Firearm age Laws, in regards to renting.

[Elite Armory]

Hello guys we have a range location that rented firearms and we wanted some clarification on laws in regards to range rentals. We understand that recently the laws in regards to age of purchase have changed, however we wanted to know the legality of range rental use for someone 21 or under. The law states that we cannot legally put a firearm in the possession of of someone 21 or under. What would the legality of someone over the age of 21 renting a firearm and then allowing someone under 21 to shoot it be? Would that still constitute us putting a firearm in that individual's possession or not?

[Yodaman]

Firearm age Laws, in regards to renting.

Disregard

[Quiet]

Hello guys we have a range location that rented firearms and we wanted some clarification on laws in regards to range rentals. We understand that recently the laws in regards to age of purchase have changed, however we wanted to know the legality of range rental use for someone 21 or under. The law states that we cannot legally put a firearm in the possession of of someone 21 or under. What would the legality of someone over the age of 21 renting a firearm and then allowing someone under 21 to shoot it be? Would that still constitute us putting a firearm in that individual's possession or not?

Range can't rent/loan a firearm to a person under the age of 21. [PC 27510(a)]

A person age 18 or older can loan a firearm to a person age 18 or older, as long as the person is present for the entire duration of the loan and the loan is for lawful purposes (shooting at a range). [PC 27885]

For a loan to a minor (person under the age of 18), the minor's parent/legal guardian needs to be present or needs to provide their written consent for them to possess/use firearms/ammunition. [PC 27945]

Since there are no CA laws/regulations that prohibits a non-prohibited person from renting a firearm at a range and then allowing (loan) a non-prohibited person age 18-20 to use it or a minor with written consent from their parent/guardian to use it; it would be up the range to develop policy on if they will allow such activity to occur or not.

However...
If the original intent was for the person under the age of 21 to use the firearm, then it could be argued that the range gave control of the firearm to a person under the age of 21. (person renting is acting as a proxy/agent for the under age person)

Which is why the range and their lawyers should develop policy & procedure to address this type of situation.



Penal Code 27510
(a) A person licensed under Sections 26700 to 26915, inclusive, shall not sell, supply, deliver, or give possession or control of a firearm to any person under 21 years of age.
(b)(1) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to a person 18 years of age or older who possesses a valid, unexpired hunting license issued by the Department of Fish and Wildlife.
(2) Subdivision (a) does not apply to or affect the sale, supplying, delivery, or giving possession or control of a firearm that is not a handgun to any of the following persons who are 18 years of age or older:
(A) An active peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is authorized to carry a firearm in the course and scope of his or her employment.
(B) An active federal officer or law enforcement agent who is authorized to carry a firearm in the course and scope of his or her employment.
(C) A reserve peace officer, as defined in Section 832.6, who is authorized to carry a firearm in the course and scope of his or her employment as a reserve peace officer.
(D) A person who provides proper identification of his or her active membership in the United States Armed Forces, the National Guard, the Air National Guard, or active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an active member.
(E) A person who provides proper identification that he or she is an honorably discharged member of the United States Armed Forces, the National Guard, the Air National Guard, or the active reserve components of the United States. For purposes of this subparagraph, proper identification includes an Armed Forces Identification Card or other written documentation certifying that the individual is an honorably discharged member.

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 27945
Section 27545 does not apply to or affect the following circumstances:
(a) The transfer or loan of a firearm, other than a handgun, to a minor by the minor’s parent or legal guardian.
(b) The transfer or loan of a firearm, other than a handgun, to a minor by a grandparent who is not the legal guardian of the minor, if the transfer is done with the express permission of the minor’s parent or legal guardian.
(c) The loan of a firearm, other than a handgun, to a minor, with the express permission of the minor’s parent or legal guardian, if the loan does not exceed 30 days in duration and is for a lawful purpose.
(d) The loan of a handgun to a minor by the minor’s parent or legal guardian, if both of the following requirements are satisfied:
(1) The minor is being loaned the firearm for the purposes of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(2) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(e) The loan of a handgun to a minor by a person who is not the minor’s parent or legal guardian, if all of the following requirements are satisfied:
(1) The minor is accompanied by the minor’s parent or legal guardian when the loan is made, or the minor has the written consent of the minor’s parent or legal guardian, which is presented at the time of the loan, or earlier.
(2) The minor is being loaned the firearm for the purpose of engaging in a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(3) The duration of the loan does not exceed the amount of time that is reasonably necessary to engage in the lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(4) The duration of the loan does not, in any event, exceed 10 days.