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Thread: Open Carry

  1. #1
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    Open Carry

    Can I Open Carry in southern California a hand gun that my friend loans to me?

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    Regular Member DooFster's Avatar
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    If I remember right, it is illegal for you to possess another person's weapon, regardless if it's loaned to you, or if it is not registered in your name. Someone correct me if I'm wrong...lol...
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

  3. #3
    Regular Member CenTex's Avatar
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    I did not note it, but somewhere on this forum someone said that you could OC with a borrowed gun. I would not do it without checking if it were legal where you live in So. Cal. Someone on this forum can probably answer it for you.

    Can you borrow a gun for self-defense? It will determine on where you live. Read what happened with some friends of mine. This has nothing to do with OC. But it is somewhat related to the self-defense argument.

    This incident took place in Redding, CA. I had a friend who was being threatened. The threat came true. The man came to my friend's house and started forcing himself into the house. My friend had a gun in his hand and told the man to leave. They got into a struggle over the gun and the intruder pulled the gun toward himself causing the gun to go off. He was instantly killed. My friend was taken down town and questioned. He was released that night and allowed to go home with the gun. The police said that he had committed no crime while defending himself and his family. The police had earlier contacted another friend to verify that he had loaned the pistol to our friend. He confirmed that he did and for what reason, which was for protection. There were no charges brought against the loaner of the gun. Later he went over and picked up the gun from our friend. He has the gun to this day.

    Edit: To the best of my recollection, this incident took place in 1988.
    Last edited by CenTex; 11-30-2010 at 10:56 PM.
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    Id Like to know This as well. I was at A gun Store a few weeks back and I thought I heard one of the guys that works there said you can Loan your Gun to a friend For up to 30days. And Also With OCing I could have sworn I read here as long as the gun is Registered you can OC it. (Of Course if you can Legally Posses A firearms) I could be wrong.

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    from memory...

    From memory, there is no law that says you must have a registered handgun in California. Also no requirement that the gun be in your name. If you commit a crime with that gun, there is provisions for sentencing enhancements if the gun does not belong to you, depending on the crime committed. What may be a misdemeanor crime if you had the gun registered to you, may become a felony if it is not. Maybe some recent law has changed everything, so not certain about current status. They print gun laws faster than I can keep up.

    I doubt any gun I have is registered in my name. Some of the "x" owners are deceased, several belonged to LEO's originally, but they have all been checked and are clear and not reported missing or stolen. Any guns I own were purchased before mandatory transfer registration laws were in effect. I doubt I will need to buy another again, so I will stay under the radar, and don't have any plans to register them and pay a $$ fee for the privilege......
    Last edited by oc4ever; 11-30-2010 at 12:04 AM.

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    How do you

    How do you check them to see if they are stolen or no crime has been committed with the firearm?

  7. #7
    Regular Member hgreen's Avatar
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    The correct question is "show me where it is illegal".

    Unless it is explicitly forbidden by law, its not illegal.

    My understanding is that there is no requirement for OC that the gun must be yours or even registered at all. Especially since when they do e-check you, it is only to check its loaded status, NOT run the serial number to see if it is yours or if it has been used in a crime.

    If this was not the case, it surely would be stated in the open carry fliers.

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    How do you

    How do you check them to see if they are stolen or no crime has been committed with the firearm?

    __________________________________________________ __________________________________________________ ______





    Take the make model and serial numbers and call the records department of your local police department on the phone .Many small departments will check for you as a courtesy if they are not busy. Some departments may ask you to go to their front counter to do a check. DO NOT BRING THE GUNS WITH YOU to the police/sheriff's department. Just the paper list of make , model and serial number.
    ++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++
    Also as a followup to the first question,this quote was taken form the Calif DOJ website q & A.:

    How do I know if my firearms need to be registered?

    There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.
    ++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++

    The key here is you *may* submit a Firearm record,but no requirment exist unless you are bringing a gun to Calif or own a AW.
    Last edited by oc4ever; 12-01-2010 at 01:08 AM.

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    Sometimes they Illegally

    Sometimes they illegally check the serial number and run them.

  10. #10
    Regular Member Gundude's Avatar
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    Someone should ask the DOJ how many firearms have been returned using this list. I would guess its a single digit number.
    I remember seeing that asked on the Nevada page. Clark County (Las Vegas) requires registration for residents. They said they didn't keep a count on returned firearms.
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    Yes you can however I would expect overzealous LEOs that run the SN to try and arrest you for possessing a stolen firearm until the registered owner tells them that they loaned it to you.

    12078(d)

    (d) (1) Subdivision (d) of Section 12072 shall not apply to the
    infrequent loan 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 and, when the firearm is a handgun, commencing
    January 1, 2003, the individual being loaned the handgun has a valid
    handgun safety certificate.
    New to OPEN CARRY in California? Click and read this first...
    Stolen from ConditionThree because it can't be stressed enough.

  12. #12
    Regular Member teemgreen99's Avatar
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    to my knowledge it is not illegal to loan a friend your handgun, you must be 21 to purchase a handgun not posses. LEO is not authorized to check id or serial numbers, and if there is a LEO out there that will still pull a felony hot stop he is going to be in far more trouble than your law abiding friend is for possesing anothers firearm.

  13. #13
    Regular Member hgreen's Avatar
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    Fixed

    Quote Originally Posted by oc4ever View Post
    ... Having a Firearm Ownership Record on file with the DOJ may help
    ......
    them confiscate your weapons when they deem it necessary.

  14. #14
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