Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Can my wife use my gun?

Discussion in 'Legal' started by CountGlockula, Nov 16, 2006.

Thread Status:
Not open for further replies.
  1. CountGlockula

    CountGlockula Member

    Joined:
    Oct 1, 2006
    Messages:
    3,522
    Location:
    In a Los Angeles coffin.
    Hi guys. Wondering about this.

    Since I purchase my firearm, what of my wife?

    What if, heaven forbid, I was out of town on business, my wife confronts a bad guy in our home and she fires the pistol at the BG to protect her own life?

    She fired her husband's gun. Is there anything wrong with that?

    Thanks.
     
  2. gbran

    gbran Member

    Joined:
    Jan 21, 2003
    Messages:
    2,971
    Location:
    california
    According to the CA DOJ........

    Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
    Yes, as long as the person receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days.

    (PC sections 12076(f), 12078(i))
     
  3. btsyshsbnd

    btsyshsbnd Member

    Joined:
    Sep 28, 2006
    Messages:
    30
    In Illinois

    If your wife doesn't have a f.o.i.d. (firearm owners i d) card and she uses your gun even if it's for self defense she'll be in more trouble then the b.g. if he lives. you'll also lose your gun and maybe have your f.o.i.d. card revoked. this is what I was told by a local street cop
     
  4. CountGlockula

    CountGlockula Member

    Joined:
    Oct 1, 2006
    Messages:
    3,522
    Location:
    In a Los Angeles coffin.
    Thank you gbran. I'm having her fill out the paperwork.
     
  5. Librarian

    Librarian Member

    Joined:
    Oct 14, 2003
    Messages:
    1,471
    Location:
    Concord, CA
    You can also lend it to her, with no paperwork and no problem, presuming she isn't legally prohibited from having a firearm. If you need to lend it to her for an extended period, maybe it's time to buy her her own.
     
  6. EOD Guy

    EOD Guy Member

    Joined:
    Dec 25, 2002
    Messages:
    982
    Location:
    Concord, CA
    Absolutely nothing wrong with it as far as California law is concerned. As a matter of fact, since you're in California, the handgun is community property anyway.
     
  7. CountGlockula

    CountGlockula Member

    Joined:
    Oct 1, 2006
    Messages:
    3,522
    Location:
    In a Los Angeles coffin.
    So does my wife HAVE to fill out the form?
     
  8. TexasRifleman

    TexasRifleman Moderator Emeritus

    Joined:
    Feb 16, 2003
    Messages:
    18,302
    Location:
    Ft. Worth
    I'm sorry, and I will get in trouble for this, but this practically BEGS a California bashing party.

    A wife cannot use a husbands firearm in their own home to protect herself?
     
  9. Dave P

    Dave P Member

    Joined:
    Dec 24, 2002
    Messages:
    1,600
    Location:
    North Florida
    "Excuse me dear, but don't touch that pistol until you complete the forms!" :barf:
     
  10. Lonestar

    Lonestar Member

    Joined:
    Jul 10, 2006
    Messages:
    701
    That's Crazy:what:

    So they expect that with a BG with a knife walking up the stairs and my wife in my bedroom filled with various handguns all in my name to say, "I can use any of these guns, there not in my name, and I did not fill out the paperwork, let me use this lamp to fight this guy instead."

    Gun laws are suppose to protect citizens, not fine them for defending themselves.
     
  11. DrewH

    DrewH Member

    Joined:
    May 25, 2003
    Messages:
    243
    Location:
    Virginia
    Sounds like those forms apply to formally transfering possession (giving) the handgun to your wife (or other relative) not lending it to her. Letting her use it when you are gone would be lending, in my view. So she should be OK in the scenario you described without filling out those forms.
     
  12. DrewH

    DrewH Member

    Joined:
    May 25, 2003
    Messages:
    243
    Location:
    Virginia
    Furthermore by filling out that form you are telling the State of California you are giving your gun to your wife :) Maybe she should get her own :)
     
  13. Mainsail

    Mainsail Member

    Joined:
    Dec 16, 2005
    Messages:
    3,073
    Location:
    Washington
    OMG California sucks.
     
  14. ceetee

    ceetee Member

    Joined:
    Sep 7, 2003
    Messages:
    1,998
    I'd rather declare bankruptcy and go visit my wife in jail once a week, than bring flowers to her grave for the rest of my life...
     
  15. Big Calhoun

    Big Calhoun Member

    Joined:
    Oct 16, 2006
    Messages:
    554
    Wow, community property laws wouldn't come into play here?

    I think this is a good question and honestly never have given it much thought beyond reminding the wife which gun is where.
     
  16. CDH

    CDH Member

    Joined:
    Aug 18, 2005
    Messages:
    245
    Location:
    South Texas
    The only serious consequences I can imagine would be if she were to miss.

