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Old April 8, 2009, 09:37 AM   #6
NavyLT
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
18 USC 922 (a)(5) allows you to loan a firearm TO an out of state resident:
Quote:
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Here's my take on both (a)(3) and (a)(5):

You (a NV resident) can loan a gun to a CA resident, physically present in NV, and the CA resident can travel around with that gun in his possession, without you being there with it in NV. If he takes that gun to CA, with your firearm, without you there with it, he violates (a)(3).

You (a NV resident) according to Federal law, but I do not know if CA law prohibits it (I will find out in a minute), can loan a firearms to a CA resident, physically present in CA, so long as you remain with that firearm. But if the CA resident leaves with that firearm, that is when he "acquires" your firearm and violates (a)(3). But, at a range, as long as you remain with your firearm, he can shoot it, he hasn't "acquired" your firearm because you are still there.

From CA Department of Justice:
Quote:
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan,
or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)

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 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).)
Now, the above CA statutes still do not nullify the Federal law. If he "acquires" that gun from you a NV resident, in California, by walking around with your gun while you are not there, the Federal law is broken.

Last edited by NavyLT; April 8, 2009 at 09:44 AM.
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