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| General General firearm-related talk that does not fit into any of the other forums. |
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Let me first give some background.
A friends parents go around to Public Storage facilities and they buy abandoned Storage Bins. They have done this a few times and this one they just bought had, what they are calling a Sawed off shotgun and a handgun. They turned in the Shotgun to the Public storage place who I think turned it over to the police. The storage place told them that they legally owned the shotgun and did not need to turn it over to them but I am sure they wanted nothing to do with it. So going thru the stuff they now find a handgun so they were already told it is thier property so they want to sell me the handgun. I am not yet sure what it is, waiting for the call back, I hope they will know without me paying them a visit. So my questions. I believe I need to get this transfered with an FFL holder. Is that correct? Is there any issue since the history of the gun starts with them and they have no records? I would first like to find out if it is stolen before I spend a dime, how would I go about finding that information, Call local LEO, Sheriff etc..?
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The criminal burden for an 'improper' transfer lies with the originator, not the recipient. Also, a transfer requires two parties. I'm not sure how you'd go about transferring it without the cooperation of the original owner or an agent of the storage company.
In any event, it would be a very good idea to attempt to confirm that the gun isn't stolen before generating any paperwork with your name on it. This brings to mind a scenario that Rich and I have discussed briefly. If you are out walking in the woods, and simply find a firearm, what steps would be necessary to become the current legal owner of that firearm?
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If you find a gun in the woods chances are it was dumped there. I personaly would turn it in and hopefully they will find the rightful owner. I know if I was walking in the woods and lost my firearm I would like it to be returned to me. Say you found a Car in the woods what would you do then? DC |
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The police may or may not assist with a trace to check for stolen status.
Call the PSP barracks and explain the scenario. They will either say yes or no. As for the transfer, the original owner is unknown so an FFL will not be able to transfer the pistol to the current owner. This leaves us, and the pistol, in a state of limbo. They could keep it and not be in violation of the law since, as gnbrotz mentioned, the criminal burden is on the transferrer (who is not present). But if they had the gun checked later (traffic stop, etc) it could cause a hassle. The PSP gun record (from the non-existent registry) would return the prior owners info (maybe) and ultimately it means nothing but the LEO may want to investigate further. Back on track... Since they want to transfer to YOU. They and you go to the FFL and transfer. end of story. The pistol is now in your name in the non-existent PSP registry. Aren't gun laws so sensible? |
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I would think the originator would be the storage company. THey obtained rights to the property of the bin as liquidated damages for rent not paid. I presume that there is a specific statute that conveys the property to the storage company in such cases.
The storage company subsequently sold the contents to the friends parents and issued a bill of sale. I would think that this could be resolved in one of two ways: 1. the friends parents insist that the storage company transfer the pistol to them thru FFL. Again the storage company was the legitimate owner at the time of sale. Then parents sell to the OP thru FFL; 2. The friends parents sell the pistol to the OP thru FFL without the storage company. I would select #1 and insist on a stolen records check. In either case at least there is a paper trail as to when the pistol came into possession of the storage company (forfeit filings), friend parents (bill of sale), and OP (FFL record) so they would not be inculpated for any previous history of the pistol. Just out of curiosity, if I sell a gun to an FFL how do they determine that I am the legitimate owner - what proof do they require? How do they determine that it's not stolen? What happens if I buy a gun from a FFL that later is determined stolen? |
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Well I found out it is a Raven Arms .25 semi auto. Might not even be worth the FFL fee.
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