Legal Question in Criminal Law in California

Loaned Assault Rifle

My grandfather and I have taken up the hobby of target shooting at a range in California. He has several guns left over from his time in the military and police service. One of those guns is an AR-15 (M16) assault rifle. He has legally registered it with California. Is it possible for me, as his grandson, to borrow the rifle if he does not feel like going on some day? I am over 18.

I looked at CA PENAL CODE SECTION 12280-12281 which states: (n)(B) The person to whom the assault weapon is lent remains in the presence of the registered possessor of the assault weapon, or the person who lawfully possesses an assault weapon pursuant to subdivision (i).

Am I a lawful possessor? Thanks,Daniel


Asked on 3/09/02, 10:01 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Loaned Assault Rifle

The section you site requires that your grandfather accompany you to the rifle range or you are not legally possessing the assault weapon. There are no published cases that explain, modify or change the Penal Code section, and I'd say it's pretty clear language. Therefore, the answer is no, you are not a lawful possessor.

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Answered on 3/10/02, 12:17 pm
Victor Hobbs Victor E. Hobbs

Re: Loaned Assault Rifle

I agree 100% with Steve. There's a handy guide published by the California Department of Justice on California Firearms Laws written in terms that the everyman is supposed to be able understand. It is available by mail for a nominal price, and it is also available on and printable from the Attorney General's web site. http://caag.state.ca.us/ Don't borrow your grandfather's assualt rifle with or without his permission.

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Answered on 3/10/02, 12:42 pm


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