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In-family storage/transfer question

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  • 16in50calNavalRifle
    Senior Member
    • May 2009
    • 544

    In-family storage/transfer question

    I've scoured this forum, tried to read up on relevant law via links found here, but want to confirm my understanding of transfer/storage law as it pertains to my situation. I realize not every detail may matter but I'll include all the basics.

    Mr brother is having his house substantially rebuilt, will move out for at least 6 months. To my surprise, while visiting him yesterday, he asked whether I had trigger locks (I didn't know he had any firearms). Of course I answered I have a box full of unused such locks. Then he asked whether I could just take/store the guns for the duration of his temporary move.

    He hasn't fired either one in many years. One was purchased back in the early 1970s (not sure by whom, though I remember shooting it as a kid), the other purchased in 1982.

    So the bottom line:

    1) Am I limited to storing/keeping these firearms for only 30 consecutive days?

    2) If I take either of these guns to the range to shoot, does that change or affect anything regarding legal limits on my storage of same?

    Irrelevant I guess, but what an amazing state of affairs. Storing a few guns for your brother requiring legal research ..... unbelievable. In any case, all help from fellow "jailhouse lawyers by virtue of being a normal citizen living in CA" welcome and appreciated .....
    Last edited by 16in50calNavalRifle; 08-04-2014, 11:26 PM. Reason: typo
  • #2
    fiddletown
    Veteran Member
    • Jun 2007
    • 4928

    Originally posted by 16in50calNavalRifle
    ....So the bottom line:

    1) Am I limited to storing/keeping these firearms for only 30 consecutive days?

    2) If I take either of these guns to the range to shoot, does that change or affect anything regarding legal limits on my storage of same?

    Irrelevant I guess, but what an amazing state of affairs. Storing a few guns for your brother requiring legal research ..... unbelievable....
    Giving someone your gun to store for you will be considered a transfer. That's just what "transfer" means.

    1. Possession means:
      1 a : the act of having or taking into control...

    2. Some definitions of "transfer" (emphasis added):



    3. If you give possession of your gun for storage to someone who is a resident of the same State as you, it's an intrastate transfer and subject to applicable state law.

      1. In California, with very few exceptions, a transfer of a gun from one resident to another requires certain formalities (e. g., use of an FFL, DROS, 4473, etc.)

      2. One exception is a loan to someone you know for less than thirty days.


    4. So is there no way for someone to store his gun?

      1. One possibility if someone wants to store his gun, would be to arrange matters in a way that gives no one access to it.

      2. Therefore, he might rent a storage locker or safe deposit box to which he alone has a key. Or if he stores a gun with a person, he might keep his gun in locked cases, a locked cabinet or locked safe to which he alone keeps the key or combination.


    So if you're going to store guns for someone, the best idea would be to lock them up in a way that denies you access to them. Therefore, you won't be able to shoot them.

    Originally posted by 16in50calNavalRifle
    ...In any case, all help from fellow "jailhouse lawyers by virtue of being a normal citizen living in CA" welcome and appreciated .....
    I'm not a jailhouse lawyer. I'm a real lawyer, but I'm not your lawyer. I'm not giving you legal advice. I'm just offering commentary on a topic of legal interest.
    "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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    • #3
      16in50calNavalRifle
      Senior Member
      • May 2009
      • 544

      Fiddletown, thanks very much for your excellent reply.

      My "jailhouse lawyer" remark was (a failed?) attempt at dark humor - that CA's ridiculous gun laws make the most mundane and unexceptional actions something for careful navigation of the law, none of it contributing a bit to public safety or any other public purpose.

      Enjoyed your posts at THR when I have seen them in the Legal section. So thanks again, and thanks to Librarian and others here who do not provide legal advice, but give the diligent gun owner much of the tools and info to navigate his own way through the minefield of harrassment planted by our legislators and ultimately our fellow citizens ....

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