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gunswapTwice in the last couple of days I have been asked about borrowing a gun from someone else, or having someone else’s gun put on a CCW.  It is possible to do but can’t be done without a little bit of paperwork, and you guessed it, money.

I’ll try to break down the laws for you as best as I can regarding the legal possession of a firearm that doesn’t belong to you.  Keep in mind however, I am not an attorney and this shouldn’t be viewed as legal advice.  Anyone considering this information should do so with due caution and is encouraged to use this as a guide only.

In California there are essentially three common ways a person may borrow a firearm from the actual owner of the firearm.

Penal Code Section 27545 states that:

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 (commencing with Section 28050).

However, there are some exceptions to the rule.  Below I have covered the most common types of a loan.

Section 27880 (Owner not present) AMMEDED AFTER GOVERNOR BROWN SIGNES AB 1511

SECTION 1.

 Section 27880 of the Penal Code is amended to read:

27880.
 Section 27545 (above) does not apply to the loan of a firearm if ALL of the following requirements are satisfied:
(a) The loan is to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation:
(1) Parent.
(2) Child.
(3) Sibling.
(4) Grandparent.
(5) Grandchild.
(b) The loan is infrequent, as defined in Section 16730.
       
              16730.  

            (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means:

            (1) For handguns, less than six transactions per calendar year.

            (2) For firearms other than handguns, occasional and without regularity.

(c) The loan is for any lawful purpose.
(d) The loan does not exceed 30 days in duration.
(e) Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used.
(f) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.

Section 27885 (Owner present).

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.

Section 27505.


(a) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age.

(b) Subdivision (a) shall not apply to or affect the following circumstances:

(1) The sale of a handgun, if the handgun is an antique firearm and the sale is to a person at least 18 years of age.

(2) The transfer or loan of a firearm, other than a handgun, to a minor by the minor's parent or legal guardian.

(3) 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.

(4) 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.

(5) The loan of a handgun to a minor by the minor's parent or legal guardian, if both of the following requirements are satisfied:

(A) 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.

(B) 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.

(6) 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:

(A) 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.

(B) 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.

(C) 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.

(D) The duration of the loan does not, in any event, exceed 10 days.


Section 27510.

No person licensed under Sections 26700 to 26915, inclusive, shall sell, supply, deliver, or give possession or control of a handgun to any person under the age of 21 years, or any other firearm to a person under the age of 18 years.

This is something to consider if you are planning on taking a CCW or other firearms course from me or any other instructor.  Although it is not my job to ask, and I won’t ask, if you are pulled over and have someone else’s gun in your vehicle with you, you should also have your valid Handgun Safety Certificate.   It is best to also have a letter authorizing you to have the borrowed gun dated and signed by the owner of the handgun.

I’d also like to dispel the myth that a father/mother, grandfather/grandmother, sister/brother can transfer a firearm to someone without going through the motions of properly transferring the firearm into the recipient’s name. 

Although it IS true that the transaction doesn’t have to take place at a dealer,  the proper paperwork must still be filed with the California Department of Justice.
a link to the paper can be found here.

Want to learn more about additional laws to help you stay out of trouble?  Take one of Countermeasures CCW courses and learn about the laws regarding concealed weapons and the legal use of force as they have probably never been explained to you before.

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