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Legal Issues Loaning a Hunting Shotgun to a Friend

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  • Egerland
    Member
    • Oct 2015
    • 172

    Legal Issues Loaning a Hunting Shotgun to a Friend

    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?
  • #2
    Egerland
    Member
    • Oct 2015
    • 172

    Legal Issues Loaning a Hunting Shotgun to a Friend

    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?

    Comment

    • #3
      SquidBilly
      Senior Member
      • Aug 2016
      • 594

      Joe Biden's shotgun? No problem.

      Comment

      • #4
        plinkr
        Member
        • Mar 2014
        • 491

        Sounds more like Dick Cheney's...
        Originally posted by SquidBilly
        Joe Biden's shotgun? No problem.
        Sent from my SM-J730GM using Tapatalk

        Comment

        • #5
          edgerly779
          CGN/CGSSA Contributor
          CGN Contributor
          • Aug 2009
          • 19871

          As long as he has hunting license good to go. Does not need fsc for long gun.

          Comment

          • #6
            Ben R
            Member
            • Apr 2016
            • 197

            IMHO, anybody who owns guns should have insurance that covers them in the event someone is injured by them. It isn't expensive.

            Comment

            • #7
              lewdogg21
              Cattle Thieves Pro Staff
              • May 2009
              • 10369

              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?
              I'm sure somebody will cite the penal code/law but I thought it was a no no now. Regardless... if I were in your situation I wouldn't worry provided it's as you described.
              Originally posted by jmonte35
              Disagree. Been trying to teach lewdogg21 how to hunt. It's like trying to teach Steve Wonder how to see. Not sure we're ever going to get there.
              .

              Comment

              • #8
                Egerland
                Member
                • Oct 2015
                • 172

                I'm sure somebody will cite the penal code/law but I thought it was a no no now. Regardless... if I were in your situation I wouldn't worry provided it's as you described.
                Thanks!

                Comment

                • #9
                  Doggboy
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Nov 2008
                  • 1094

                  Originally posted by lewdogg21
                  I'm sure somebody will cite the penal code/law but I thought it was a no no now. Regardless... if I were in your situation I wouldn't worry provided it's as you described.
                  Yep, you can lend your weapon to some one with you, but you can not give it to them so they can go without you. You should be fine, but I could see an over zealous ranger trying to make the case that you and your friend are too far apart, and you therefore violated the law.
                  Norman Thomas said this in a 1944 speech:
                  "The American people will never knowingly adopt socialism. But, under the name of "liberalism," they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened." He went on to say: "I no longer need to run as a Presidential Candidate for the Socialist Party. The Democratic Party has adopted our platform."

                  Comment

                  • #10
                    edgerly779
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • Aug 2009
                    • 19871

                    Never had a warden or ranger asked who owned what when doing a license check while hunting. Not once in almost 50 years.

                    Comment

                    • #11
                      RandyD
                      Calguns Addict
                      • Jan 2009
                      • 6673

                      Here is a link to the wiki.calgunsfoundation page on loaning a firearm.

                      sigpic

                      Comment

                      • #12
                        edgerly779
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Aug 2009
                        • 19871

                        ^^^ Nailed it. The foil hat guys can catch their breath now. (LOL)

                        Comment

                        • #13
                          -hanko
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Jul 2002
                          • 14174

                          Originally posted by Doggboy
                          Yep, you can lend your weapon to some one with you, but you can not give it to them so they can go without you. You should be fine, but I could see an over zealous ranger trying to make the case that you and your friend are too far apart, and you therefore violated the law.
                          The paranoia is strong here.

                          True wealth is time. Time to enjoy life.

                          Life's journey is not to arrive safely in a well preserved body, but rather to slide in sideways, totally worn out, shouting "holy schit...what a ride"!!

                          Heaven goes by favor. If it went by merit, you would stay out and your dog would go in. Mark Twain

                          A man's soul can be judged by the way he treats his dog. Charles Doran

                          Comment

                          • #14
                            caliguy93
                            Senior Member
                            • Jun 2016
                            • 1512

                            Originally posted by RandyD
                            Here is a link to the wiki.calgunsfoundation page on loaning a firearm.

                            http://wiki.calgunsfoundation.org/in...Loan_a_Firearm


                            That wiki page is outdated.. law changed as of 2017

                            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).
                            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.
                            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.
                            Last edited by caliguy93; 07-26-2018, 4:47 PM.

                            Comment

                            • #15
                              code_blue
                              Veteran Member
                              • Sep 2012
                              • 3452

                              Caliguy is correct.




                              The biggest issue is how you interpret "at all times":

                              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.


                              One way, you're fine and the other your need to essentially perform a PPT to your friend via an FFL.
                              Classifieds:

                              Radian & Aero Pistol lowers, Folsom

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