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Legal Issues Loaning a Hunting Shotgun to a Friend

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  • #16
    SmokieBear
    Senior Member
    • Dec 2010
    • 548

    Just don't pull a Dick Cheney out there lmfao

    Comment

    • #17
      Quiet
      retired Goon
      • Mar 2007
      • 30239

      Originally posted by Egerland
      I am considering loaning a side by side shotgun to a friend during a hunting trip. We would be hunting together, or at least nearby.

      Are there any legal implications to consider?
      As long as your friend is a non-prohibited person and has a valid CA hunting license, then it's CA legal to loan him a firearm for hunting without using a CA FFL dealer to facilitate the loan.



      Starting 01-01-2017, all loans are required to be done through a CA FFL dealer. [PC 27545]

      Exemptions to this are:
      1. Loans between family members and spouses. [PC 27880]
      2. Loans when the loaner is in the presence of the lendee for the entire duration of the loan. [PC 27885]
      3. Loan to a licensed hunter for the duration of the hunting season that the firearm will be used in. [PC 27950]


      Penal Code 27545Penal Code 27880
      Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied:
      (a) The loan is to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation:
      (1) Parent.
      (2) Child.
      (3) Sibling.
      (4) Grandparent.
      (5) Grandchild.
      (b) The loan is infrequent, as defined in Section 16730.
      (c) The loan is for any lawful purpose.
      (d) The loan does not exceed 30 days in duration.
      (e) Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
      (f) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.

      Penal Code 27885
      Section 27545 does not apply to the loan of a firearm if 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 by state or federal law from possessing, receiving, owning, or purchasing a firearm.
      (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.

      Penal Code 27950
      Section 27545 does not apply to the loan of a firearm, other than a handgun, to a licensed hunter for use by that hunter for a period of time not to exceed the duration of the hunting season for which the firearm is to be used.
      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

      • #18
        LuckyGuy
        Member
        • Dec 2014
        • 448

        Originally posted by -hanko
        The paranoia is strong here.

        I have never in my whole life had anybody ask me if that was my gun. If he is a close friend or family member, then let them. Screw it.
        NRA Benefactor Patriot Member
        CRPA Member

        Comment

        • #19
          Yodaman
          Veteran Member
          • Aug 2012
          • 2747

          Originally posted by caliguy93
          That wiki page is outdated.. law changed as of 2017


          Caliguy93 for the save!


          Sent from my iPhone using Tapatalk

          Comment

          • #20
            LuckyGuy
            Member
            • Dec 2014
            • 448

            I took an course.

            I took a class to get an NRA Hunter Safety Cert. Is that equal to a valid firearm safety certificate? Any smart person would say "equal".
            NRA Benefactor Patriot Member
            CRPA Member

            Comment

            • #21
              code_blue
              Veteran Member
              • Sep 2012
              • 3452

              Originally posted by LuckyGuy
              I took a class to get an NRA Hunter Safety Cert. Is that equal to a valid firearm safety certificate? Any smart person would say "equal".
              No, but an active hunting license is an exemption to the FSC for long guns only.
              Classifieds:

              Radian & Aero Pistol lowers, Folsom

              Comment

              • #22
                edgerly779
                CGN/CGSSA Contributor
                CGN Contributor
                • Aug 2009
                • 19871

                I answered in post#5 and quiet affirmed it in post #17. Hunting is good to go.

                Comment

                • #23
                  Dvrjon
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Nov 2012
                  • 11200

                  And the cited Wiki page (although not fully updated) contains the correct and current reference for loaning weapons for hunting.

                  Last edited by Dvrjon; 07-27-2018, 7:56 AM.

                  Comment

                  • #24
                    walmart_ar15
                    Senior Member
                    • Oct 2006
                    • 1984

                    Originally posted by Egerland
                    I am considering loaning a side by side shotgun to a friend during a hunting trip. We would be hunting together, or at least near to each other.

                    What are the legal implications I should consider?
                    or the Calguns answer. Have you friend buy a new side-by-side or a shotty for the hunt

                    Comment

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