It is illegal to sell/transfer a gun, except in very limited circumstances, without going through a dealer for the sale/transfer (background check and waiting period).
A private sale is a sale between two person, who are not licensed firearms dealers (FFLs). Many years ago, it was legal for two people to sell a gun without any paperwork or the involvement of a dealer. In a misguided attempt to stop gang members and drug dealers from buying guns from street dealers, California criminalized private sales. Background checks have a high false positive rate for denied checks.
There is no way to purchase a firearm “off the books” in California. There is no such thing as “the gun show loophole” or “Internet loophole.” Unless someone wants to commit a crime, you cannot obtain a “paperless” gun in the state. You cannot have a firearm you buy from a private party off the Internet delivered to you except through a dealer. Buying a gun privately online means going to an online gun forum or classified type site (think Craigslist, but for guns) and arranging to purchase a gun from someone. This is in contrast to going to the gun store and picking a gun off the wall or from under the glass.
A friend can also sell or give you a gun. Arrangements to sell a gun between two people can be made almost any way anything else is sold. It’s the same way as finding a used car some one is selling, except that guns require a dealer transfer, and car sales don’t require you to go to the DMV to verify that your driver license is valid.
Private sales have the advantage that older guns, not available for sale in stores, can be purchased. Also, handguns that are not listed approved for sale in California (see the Roster of Unsafe Handguns) can be sold, often by peace officers or those with relatives out of state, who obtained the firearms off-roster through an exemption. Handguns that can’t be shipped from an online private sale as they are off-roster can be purchased from an in-state seller.
Private sales may be slightly cheaper, but not necessarily given the restricted supply and huge demand in California.
Because the sale is being processed by a FFL through DROS, the one-gun-a-month handgun rationing rule applies as does the 10-day waiting period. You must have a Firearms Safety Certificate. The cost is $41.19 ($10 to the dealer and $31.19 to the state), see 28055. Inter-state transfers may cost more.
There is no way to purchase a firearm “off the books” in California. There is no such thing as “the gun show loophole” or “Internet loophole.” Unless someone wants to commit a crime, you cannot obtain a “paperless” gun in the state. You cannot have a firearm you buy from a private party off the Internet delivered to you except through a dealer. Buying a gun privately online means going to an online gun forum or classified type site (think Craigslist, but for guns) and arranging to purchase a gun from someone. This is in contrast to going to the gun store and picking a gun off the wall or from under the glass.
A friend can also sell or give you a gun. Arrangements to sell a gun between two people can be made almost any way anything else is sold. It’s the same way as finding a used car some one is selling, except that guns require a dealer transfer, and car sales don’t require you to go to the DMV to verify that your driver license is valid.
Private sales have the advantage that older guns, not available for sale in stores, can be purchased. Also, handguns that are not listed approved for sale in California (see the Roster of Unsafe Handguns) can be sold, often by peace officers or those with relatives out of state, who obtained the firearms off-roster through an exemption. Handguns that can’t be shipped from an online private sale as they are off-roster can be purchased from an in-state seller.
Private sales may be slightly cheaper, but not necessarily given the restricted supply and huge demand in California.
Because the sale is being processed by a FFL through DROS, the one-gun-a-month handgun rationing rule applies as does the 10-day waiting period. You must have a Firearms Safety Certificate. The cost is $41.19 ($10 to the dealer and $31.19 to the state), see 28055. Inter-state transfers may cost more.
Body armor banned? 30-day waiting period? No more guns lost in boating accidents law? Private party sales banned? Follow this link to read more about “Gunmageddon” 2023.
The portion inside the gun store is conducted the same as if it were a retail sale. See the Buying Guns section for details on how that works.
Procedure For a Private Party Firearms Transaction
28050. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915 [FFL], inclusive, in accordance with this chapter in order to comply with Section 27545.
(b) The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540 [waiting period and other requirements].
(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the [10-day waiting period], return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.
As a Private Seller
Do I need a license to sell or transfer a firearm?
