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  • golfish
    I need a LIFE!!
    • Mar 2013
    • 10006

    Loaning a gun

    Hey fellas, my nephew in Utah asked me to loan him a long gun for a week or two.

    Is this okay to do?

    Thanks fellas
    It takes a lot of balls to play golf the way I do.
    Happiness is a warm gun.

    MLC, First 3
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30239

    Originally posted by golfish
    Loaning a gun

    Hey fellas, my nephew in Utah asked me to loan him a long gun for a week or two.

    Is this okay to do?

    Thanks fellas
    Under Federal laws...

    The transfer of firearms between residents of different States is illegal without the use of a FFL. [18 USC 922(a)(3),(5)]

    An exemption to this is granted for a resident to loan a firearm for sporting purposes to a non-resident, as long as the firearm remains in the lender's State. [18 USC 922(a)(5)(B)]

    There is no familial exemption to the Federal laws.

    Failure to utilize a FFL equates to a Federal felony for the transferor and transferee. [18 USC 924(a)(1)(D)]


    Under CA laws...

    The loan of a firearm must be done through a CA FFL dealer. [PC 27535]

    A CA FFL dealer can not transfer a firearm to a non-FFL non-resident of CA.

    The exemption for loans between immediate family members does not apply to an uncle - nephew and nephew - uncle relationships. [PC 27880(a)]

    There is an exemption to loan a long gun to a person with a valid CA Hunting license for the duration of the hunting season the firearm is going to be used for. [PC 27950]

    There is an exemption to the loan of a firearm as long as the lender is physically present for the duration of the loan, which cannot last for more than three days. [PC 27885]

    There is an exemption to the loan of a firearm as long as the firearm never leaves the property of the lender. [PC 27881]


    Therefore, in order to be legal under Federal and CA laws...

    If your UT nephew is in UT and wants to be lent a firearm, then the firearm must be transferred (4473/NICS/etc) to him through a UT FFL dealer.
    After your UT nephew is done using the firearm, the firearm be must be transferred back to you through a CA FFL dealer (4473/DROS/10 day wait/1 in 30 day wait).

    If your UT nephew is in UT and want to be lent a firearm for lawful sporting purposes, then you travel to UT and lend him the firearm while you are in UT. The firearm must be returned to you, before you leave UT.

    If your UT nephew is in CA and wants to be lent a firearm for hunting, then all of the following is required:
    1. The firearm must be a long gun and it can only be possessed/used during a hunting season that firearm is intended to be used in.
    2. Your nephew must have a valid CA hunting license.

    If your UT nephew is in CA and wants to be lent a firearm for non-hunting reasons, then:
    Option A.
    1. You are physically with him for the entire duration of the loan, which cannot be more than 3 days.
    Option B.
    1. The firearm never leaves your property.
    Last edited by Quiet; 01-15-2024, 6:22 PM.
    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

    • #3
      golfish
      I need a LIFE!!
      • Mar 2013
      • 10006

      IOMG, what a cluster****....

      I'm glad I have a bunch of unregistered guns.

      Unfortunately the gun/s in question are registered...

      Hey Q, thanks for the info. I don't thank you enough for your posts..
      Last edited by golfish; 01-15-2024, 8:40 PM.
      It takes a lot of balls to play golf the way I do.
      Happiness is a warm gun.

      MLC, First 3

      Comment

      • #4
        phdo
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2010
        • 3870

        Originally posted by Quiet
        Under Federal laws...

        The transfer of firearms between residents of different States is illegal without the use of a FFL. [18 USC 922(a)(3),(5)]

        An exemption to this is granted for a resident to loan a firearm for sporting purposes to a non-resident, as long as the firearm remains in the lender's State. [18 USC 922(a)(5)(B)]

        There is no familial exemption to the Federal laws.

        Failure to utilize a FFL equates to a Federal felony for the transferor and transferee. [18 USC 924(a)(1)(D)]


        Under CA laws...

        The loan of a firearm must be done through a CA FFL dealer. [PC 27535]

        A CA FFL dealer can not transfer a firearm to a non-FFL non-resident of CA.

        The exemption for loans between immediate family members does not apply to an uncle - nephew and nephew - uncle relationships. [PC 27880(a)]

        There is an exemption to loan a long gun to a person with a valid CA Hunting license for the duration of the hunting season the firearm is going to be used for. [PC 27950]

        There is an exemption to the loan of a firearm as long as the lender is physically present for the duration of the loan, which cannot last for more than three days. [PC 27885]

        There is an exemption to the loan of a firearm as long as the firearm never leaves the property of the lender. [PC 27881]


        Therefore, in order to be legal under Federal and CA laws...

        If your UT nephew is in UT and wants to be lent a firearm, then the firearm must be transferred (4473/NICS/etc) to him through a UT FFL dealer.
        After your UT nephew is done using the firearm, the firearm be must be transferred back to you through a CA FFL dealer (4473/DROS/10 day wait/1 in 30 day wait).

        If your UT nephew is in UT and want to be lent a firearm for lawful sporting purposes, then you travel to UT and lend him the firearm while you are in UT. The firearm must be returned to you, before you leave UT.

        If your UT nephew is in CA and wants to be lent a firearm for hunting, then all of the following is required:
        1. The firearm must be a long gun and it can only be possessed/used during a hunting season that firearm is intended to be used in.
        2. Your nephew must have a valid CA hunting license.

        If your UT nephew is in CA and wants to be lent a firearm for non-hunting reasons, then:
        Option A.
        1. You are physically with him for the entire duration of the loan, which cannot be more than 3 days.
        Option B.
        1. The firearm never leaves your property.

        Can I lend to my granddad/dad/son (Californians) without an FFL?

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30239

          Originally posted by phdo
          Can I lend to my granddad/dad/son (Californians) without an FFL?
          CA laws regarding loaning firearms were amended several times in the last decade.

          Since 01-01-2022...

          For CA residents, in order for the loan of a firearm to a family member to be exempt from needing to be done through a CA FFL dealer all the following is required: [PC 27880]
          1. The lendee is this type of relationship to the lender: spouse, registered domestic partner, sibling, parent, grandparent, grandchild, or child and includes step variations of these relationships. [PC 27880(a)]
          2. The loan is infrequent, meaning less than six times per calendar year and no more than 50 firearms within a calendar year. [PC 27880(b) and 16730]
          3. The loan is for lawful purposes, which will also means the lendee needs to be a non-prohibited person. [PC 27880(c)]
          4. The loan is for 30 or less days. [PC 27880(d)]
          5. The lendee has a valid FSC or exemption to the FSC. [PC 27880(e), 31615, and 31700]
          6. If the firearm is a handgun, then it is required to be registered to the lender. [PC 27880(f)]
          ^The firearm cannot be a RAW. [PC 30600 and 30660]
          Last edited by Quiet; 01-18-2024, 12:25 AM.
          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

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