your rifle and pistol info somewhere in case someone does steal them.

[Decoligny]

While it is not illegal to loan a gun to someone, that person must be over 18 (he is) and possess a Handgun Safety Certificate (HSC) (he does not).

Technically this could be chargeable as an illegal transfer of a firearm without going through an FFL as required in PC 12082.

I would still report the stolen gun.


Applicable Penal Codes:

PC 12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

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.

[bruss01]

Is there a chance that the loan-ee might have sold the gun "off the books" to get money and then faked a robbery to cover his tracks? Another gun, right next to the one that was loaned/stolen, was left while other valuables vanished. Not making any accusations, but it pays to check out all possible angles.

[ojisan]

Back a few years ago, a friend of mine's home was burglarized.
The thieves took a revolver and a lever action rifle, but left behind his Glock that was with the other two guns.
Our first theory is they did not know how to use the autoloader so they didn't take it.
Our second theory is hiding guns under a bed does not work.

[turbosbox]

Is there a chance that the loan-ee might have sold the gun "off the books" to get money and then faked a robbery to cover his tracks? Another gun, right next to the one that was loaned/stolen, was left while other valuables vanished. Not making any accusations, but it pays to check out all possible angles.

Yes, that's suspicious. Leave it to the investigators to get to the truth by reporting it.
IIRC there is some form required to be filled out for stolen handgun reporting by the registered person.
The OWNER of the handgun really should report it even if the 18yo might be hiding some involvement and doesn't want it reported or does not initiate the reporting.
LEO don't always screw you on every technicality they might be able to if you are trying to do the right thing. On the other hand if the 18yo is involved in the theft maybe he gets some kind of charge on him. But if he is ripping off his friend's handgun do you feel sorry for him if that happens?

[littlejake]

The true owner of the gun may file an NLIP with CA DOJ/BOF and report it stolen. The new NLIP form (as of 2009) requires the owner to attach a copy of the police report.

So, have the person who possessed it at the time it was stolen report it to the police; then get a copy of that police report. Then file the NLIP.

[Günter]

This morning I gave my friend (the owner) a call, I asked if there was anyone aware of the handgun transfer besides him and the borrower

He answered no, the transfer was private and no leak of information, mainly because the borrower lives with parents who are very anti-gun. The pistol was purchased very recently at Turners and unfired, so the only people who possibily knew of the pistol is the lender and borrower

I then asked if there is any suspecion that his borrower may have hid/sold his gun for his selfish gain, he replied that scenario to be "unthinkable"

More updates to come, appreciate the advice/tips I am getting for him.

[Günter]

The true owner of the gun may file an NLIP with CA DOJ/BOF and report it stolen. The new NLIP form (as of 2009) requires the owner to attach a copy of the police report.

So, have the person who possessed it at the time it was stolen report it to the police; then get a copy of that police report. Then file the NLIP.

Will filing this report increase the chance of having the gun be found and returned to the owner?

[DSA_FAL]

Will filing this report increase the chance of having the gun be found and returned to the owner?

Yes it should. Stolen guns go into a database and when guns are recovered their serial numbers are cross-checked in this database. If there's a match, there's a good chance that the owner will eventually receive the gun back. There are Calgunners here who have had firearms stolen and subsequently returned by police. They'd have more info on the subject.

[stix213]

If you are really concerned about the HSC requirement, your friend can just go into a gun shop and take the HSC test, so he can produce one if ever asked by the police. Test is cheap and only takes 10 minutes of your life.