Not as an individual unless you plan to go into business as a firearms dealer. All private sales and transfers, with limited exceptions, are required to go through Federal Firearms Licensees (FFLs). Section 26500 applies to them and is intended to prevent random people from making a profit selling guns without being properly licensed. This is also a federal crime and is known by the ATF as “being engaged in the business.” This is what the ATF says:
Not as an individual unless you plan to go into business as a firearms dealer. All private sales and transfers, with limited exceptions, are required to go through Federal Firearms Licensees (FFLs). Section 26500 applies to them and is intended to prevent random people from making a profit selling guns without being properly licensed. This is also a federal crime and is known by the ATF as “being engaged in the business.” This is what the ATF says:
As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed.
In other states that allow private sales, this is sometimes problematic for people who privately sell large volumes of guns, so we will not go into detail here. See 18 USC § 922(a)(1)(A).
Sales without a background check are illegal. If you do this, you run the risk of potentially selling to a criminal, undercover cop, or potential killer. If the gun is traced to you and the other person acquired it without a background check, you will very likely be criminally charged.
|
Dealer transfer required
|
Conspiracy to avoid dealer transfer
|
27545. 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). Do both the seller and buyer have to be present at the time of the private sale/transfer?
Typically yes, but contact your FFL for details. |
27520. No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following: |
Do both of us have to be California residents?
Yes, otherwise the process would be the same as if the gun were shipped to your FFL instead of carried in.
How often can I sell guns?
"'Infrequent' means less than six transactions per calendar year or selling, leasing, or transferring no more than 50 total firearms per calendar year." (16730)
Do I need a license to sell or transfer a firearm?
Not as long as the sale goes through an FFL. If you plan to go into business as a firearms dealer you need a Federal Firearms License (FFL). Section 26500 applies to them and is intended to prevent random people from making a profit selling guns without being properly licensed. This is also a federal crime and is known by the ATF as “being engaged in the business.” In other states that allow private sales, this is sometimes problematic for people who privately sell large volumes of guns, so we will not go into detail here. See 18 USC § 922(a)(1)(A).
Why can’t I sell a whole bunch of guns and make money?
The idea is if you are regularly selling a bunch of guns and making a profit, you are in the business of being a dealer and need to get the appropriate licenses and pay the appropriate taxes.
How do I sell my gun?
There are many online forums and websites dedicated to listing private gun sales. Dealers can also consign firearms for you and some will purchase them from you, however, most dealers will not buyback guns or accept returns in cases of buyer’s remorse.
Yes, otherwise the process would be the same as if the gun were shipped to your FFL instead of carried in.
How often can I sell guns?
"'Infrequent' means less than six transactions per calendar year or selling, leasing, or transferring no more than 50 total firearms per calendar year." (16730)
Do I need a license to sell or transfer a firearm?
Not as long as the sale goes through an FFL. If you plan to go into business as a firearms dealer you need a Federal Firearms License (FFL). Section 26500 applies to them and is intended to prevent random people from making a profit selling guns without being properly licensed. This is also a federal crime and is known by the ATF as “being engaged in the business.” In other states that allow private sales, this is sometimes problematic for people who privately sell large volumes of guns, so we will not go into detail here. See 18 USC § 922(a)(1)(A).
Why can’t I sell a whole bunch of guns and make money?
The idea is if you are regularly selling a bunch of guns and making a profit, you are in the business of being a dealer and need to get the appropriate licenses and pay the appropriate taxes.
How do I sell my gun?
There are many online forums and websites dedicated to listing private gun sales. Dealers can also consign firearms for you and some will purchase them from you, however, most dealers will not buyback guns or accept returns in cases of buyer’s remorse.
Exceptions to the Dealer Transfer Requirement
Intra-Familial Firearm Transfer
California no longer allows “paperless” transfer of firearms between close relatives. Firearms can be transferred between some family members in narrow circumstances. The person receiving the gun must not be a prohibited person. The DOJ must be notified via this form (and pay $19).
California no longer allows “paperless” transfer of firearms between close relatives. Firearms can be transferred between some family members in narrow circumstances. The person receiving the gun must not be a prohibited person. The DOJ must be notified via this form (and pay $19).
16720. As used in this part, “immediate family member” means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.
This does not include sibling, aunts/uncles, cousins, in-laws, or step-parents/step-children (see 7601 FAM).
A valid Firearm Safety Certificate (FSC) is required for the other person to obtain the firearm.
