Long term handgun storage for friend

[Murmur]

A good friend of mine is moving out of state for 6-12 months to help take care of a parent with terminal cancer. He is estimating he will be back in a year or less.

I agreed to let him store his XD9 and a PSA stripped lower in my safe for that period of time. He is not loaning me the guns. I know that handgun loans of up to 30 days are permitted provided the recipient has a valid HSC, which I do. However, this will be for longer than 30 days and I don't view it as a loan since it will only be for safekeeping. I won't shoot the weapons or take them to the range.

Is this safekeeping arrangement something I am allowed to do? I know more than likely I could keep them and there would be no issue. Just concerned about the very slim chance that my gun safe gets broken into and I will be forced to report stolen guns I wasn't supposed to have (if this type of storage isn't allowed).

Any insight you guys can provide would be appreciated. Thanks,

[dantodd]

A good friend of mine is moving out of state for 6-12 months to help take care of a parent with terminal cancer. He is estimating he will be back in a year or less.

I agreed to let him store his XD9 and a PSA stripped lower in my safe for that period of time. He is not loaning me the guns. I know that handgun loans of up to 30 days are permitted provided the recipient has a valid HSC, which I do. However, this will be for longer than 30 days and I don't view it as a loan since it will only be for safekeeping. I won't shoot the weapons or take them to the range.

Is this safekeeping arrangement something I am allowed to do? I know more than likely I could keep them and there would be no issue. Just concerned about the very slim chance that my gun safe gets broken into and I will be forced to report stolen guns I wasn't supposed to have (if this type of storage isn't allowed).

Any insight you guys can provide would be appreciated. Thanks,

There is little chance of you being in trouble but it is a technical violation. The general opinion is (or has been, I don't think it's changed) that if he puts the two pieces in a handgun lockbox and doesn't give you a key it is a storage agreement and not a loan since you have no access to the firearms. Writing a storage agreement is also a good idea.

[Murmur]

There is little chance of you being in trouble but it is a technical violation. The general opinion is (or has been, I don't think it's changed) that if he puts the two pieces in a handgun lockbox and doesn't give you a key it is a storage agreement and not a loan since you have no access to the firearms. Writing a storage agreement is also a good idea.

Thanks those are both good ideas. I will do them both.

[jakep]

Why doesn't he take the XD9 with him?

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[Curtis]

If you ask CA-DOJ they will tell you that you need to DROS the guns into your name. Then DROS them back when your friend returns.

This arrangement won't be a problem...unless there is a problem.

If you are worried, I would suggest that you do the DROS or have your friend set up an NFA trust. You can be added to the trust and then removed when he gets back.

Best of luck to your friend.

[taperxz]

If you ask CA-DOJ they will tell you that you need to DROS the guns into your name. Then DROS them back when your friend returns.

This arrangement won't be a problem...unless there is a problem.

If you are worried, I would suggest that you do the DROS or have your friend set up an NFA trust. You can be added to the trust and then removed when he gets back.

Best of luck to your friend.

This is a really bad idea i would also like to see where you got your information too. If a DROS occurs there is no legal method to get those firearms back if the receiver of guns decides he doesn't want to return them. (for whatever unscrupulous reason)

A simple statement of facts and storage agreement is all thats needed and to make things cleaner, a separate locked storage container for them.

A loan is a loan and a storage agreement is a storage agreement. If the person storing the firearm breaks the agreement and uses the firearms then thats between the two parties.

Likewise, if during the storage period, the person person storing the firearms gets permission to use a firearm, it would simply trigger a 30 borrow.

Simply drawing up a storage agreement would help the owner IF something were to go wrong during the storage period. This is all a simple CYA.

[ipodwalker]

storage

I am not an expert but could not your friend just send you a note authorizing you the loan every 25 days. A pain but is it legal or can he email you every 25 days

[taperxz]

I am not an expert but could not your friend just send you a note authorizing you the loan every 25 days. A pain but is it legal or can he email you every 25 days

Generally, No. Why multiple letters when a one time storage agreement would suffice?

[e90bmw]

An agreement stipulating the storage. Also some consideration (payment) for the storage would be good.

[Quiet]

Technically...

Taking possession for more than 30 days requires the firearm(s) to be transferred (4473/DROS/10 day wait) through a CA FFL dealer.

Not using one, would be viewed as an illegal transfer by CA DOJ. [PC 27545]

[taperxz]

Technically...

Taking possession for more than 30 days requires the firearm(s) to be transferred (4473/DROS/10 day wait) through a CA FFL dealer.

Not using one, would be viewed as an illegal transfer by CA DOJ. [PC 27545]

Storage is not possession. I have things "in storage" with an agreement. That does not mean the facility has possession of them. In fact in order for the facility to take legal possession notices must be sent out in order to perform a legal auction of the items due to default of storage agreement.

[Quiet]

May not hold weight with CA DOJ, but...

In the past, BATFE considers storage as unloaded firearm in a locked container/safe with the owner being the only person that has possession of the the locked container's key/combo.

So...
1. Owner puts the unloaded firearms in a locked container.
2. Owner keeps the key/combo for the locked container.
3. Owner hands over possession of the locked container to the person storing it.
4. Person storing it, secures it in a safe place.

[taperxz]

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

In the OP's case this is NOT a Sale, Loan or transfer.

[Quiet]

Storage is not possession. I have things "in storage" with an agreement. That does not mean the facility has possession of them. In fact in order for the facility to take legal possession notices must be sent out in order to perform a legal auction of the items due to default of storage agreement.

Under CA laws, in regards to firearms, changing possession is a form of transfer. Which is regulated by PC 27545.

[taperxz]

Under CA laws, in regards to firearms, changing possession is a form of transfer. Which is regulated by PC 27545.

Someone providing storage is not taking possession. If one were to store a handgun in a safe deposit box, is the bank taking possession? I think not. They are only providing storage of valuables for safe keeping.