My friend and I have infrequently loaned each other our pistols when we go desert camping/shooting. Does anyone know if there are any legal issues in this regard? Further, I've known him for 40+ years as we grew up together. He and I both would likely wish for each other to have our guns, when or if either of us happen to predecease the other.
I assume that at that time, a legal transfer through an ffl dealer would be required, as with all private party transfers. However, what would happen if one of us dies while the other has the "loaned" pistols? Over what period of time would a loan of pistols actually be possession or ownership?
From the CA 2006 firearms laws handbook:
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm
in the following instances:
• Infrequent loans of firearms between persons who are personally known to each
other for any lawful purpose, if the loan does not exceed 30 days in duration. (Penal
Code § 12078(d).)
• Loans of a firearm for the purpose of shooting at targets on the premises of a target
facility if the firearm is kept within the premises of the target facility at all times.
(Penal Code § 12078(h).)
• Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
prop for motion picture, television or other entertainment event. (Penal Code
• Loans of a long gun to a licensed hunter for a period of time not to exceed the
hunting season for which the firearm is being used. (Penal Code § 12078(q).)
• Loans to minors by a parent, legal guardian, or grandparent:
-Long guns may be loaned for an indefinite period.
-Handguns may be loaned for the purpose of engaging in a lawful activity, and
the loan does not exceed the period of time necessary to participate in the
• Loans to minors by other than a parent or legal guardian:
-Long guns may be loaned with the express permission of a parent or legal
guardian if the loan does not exceed 30 days.
- Handguns may be loaned with the express permission of a parent or legal
guardian for not more than 10 days. (Penal Code § 12078(p).)
The lendee in the 'infrequent loan' situation must also have an HSC (Handgun Safety Certificate) card.
San Jose CA