In-state family transfer
A valid Firearm Safety Certificate (FSC) is required for the other person to obtain the firearm.
In-state family transfer
27875. (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) [outdated, omitted] commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.
Note: off-the-books (paperless) transfers of long guns is no longer possible. The DOJ must be notified via this form (and pay $19).
Out-of-state family transfer
Out-of-state family transfer
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
Note: an inter-state transfer falls under federal regulation and requires transfer through an FFL. You do not need to file the Operation of Law/Intra-Familiar Transfer Form with DOJ; DROS satisfies that requirement. Because the gun is run through DROS, the one-gun-a-month rationing rule applies and so will the 10-day waiting period.
“Operation of law” defined
How do I get the gun from my state to my relative in California?
There are no exceptions for transfers/sales between relatives across state lines under federal law (this does not include inheritance bequests, but your relative better be dead).
Call the FFL in California who will be handling the transfer. Double check with them that they both understand and are comfortable with the procedure. They should be aware an interstate transfer requires going through an FFL.
If the dealer is knowledgeable and willing, ask about their transfer fee. Also be sure to ask if they will accept a shipment from you (an unlicensed person) or if you need to have an FFL in your state ship it to you. Some dealers do not accept firearms shipped by anyone other than another FFL due to things like loaded guns arriving.
It is recommended that a letter indicating the relationship, the nature of the gift, and the particulars of the firearm be included.
Can’t I just drive/fly the gun across state lines myself?
Not unless you want to potentially risk being punished for a federal crime. Remember, the ATF doesn’t play games.
How do I transfer a gun to my brother/cousin/uncle under this exemption?
You don’t. However, should you gift the firearm to your parent, they are equally free to choose to gift the firearm to your brother. Likewise, you could gift a weapon to your grandparent and they could choose to gift it to your cousin. Paperwork would be required with each step to keep the transfer legal.*
*Caveat: There is a risk that this may be considered a straw purchase, as the intent was to give the firearm to your other relative instead of doing transfer via a dealer as a private transfer. A court may determine that the parent only received the gun for the purpose of transferring it to the brother and thus was not the actual recipient.
On the surface, it looks like Son gave the gun to Dad, Dad didn't want the gun, so he gave it to Brother. Courts may well determine that the actual intent was for Son to give the gun to Brother, but used Dad as the intermediary to avoid the dealer transfer and waiting period. Though most law-abiding gun owners would consider this method as a way to avoid overly burdensome California regulations, the law may see it as an illegal transfer.
It is illegal to transfer a firearm to someone who is not the actual purchaser or transferee of the firearm avoid the provisions of 27540 or 27545 (see 27515 and 27520).
Any such transfer is done at your own risk and not making any admission or written records about what you’re doing would be prudent. One would be well advised not do an immediate dual transfer (time separation) and never speak with investigators regarding the issue, should it come up.
How do I transfer a gun to my husband/wife?
Under the doctrine of community property, may give (“transmute”) property to each other. Theoretically, the firearm could be owned as community property by both, although the DROS registration record would be in the name of whichever spouse actually bought it (see 850 FAM).
The community property rules regarding firearms are not clear regarding sharing, which in theory should be the same as sharing anything else. To formally transfer a gun to another, the DOJ has this to say:
“Operation of law” defined
How do I get the gun from my state to my relative in California?
There are no exceptions for transfers/sales between relatives across state lines under federal law (this does not include inheritance bequests, but your relative better be dead).
Call the FFL in California who will be handling the transfer. Double check with them that they both understand and are comfortable with the procedure. They should be aware an interstate transfer requires going through an FFL.
If the dealer is knowledgeable and willing, ask about their transfer fee. Also be sure to ask if they will accept a shipment from you (an unlicensed person) or if you need to have an FFL in your state ship it to you. Some dealers do not accept firearms shipped by anyone other than another FFL due to things like loaded guns arriving.
It is recommended that a letter indicating the relationship, the nature of the gift, and the particulars of the firearm be included.
Can’t I just drive/fly the gun across state lines myself?
Not unless you want to potentially risk being punished for a federal crime. Remember, the ATF doesn’t play games.
How do I transfer a gun to my brother/cousin/uncle under this exemption?
