Difference between revisions of "Lend or Loan a Firearm"

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(Use an FFL for transfers)
(30 days or less)
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== 30 days or less ==
 
== 30 days or less ==
 
[http://law.onecle.com/california/penal/27880.html 27880.]   
 
[http://law.onecle.com/california/penal/27880.html 27880.]   
  Section 27545 does not apply to the loan of a firearm between persons who are
+
  Section 27545 does not apply to the loan of a firearm between persons
  personally known to each other, if all of the following requirements are
+
who are  personally known to each other, if all of the following
  satisfied:
+
  requirements are satisfied:
 
  (a) The loan is infrequent, as defined in Section 16730.
 
  (a) The loan is infrequent, as defined in Section 16730.
 
  (b) The loan is for any lawful purpose.
 
  (b) The loan is for any lawful purpose.

Revision as of 09:23, 28 January 2015

Lend or loan a firearm

California law generally requires transfers to use the DROS or Intrafamilial Transfer process; California considers long-term loans to be transfers.

In general, a loan of less than 30 days does not need to use an FFL and the full transfer process.

A loan of up to three days is permitted if the owner and borrower stay in each other's presence.

Lending a firearm to a minor, including a handgun, is legal under certain circumstances.

Lending a firearm to a licensed hunter is legal.

It is legal for Target ranges to lend guns when those guns stay at the range.

Use an FFL for transfers

Penal Code Section 27545 is the requirement for unlicensed individuals to use an FFL to mediate firearms transfers; the following sections of Penal Code are explicit exemptions to that requirement.

30 days or less

27880.

Section 27545 does not apply to the loan of a firearm between persons
who are  personally known to each other, if all of the following
requirements are satisfied:
(a) The loan is infrequent, as defined in Section 16730.
(b) The loan is for any lawful purpose.
(c) The loan does not exceed 30 days in duration.
(d) If the firearm is a handgun, the individual being loaned the handgun
shall have a valid handgun safety certificate.

3 days or less

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. 

Minors

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. 

Hunters

27950.

Section 27545 does not apply to the loan of a firearm, other than a handgun,
to a licensed hunter for use by that hunter for a period of time not to
exceed the duration of the hunting season for which the firearm is to be
used. 

Target Ranges

A different section prohibits dealers from transferring guns to unlicensed persons; there is an exception for certain loans that stay at the premises of the dealer. Penal Code 27540

27735.

Section 27540 does not apply to the loan of an unloaded firearm by a dealer
who also operates a target facility that holds a business or regulatory
license on the premises of the building designated in the license or whose
building designated in the license is on the premises of any club or
organization organized for the purposes of practicing shooting at targets
upon established ranges, whether public or private, to a person at that
target facility or that club or organization, if the firearm is at all times
kept within the premises of the target range or on the premises of the club
or organization.