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April 6, 2009, 06:15 PM | #1 |
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Loaning a gun to a CA resident.
As a Nevada resident, can I loan a handgun (non-AW, ten round limit) to a friend who is a resident of CA? (Assume he is not otherwise prohibited from possessing a firearm)
Last edited by maestro pistolero; April 6, 2009 at 06:47 PM. |
April 7, 2009, 03:32 AM | #2 |
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Join Date: June 18, 2004
Location: Minden , Nebraska
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not sure about the law but loaning guns is a bad idea in my opinion
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April 7, 2009, 04:36 PM | #3 | |
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You can, so long as he does not take that gun back into California with him:
18 USC 922(a)(3): Quote:
BTW, a CA resident can possess all those California prohibited items outside the state of California. Last edited by NavyLT; April 7, 2009 at 04:43 PM. |
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April 7, 2009, 08:36 PM | #4 |
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Boiling down the legal mumbo jumbo
The section of law Navy LT quoted covers purchase of (acquiring) a gun ouside the state you live in. Fed Law. Can buy long guns from FFL in another state, and take them home. Cannot do that with handguns.
This is the reason you need to have an out of state handgun shipped to an in state FFL, and "acquire" it from them. What you are talking about is loaning someone from CA a gun while he, and you, and the gun are in Nevada, right? If thats the case, Nevada law is what applies. Example: Your buddy from CA visits you in NV and you want to go quail hunting. He gets required non-resident hunting license, but needs a gun. You want to loan him a 20ga so he can go hunting with you. Is this ok? It is, if Nevada law says it is. Whatever the Nevada law is covering loaning a firearm is, thats what you both have to comply with. Reverse situation: You are visiting him in CA. You both have to follow all CA laws regarding firearms. And I believe, CA law requires a waiting period, check, etc., even for the loan of a firearm. (CA residents, please chime in, is this the case?)
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April 8, 2009, 01:41 AM | #5 | |
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Quote:
Anyone got more info? I was actually thinking of loaning it to him to take to CA. That seems out of the question now, unless i am missing something. |
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April 8, 2009, 09:37 AM | #6 | ||
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18 USC 922 (a)(5) allows you to loan a firearm TO an out of state resident:
Quote:
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:
Last edited by NavyLT; April 8, 2009 at 09:44 AM. |
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April 8, 2009, 11:26 AM | #7 | |
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Quote:
He is obviously personally known to me. |
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April 8, 2009, 11:49 AM | #8 |
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Location: Florida
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I wouldn't loan a gun to my best friend.
Suppose it gets stolen? Lost? Sorry, but my guns stay with me. |
April 8, 2009, 12:05 PM | #9 | |
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Quote:
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April 8, 2009, 01:49 PM | #10 | |
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Quote:
The only thing that appears to be illegal is for him to walk around in possession of your gun, without you being present at the time, in his state of residence. |
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April 9, 2009, 12:01 AM | #11 | |
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Quote:
I had known the guy over 20 years, and he still did me dirt. I no longer even consider loaning a gun to anyone, (except my children, and they have their own) or my wife.
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April 9, 2009, 01:31 AM | #12 |
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Thanks again, but I'm interested in the legality of the matter.
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April 9, 2009, 09:05 PM | #13 |
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Well, it appears that as long as you are together...
He can carry and use one of your guns. Based on what has been posted, that doesn't break any laws. Him getting a gun from you, and going somewhere else with it, apparently does.
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All else being equal (and it almost never is) bigger bullets tend to work better. |
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