You don’t. However, should you gift the firearm to your parent, they are equally free to choose to gift the firearm to your brother. Likewise, you could gift a weapon to your grandparent and they could choose to gift it to your cousin. Paperwork would be required with each step to keep the transfer legal.*
*Caveat: There is a risk that this may be considered a straw purchase, as the intent was to give the firearm to your other relative instead of doing transfer via a dealer as a private transfer. A court may determine that the parent only received the gun for the purpose of transferring it to the brother and thus was not the actual recipient.
On the surface, it looks like Son gave the gun to Dad, Dad didn't want the gun, so he gave it to Brother. Courts may well determine that the actual intent was for Son to give the gun to Brother, but used Dad as the intermediary to avoid the dealer transfer and waiting period. Though most law-abiding gun owners would consider this method as a way to avoid overly burdensome California regulations, the law may see it as an illegal transfer.
It is illegal to transfer a firearm to someone who is not the actual purchaser or transferee of the firearm avoid the provisions of 27540 or 27545 (see 27515 and 27520).
Any such transfer is done at your own risk and not making any admission or written records about what you’re doing would be prudent. One would be well advised not do an immediate dual transfer (time separation) and never speak with investigators regarding the issue, should it come up.
How do I transfer a gun to my husband/wife?
Under the doctrine of community property, may give (“transmute”) property to each other. Theoretically, the firearm could be owned as community property by both, although the DROS registration record would be in the name of whichever spouse actually bought it (see 850 FAM).
The community property rules regarding firearms are not clear regarding sharing, which in theory should be the same as sharing anything else. To formally transfer a gun to another, the DOJ has this to say:
The transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.
If the firearm is a handgun, the recipient must obtain a Handgun [now Firearm] Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days after taking possession.
The spouse receiving the gun must not be a prohibited person. The DOJ must be notified via this form (and pay $19).
If spouses are sharing ownership and use of a gun, a formal transfer is likely not an issue, however, an attorney should be consulted.
Can 18-20 year-olds be obtain handguns using the intra-familial transfer?
Yes. 25605(b) allows any citizen of the United States or legal resident over the age of 18 years, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
27505 does not prohibit parents/grandparents giving a handgun to an 18-20 year old. 27510 prohibits dealers (FFLs) from transferring a handgun to those under 21 (also 18 USC 922(b)(1)). Because state law requires firearms to be transferred through a dealer (no private sales) there is no way for a 18-20 year old to legally purchase a firearm privately as they may if they were a resident of other states.
The only way for a 18-20 year old to obtain a firearm from a relative (including purchase) would be from a parent or grandparent under 27875.
Does the handgun have to be on The Roster?
No, any handgun transferred via an intrafamilial transfer does not have to be on the Unsafe Handgun Roster.
If spouses are sharing ownership and use of a gun, a formal transfer is likely not an issue, however, an attorney should be consulted.
Can 18-20 year-olds be obtain handguns using the intra-familial transfer?
Yes. 25605(b) allows any citizen of the United States or legal resident over the age of 18 years, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen’s or legal resident’s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
27505 does not prohibit parents/grandparents giving a handgun to an 18-20 year old. 27510 prohibits dealers (FFLs) from transferring a handgun to those under 21 (also 18 USC 922(b)(1)). Because state law requires firearms to be transferred through a dealer (no private sales) there is no way for a 18-20 year old to legally purchase a firearm privately as they may if they were a resident of other states.
The only way for a 18-20 year old to obtain a firearm from a relative (including purchase) would be from a parent or grandparent under 27875.
Does the handgun have to be on The Roster?
No, any handgun transferred via an intrafamilial transfer does not have to be on the Unsafe Handgun Roster.
32110. (a) Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.
What if inherit a firearm from someone?
If they are a parent/grandparent (and they must be dead), and have expressed their wishes in writing (a will, for example), the transfer is exempt from the FFL requirement under federal and state law, as long as the Intra-Familial Transfer Form is done. This goes for both in-state and out-of-state inheritances. For non-parent/grandchild relationships, the transfer must occur through an FFL.
Again, the bequeath must be formally in writing and non-parent/grandchild relationships, whether in state or not, must go through an FFL, and the person giving the firearm must be dead. It is a gift if the person is alive.
