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Friend borrow shotgun for home defense..any issues?

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  • Shinobi'sZ
    Member
    • Jul 2010
    • 122

    Friend borrow shotgun for home defense..any issues?

    I have a friend that is a law abiding citizen who was lent a shot gun from another friend for self defense in his home. Does he have any issue from a legal standpoint if for some reason he has to use it in self defense within his home? Are there any restrictions for loaning long guns (shot guns) like handguns?
    Thanks
  • #2
    HK4113
    Senior Member
    • Dec 2008
    • 1296

    I believe your friend needs to be someone who can legally own a gun on his own, and also have a HSC card. Also he can only keep it for 30 days I think. How old is he? I am assuming he is over 18.

    Comment

    • #3
      SB23hater
      Member
      • Apr 2011
      • 270

      --------------------------------------------------------------------------------

      Here's the law for loaning out non-registered assault weapons.

      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.


      Another post like this.

      Comment

      • #4
        Turo
        Calguns Addict
        • May 2009
        • 5066

        Originally posted by HK4113
        I believe your friend needs to be someone who can legally own a gun on his own, and also have a HSC card. Also he can only keep it for 30 days I think. How old is he? I am assuming he is over 18.
        Considering a shotgun is not a handgun, the receiving party doesn't need a Handgun Safety Certificate (HSC) upon receiving said shotgun. I believe the rest of your post is true.
        "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
        -Thomas Jefferson

        Comment

        • #5
          Shinobi'sZ
          Member
          • Jul 2010
          • 122

          He is 35 years old and his friend lent him the shotgun for home defense until he can buy his own. It looks like from the responses that he can keep it for up to 30 days. Right?
          Thanks

          Comment

          • #6
            Decoligny
            I need a LIFE!!
            • Mar 2008
            • 10615

            Originally posted by Turo
            Considering a shotgun is not a handgun, the receiving party doesn't need a Handgun Safety Certificate (HSC) upon receiving said shotgun. I believe the rest of your post is true.
            Unless of course said "shotgun" is indeed also a handgun. If however, this is the case, then there are other more pressing legal issues, i.e. short barrelled shotgun.
            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

            • #7
              taperxz
              I need a LIFE!!
              • Feb 2010
              • 19395

              Originally posted by Shinobi'sZ
              He is 35 years old and his friend lent him the shotgun for home defense until he can buy his own. It looks like from the responses that he can keep it for up to 30 days. Right?
              Thanks

              And then ask for permission for another 30 days. and so on and so on

              Comment

              • #8
                Shinobi'sZ
                Member
                • Jul 2010
                • 122

                Ok I will let him know that he can do this, but eventually should go to Big 5 or some place else to buy his own and avoid any ownership question in the event that he has to use it for home defense.
                Thanks

                Comment

                • #9
                  glock_this
                  Calguns Addict
                  • Dec 2005
                  • 8225

                  this is one of those posts where I am convinced "friend" is code for "me/I"
                  10 +1 in the chamber

                  Comment

                  • #10
                    paul0660
                    In Memoriam
                    • Jul 2007
                    • 15669

                    And then ask for permission for another 30 days. and so on and so on
                    Pretty much the opposite of "infrequent".
                    *REMOVE THIS PART BEFORE POSTING*

                    Comment

                    • #11
                      taperxz
                      I need a LIFE!!
                      • Feb 2010
                      • 19395

                      Originally posted by paul0660
                      Pretty much the opposite of "infrequent".
                      Its still a prove it thing, and what is infrequent??? Infrequent in life or infrequent daily??

                      Comment

                      • #12
                        paul0660
                        In Memoriam
                        • Jul 2007
                        • 15669

                        taper, you are right. Just pointing out that "they" figured that angle.
                        *REMOVE THIS PART BEFORE POSTING*

                        Comment

                        • #13
                          Shinobi'sZ
                          Member
                          • Jul 2010
                          • 122

                          Originally posted by glock_this
                          this is one of those posts where I am convinced "friend" is code for "me/I"
                          somewhat funny..but incorrect. I had a co-worker who asked me about it and I wasn't quite sure as I own all of my stuff and don't loan to anybody. So I told him I would inquire on here because I thought I would get a few good answers.

                          So far I have gotten a few good answers and some off topic responses.

                          Comment

                          • #14
                            taperxz
                            I need a LIFE!!
                            • Feb 2010
                            • 19395

                            Originally posted by paul0660
                            taper, you are right. Just pointing out that "they" figured that angle.

                            ehh i know, its kinda of a ridiculous angle isnt it, Like the owner won't want it back??

                            Comment

                            • #15
                              Shinobi'sZ
                              Member
                              • Jul 2010
                              • 122

                              Originally posted by taperxz
                              ehh i know, its kinda of a ridiculous angle isnt it, Like the owner won't want it back??
                              The guy just wants to go to the range and see if he likes it first. I forwarded him the link to this thread. Thanks for the responses.

                              Comment

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