Legal Question in Criminal Law in California

I have a dilema, I lent my brother in law a handgun a while back to use at the shooting range and he still has possession of it and now refuses to give it back to me. I live in california and am not sure what the laws are here about whether I was even allowed to lend it to him. I do not want to involve the police until necessary, I just need to know the laws in regards to him having my gun in his possession even though I lent it to him. He is now claiming I sold it to him, which I would have never done without transfering out of my name, as well as the fact that I wouldnt sell the gun to begin with. what is the smartest way to resolve this issue.


Asked on 5/20/11, 6:14 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You can get in trouble if you provided him with a gun, and he was a person who was prohibited by law from having a firearm. Such people can include convicted felons, drug addicts who are required to register and are barred from having firearms, restrained persons under restraining orders, and people who have been convicted of several different misdemeanor offenses.

With that said, you cannot lawfully transfer a handgun in California to your brother in law without using a licensed gun dealer. You may want to protect yourself by reporting the gun stolen.

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Answered on 5/21/11, 2:46 pm
Terry A. Nelson Nelson & Lawless

If not willing to report it stolen, then your recourse is to walk away from this, or try to get legal counsel to deal with him to 'educate' him about his risks. You both have legal problems by having done this. If serious about doing so, feel free to contact me.

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Answered on 5/23/11, 8:50 am


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