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Loaning a handgun to a friend-Does he need a HSC?

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  • brassburnz
    Veteran Member
    • Nov 2006
    • 3553

    Loaning a handgun to a friend-Does he need a HSC?

    I searched the forum and didn't see anything. One of my close friends asked to borrow a revolver to do some shooting out in the desert with his friends. He's not familiar with the revolver, so I will be taking him shooting to get him familiar with it.

    Does he need a HSC to possess the revolver? I'm not going on the desert trip. He will be in sole control of my revolver.

    Thoughts on the matter? Thanks,
    NRA Life Member
    CRPA Life Member
  • #2
    ryno066
    Senior Member
    • Dec 2007
    • 1274

    Yes

    Comment

    • #3
      jgraham7897
      Senior Member
      • Sep 2007
      • 682

      (B) Commencing January 1, 2003, no handgun shall be delivered
      unless the purchaser, transferee, or person being loaned the
      handgun presents a handgun safety certificate to the dealer.

      Comment

      • #4
        fairfaxjim
        Senior Member
        • Apr 2006
        • 2146

        Originally posted by ryno066
        Yes
        No more calls, we have a WINNER!

        12801. (b) No person shall do either of the following:
        (1) Purchase or receive any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, without a valid handgun safety certificate.
        (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, to any person who does not have a valid handgun safety certificate.
        (c) Any person who violates subdivision (b) is guilty of a misdemeanor.
        Last edited by fairfaxjim; 01-17-2012, 8:40 PM.
        "As soon as we burn 'em," Chinn said, "more come in."
        Ignatius Chinn, a FORMER veteran firearms agent.
        CONTRA COSTA TIMES 03/04/2008

        "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242

        Comment

        • #5
          sundayduffer
          Senior Member
          • Sep 2011
          • 527

          can you turn him down? i wouldnt do it even if he has an HSC.

          Comment

          • #6
            mjmagee67
            Veteran Member
            • Jun 2011
            • 2771

            Originally posted by jgraham7897
            (B) Commencing January 1, 2003, no handgun shall be delivered
            unless the purchaser, transferee, or person being loaned the
            handgun presents a handgun safety certificate to the dealer.
            How does this apply to loaning a gun to a friend or relative? Where does the "dealer" come in?
            If you want change you have to put in your 2 cents, you can't just sit on the sidelines and whine.

            Comment

            • #7
              fairfaxjim
              Senior Member
              • Apr 2006
              • 2146

              Originally posted by mjmagee67
              How does this apply to loaning a gun to a friend or relative? Where does the "dealer" come in?
              See my Post #4 above. Loan is specifically covered in the law. Also note the sections have been renumbered.
              "As soon as we burn 'em," Chinn said, "more come in."
              Ignatius Chinn, a FORMER veteran firearms agent.
              CONTRA COSTA TIMES 03/04/2008

              "please guys please no ridiculous offers....Im a girl, not an idiot" Mistisa242

              Comment

              • #8
                dantodd
                Calguns Addict
                • Aug 2009
                • 9360

                Originally posted by sundayduffer
                can you turn him down? i wouldnt do it even if he has an HSC.
                I'm confused. Do you know something about his friend? Is he a bad guy or something?
                Coyote Point Armory
                341 Beach Road
                Burlingame CA 94010
                650-315-2210
                http://CoyotePointArmory.com

                Comment

                • #9
                  Connor P Price
                  Senior Member
                  • Jan 2009
                  • 1897

                  Originally posted by sundayduffer
                  can you turn him down? i wouldnt do it even if he has an HSC.
                  Seriously? What a great pal! Friends borrow and loan guns to one another all the time, it really shouldn't be an issue.
                  Originally posted by wildhawker
                  Calguns Foundation: "Advancing your civil rights, and helping you win family bets, since 2008."

                  -Brandon

                  Comment

                  • #10
                    sundayduffer
                    Senior Member
                    • Sep 2011
                    • 527

                    Originally posted by Connor P Price
                    Seriously? What a great pal! Friends borrow and loan guns to one another all the time, it really shouldn't be an issue.
                    I take my pals shooting all the time..even let them shoot my ammos every time. But to let any of them borrow my one of my guns...oh hell no!!! sorry but hell no!!

                    Comment

                    • #11
                      markw
                      Senior Member
                      • Jun 2007
                      • 821

                      Originally posted by fairfaxjim
                      No more calls, we have a WINNER!

                      12801. (b) No person shall do either of the following:
                      (1) Purchase or receive any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, without a valid handgun safety certificate.
                      (2) Sell, deliver, loan, or transfer any handgun, except an antique firearm, as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code, to any person who does not have a valid handgun safety certificate.
                      (c) Any person who violates subdivision (b) is guilty of a misdemeanor.
                      According to the PC, you can't loan your pistol to LEO or Military or other HSC exempt persons since they don't have an HSC.

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44626

                        In this case, it means 'lend without the owner being there'; theoretically, those are supposed to go through an FFL.

                        Does that happen often? Not so far as I am aware.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • #13
                          bigcalidave
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Jan 2009
                          • 4489

                          Wait, since when can you not loan a firearm without an ffl Librarian?
                          ...

                          Comment

                          • #14
                            Quiet
                            retired Goon
                            • Mar 2007
                            • 30241

                            Originally posted by bigcalidave
                            Wait, since when can you not loan a firearm without an ffl Librarian?
                            Loaning a firearm is a type of transfer.
                            All transfers must go through a CA FFL dealer. [PC 27545]

                            However...

                            If the loan is between non-prohibited persons that know each other and teh loan is for a lawful purpose and the loan is infrequent and is for less than 30 days, then it is exempt from being transfered through a CA FFL dealer. If the firearm is a handgun, then the person recieving the handgun needs have a HSC or exemption to the HSC. [PC 27880]


                            Penal Code 27880
                            Section 27545 does not apply to the loan of a firearm between persons who are personally known to each other, if all of the following requirements are satisfied:
                            (a) The loan is infrequent, as defined in Section 16730.
                            (b) The loan is for any lawful purpose.
                            (c) The loan does not exceed 30 days in duration.
                            (d) If the firearm is a handgun, the individual being loaned the handgun shall have a valid handgun safety certificate.

                            Penal Code 27545
                            Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
                            Last edited by Quiet; 01-17-2012, 11:14 PM. Reason: added PC cites
                            sigpic

                            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                            Comment

                            • #15
                              Carnivore
                              Senior Member
                              • Aug 2009
                              • 1813

                              Originally posted by sundayduffer
                              I take my pals shooting all the time..even let them shoot my ammos every time. But to let any of them borrow my one of my guns...oh hell no!!! sorry but hell no!!
                              +1000 My buddy lent his .357 to a buddy to go shooting. Afterwords the guy came home and was cleaning the gun when his wife came in the house with another guy. Yep shot at them as they left the house and as they ran down the street. Thank god no one was hurt. Took 8 months before he saw his pistol again. No way do I loan a firearm to anyone unless I am there at the time.
                              sigpic

                              Comment

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