See also this CRPA bulletin.
Loaning a Firearm
Loaning to a relative
Non-permanent transfers to a close relative (not parent/child relationship) can take place without a background check/dealer being involved. With a Safety Certificate, the relative can travel with the gun; without a certificate the gun has to stay at home.
Loan with a firearm safety certificate
Non-permanent transfers to a close relative (not parent/child relationship) can take place without a background check/dealer being involved. With a Safety Certificate, the relative can travel with the gun; without a certificate the gun has to stay at home.
Loan with a firearm safety certificate
27880. Section 27545 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 [sic]:
(1) Parent.
(2) Child.
(3) Sibling.
(4) Grandparent.
(5) Grandchild.
(b) The loan is infrequent, as defined in Section 16730.
(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.
Note: 30 day max loan; gun can travel with relative
Loan without a firearm safety certificate
Loan without a firearm safety certificate
27881. Section 27545 does not apply to the loan of a firearm if all of the following conditions are met:
(a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106.
(b) The loan occurs within the lender’s place of residence or other real property, except for property that is zoned for commercial, retail, or industrial activity.
(c) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(d) The individual receiving the firearm is 18 years of age or older.
(e) The firearm does not leave the real property upon which the loan occurs.
Note: No time period, gun stays at owner’s residence (does not travel with relative). 27880 requires a valid firearm safety certificate (FSC) and has a maximum period of 30 days (it is not permanent). 27881 does not require a FSC and has no time period but the gun can only be transferred at the owner’s residence and has to stay there. Under 27880, though the 30 day period applies, the gun can go home with the relative it was loaned to.
Other unusual loaning circumstances
These exemptions allow for others to store or possess firearms in specific circumstances. They are written in such a way to prevent anyone from taking advantage of the section to use the firearm improperly. If you obtain a firearm through this section, and are found with it in violation of the terms of the exemption, the penalties for failing to properly transfer the firearm through a dealer will apply to you.
Suicide prevention
These exemptions allow for others to store or possess firearms in specific circumstances. They are written in such a way to prevent anyone from taking advantage of the section to use the firearm improperly. If you obtain a firearm through this section, and are found with it in violation of the terms of the exemption, the penalties for failing to properly transfer the firearm through a dealer will apply to you.
Suicide prevention
27882. (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied:
(1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household.
(2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and secured in the transferee’s residence in one of the following ways:
(A) Secured in a locked container.
(B) Disabled by a firearm safety device.
(C) Secured within a locked gun safe.
(D) Locked with a locking device as described in Section 16860 that has rendered the firearm inoperable.
(3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1).
(b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay.
(2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law.
Note: this is an unusually forward thinking and courteous provision of state law. The intent is to allow a trusted friend to store a firearm on behalf of someone who is afraid they may commit suicide with it. This provision allows people who fear that going to police to have their weapons kept for safekeeping will result in them losing the right to bear arms or will result in them being taken away on a 5150 72-hour hold. These people may not seek help or take steps to reduce their suicide risk if they fear their gun rights might be lost.
Someone else stores the gun for you
Someone else stores the gun for you
27883. Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met:
(a) The firearm being loaned is registered to the person making the loan pursuant to Section 11106.
(b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity.
(d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(e) The individual receiving the firearm is 18 years of age or older.
(f) One of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is locked with a locking device, as defined in Section 16860, which has rendered the firearm inoperable.
(g) The loan does not exceed 120 days in duration.
(h) The loan is made without consideration.
(i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm.
(j) Both parties to the loan have signed copies of the written document required by subdivision (i).
Note: this allows a trusted friend to store someone else’s firearm for up to four months (120 days). No money can change hands. A written record must be retained by both parties and the firearms must stay in storage and not be used by the person storing them.
Personal presence exemption (hunting/shooting range)
Personal presence exemption (hunting/shooting range)
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.
Note: This section applies to something like a hunting trip; a buddy can borrow a gun as long as you are with them the whole time and the loan is for no more than three days. This would also apply to letting someone shoot your gun at the range because you are with them. “Lawful purpose” does not mean that you can give a firearm to your homie while you are going about criminal activities.