Loan a Gun

July 8, 2024
To Mr. Michael Renteria,
My name is Colin Rudolph. I am a licensed and practicing attorney in San Diego, CA (Bar #: 338836). I am writing to summarize my research on the legality of temporarily loaning firearms to immediate family members in the state of California. The purpose of this letter is to present my findings and provide you with a comprehensive understanding of the legal issues and how to best comply with California law.
California has some of the strictest gun laws in the country. Properly handling firearms is a tedious process with a lot of government oversight. It is crucial to follow all necessary steps and fulfill all conditions to avoid criminal liability.
In general, loaning firearms is not permissible under California law pursuant to California Penal Code Section 27545. Any parties looking to sell, loan, or transfer a firearm must do it through a licensed firearm dealer.
However, Section 27545 does not apply to immediate family under specific conditions. This means that if the following conditions are met, loaning a firearm for a short period of time (30 days) to immediate family is permissible under California law.
Under Section 27880, it is permissible to loan a registered, legally-owned firearm to immediate family, limited to parents, siblings, children, grandchildren, and grandparents only. Additionally, Section 27880 provides that this is applicable to the relations above whether by blood, step-relation, or legal adoption.
In addition to loans being limited to the familial relations above only, the following conditions must also apply:
a. The loan is infrequent, defined as less than six transactions per calendar year AND no more than 50 total firearms per calendar year.
b. The loan is for any lawful purpose.
c. The loan does not exceed 30 days in duration.
In other words, the loaner must not frequently loan their firearms, the loanee must not commit any unlawful act with the firearm, and the loan cannot exceed 30 days.
Finally, there are safety requirements that must also be fulfilled with a familial loan. For handguns specifically, the individual being loaned the firearm must have a valid, unexpired handgun safety certificate. For any firearm, the individual being loaned the firearm must have a valid firearm safety certificate.
In sum, to legally loan an immediate family member a firearm: the loanee must be in the immediate family of the loaner (parent, sibling, grandparent, grandchild, child); the loaner must not exceed the limited amount of permitted loans annually; the loanee must not use the firearm for an unlawful purpose; the loan cannot exceed 30 days; the loaner must ensure the loanee has the necessary, valid safety certificates.
I hope this information is insightful and helpful. Please keep in mind that laws constantly change in California and the information I am providing is current as of the date heading of this letter.
Sincerely,
Colin Rudolph
Attorney at Law