    Carter
     
  17. Tim James

    Tim James Member

    Joined:
    Mar 13, 2005
    Messages:
    305
    Location:
    Florida
    Don't forget to fill out the Intra-Person Handgun Transaction form when shooting weak handed at the range. You'll also need to submit a $7 fee within 60 days.
     
  18. EOD Guy

    EOD Guy Member

    Joined:
    Dec 25, 2002
    Messages:
    982
    Location:
    Concord, CA
    NO! That is only if you want to transfer custody to her permanently.
     
  19. Ed Ames

    Ed Ames Member

    Joined:
    Aug 21, 2006
    Messages:
    3,899
    Location:
    Tejas Norte
    Actually, it begs a btsyshsbnd bashing party.

    *** is a FOID card? And what does it have to do with CA? There's no such thing in California, and there is NO NEED TO FILL OUT ANY PAPERWORK. You aren't giving her a firearm in the scenario you've stated... she's using (borrowing it).

    Too much bogus information in this thread. Maybe not bogus in Illinois (which is, I suspect, where the FOID BS comes from) but certainly bogus for CA. Bottom line is unless you want her to have the gun at a separate residence for more than 30 days, there is simply no issue here, and certainly no paperwork. If there is a reasonable threat of harm, or if the force is reasonable to prevent a violent felony (rape, burglary, etc) she is legally justified to shoot in CA. CA is a castle doctrine state and so long as she is defending human life (hers or someone else's) her legal issues will be small potatoes compared to the psych implications of shooting someone.

    I would suggest you get her a copy of the DOJ handgun safety cert (HSC) guidebook, which spells out all the legal issues. You can get it at any gun shop for pocket change, or download and print it yourself. It answers these sort of questions pretty clearly and provides basic handling instructions. You should have read it before buying your first handgun (assuming you bought recently) anyway and none of the info it contains will harm you in any way.
     
    Last edited: Nov 16, 2006
  20. glummer

    glummer Member

    Joined:
    Apr 20, 2006
    Messages:
    699
    Location:
    NY
    Yeah, and Jim Crow was just a show of respect towards dark-skinned people.
    And Dachau was supposed to be subsidized housing for Jews.
    Try not to swallow the Kool-aid so quickly.

    Gun laws are intended to stigmatize and persecute gun-ownership. Period.
     
  21. vynx

    vynx Member

    Joined:
    Sep 11, 2005
    Messages:
    719
    Location:
    U.S.A.
    In California in your own house no worries but don't lend it to your neighbor if the SHTF.

    I knew of a guy who lent his Mom a .45 Norenco 1911. She lived in a separate residence - miles away. His nephew or cousin got out of the Rangers and was living with his Mom, he got into a bar fight, was drunk, went home got the 1911 and went back to the bar, cops had been called and were there, someone saw him and said "that's him" - he was searched, they found the gun, he was arrested - police phoned my friend asked about the gun registerred in his name, he told them it was for his Moms protection and of course he never knew that his dumb relative would take it - they gave it back to him! His dumb relative spent a year in prison. True story 1995 or 96 Los Angeles, CA.

    So don't worry about your wife or family using your handgun in/on your property - probably appies to anyone staying at your residence.
     
  22. bender

    bender Member

    Joined:
    Aug 10, 2006
    Messages:
    970
    Location:
    TX
    just wondering...

    I see FOID mentioned several times in this thread.

    what the .... is a "firearms owners ID card :confused:
     
  23. Shield529

    Shield529 Member

    Joined:
    Jun 6, 2004
    Messages:
    219
    Location:
    Arkansas
    FOID is Firearm Owner Id Card. In IL. if you own a gun the state and Chicago PD own you.

    Move to a state with normal gun laws and you will never have to worry about nonsence like your wife with a gun anymore.
     
  24. bender

    bender Member

    Joined:
    Aug 10, 2006
    Messages:
    970
    Location:
    TX
    ok, thanks. I'm in Texas. Its just that I've seen "foid" several times on this board, but did not really know what it was (fortunately for me, it seems :) )
     
  25. vta33

    vta33 Member

    Joined:
    Jun 25, 2006
    Messages:
    113
    Location:
    So Cal
    CA pamphlets

    These California DOJ pamphlets in PDF format can be downloaded. Deadly force can be used to defend yourself and retreating is not required. Read page 30. It doesn't answer your original question but I seriously doubt that a wife who defends herself with her husband's handgun would be prosecuted. The "community property" concept seems valid.


    http://ag.ca.gov/firearms/forms/pdf/Cfl2006.pdf

    The is the Handgun Safety Certificate Study Guide in PDF.

    http://ag.ca.gov/firearms/forms/pdf/hscsg.pdf
     
Thread Status:
Not open for further replies.

Share This Page