Under federal law, you may temporarily loan or rent a firearm to an out-of-state resident who is not prohibited from possessing firearms for lawful sporting purposes. California law, prior to 2017, allowed a firearm to be “infrequently” loaned between two people who knew each other, as long as the loan did not exceed 30 days. In 2016 however, California state legislature amended this exception and narrowed the scope of who a person can loan a firearm to under this exception. In AB 1511, beginning January 1, 2017, a firearm can only be “infrequently” loaned between the following individuals, as long as the loan did not exceed 30 days:
- Spouses or registered domestic partners
- Any parent, child, siblings, grandparent, or grandchild; whether related by blood, adoption, or step relation.
Also under this new exception, the person borrowing the firearm must have a valid Firearm Safety Certification (FSC). If the firearm being loaned is a handgun, it MUST be registered to the person loaning the firearm as stated in Penal Code ß 11106. There is a lot of concern from California gun owners as to whether they can loan firearms in specific situations, given that the “personally known” language was removed from the exception. Even without, there are many other exceptions that gun owners can use to loan a firearm to another person without having to go through an FFL. Some of these exceptions include:
- P.C. ßß 26625, 27970 (Effective Jan 1, 2018)
- An individual can loan a firearm to another person without going through a licensed firearms dealer if both of the following conditions are met:
- An individual receiving the firearm is enrolled in the course of basic training prescribed by the Commission on Peached Officer Standards and Training, or in any other course certified by the Commission
- The loan is for purposes of participating in the course.
- An individual can loan a firearm to another person without going through a licensed firearms dealer if both of the following conditions are met:
- P.C. ß 27885
- An individual who is 18 years of age or older can loan a firearm to another person who is 18 years of age or older without going through a licensed firearms dealer provided the following conditions are met:
- The person loaning the firearm is at all times within the presence of the person being loaned the firearm.
- The loan is for a lawful purpose
- The loan does not exceed three days in duration
- The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm
- An individual who is 18 years of age or older can loan a firearm to another person who is 18 years of age or older without going through a licensed firearms dealer provided the following conditions are met:
- P.C. ß 27910, 31765
- An individual can loan a firearm to a person 18 years of age or older for the purposes of target shooting without going through a licensed firearms dealer, as long as:
- The loan occurs on the premises of a target facility that holds a business or regulatory license; or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private.
- The firearm is at all times kept within the premises of the target range or on the premises of the club or organization
- An individual can loan a firearm to a person 18 years of age or older for the purposes of target shooting without going through a licensed firearms dealer, as long as:
- P.C. ß 27950
- An individual can loan a long gun to a licensed hunter without going through a licensed firearm dealer, as long as the loan does NOT exceed the duration of the hunting season for which the firearm is to be used.
- P.C. ß 27955
- An individual can loan a firearm to another person 18 years of age or older without going through a licensed firearms dealer, provided all the following are satisfiedt:
- The loan is “infrequent”
- The firearm is unloaded
- The loan is made by a person who is neither a dealer nor a federal firearms licensee pursuant to Chapter 44 of Title 18 of the United States Code
- The loan is for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event.
- An individual can loan a firearm to another person 18 years of age or older without going through a licensed firearms dealer, provided all the following are satisfiedt:
- P.C. ß 27955
- A federal firearms licensee can loan a firearm to a person(s) who possess a valid entertainment firearms permit issued under Chapter 2 of Division 8 of the Penal Code without going through a licensed firearm dealer, as long as the following conditions are met:
- The firearm is unloaded
- The firearm is loaned for use solely as a prop in a motion picture, television, video, theatrical or other entertainment production or event
- The person loaning the firearm retains a photocopy of the entertainment firearm permit as proof of compliance with this requirement.
- A federal firearms licensee can loan a firearm to a person(s) who possess a valid entertainment firearms permit issued under Chapter 2 of Division 8 of the Penal Code without going through a licensed firearm dealer, as long as the following conditions are met:
- P.C. ß 27966
- An individual can loan, sell, or transfer a firearm to a collector licensed under Chapter 44 of Title 18 of the United States Code, and the regulations issued thereto without going through a licensed firearms dealer provided that:
- The loan, sale, or transfer is “infrequent”
- The firearm is NOT a handgun
- The firearm is a curio or relic
- The person receiving the firearm has a current certificate of eligibility issue in accordance with P.C. section 267410
- Within 30 days of taking possession of the firearm, the person to whom it is transferred must forward by prepaid mail, or deliver in person to the Dept. of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and for whom, and a description of the firearm in question.
- An individual can loan, sell, or transfer a firearm to a collector licensed under Chapter 44 of Title 18 of the United States Code, and the regulations issued thereto without going through a licensed firearms dealer provided that: