Shotgun confiscated

[rfellmanjr]

When my friend was arrested at his home, the Pennsylvania State Police confiscated his Shotgun. He is now in jail ( white collar crime) and he understands he will not be able to have his firearm returned to him. IS it possible that he give it to me? If so how do we go about that?
thanx

[CHEMICAL]

When my friend was arrested at his home, the Pennsylvania State Police confiscated his Shotgun. He is now in jail ( white collar crime) and he understands he will not be able to have his firearm returned to him. IS it possible that he give it to me? If so how do we go about that?
thanx

It is my understanding that the law provides a certain window of time for relinquishing firearms to other owners if arrested...or I may be getting that confused with someone who is served with a PFA.

Basically....don't commit crimes...although the way we are headed, breathing without permission may soon be a crime.

ETA:

18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms
(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.

[customloaded]

What does a white collar crime have to do with a weapon? Why did the State Police Seize an object not specified as part of the elements or fruit of the white collor crime?

Yes, he can give them to you within so many days. The law allows this but since PSP is not apparently following any other law, doubt they'd follow this one.

CL

[FormerUser123]

What does a white collar crime have to do with a weapon?

There are white collar felonies and M1s. I'm guessing this guy did something pretty bad in the white collar world?

[customloaded]

There are white collar felonies and M1s. I'm guessing this guy did something pretty bad in the white collar world?

Yes Sir, and upon conviction of said felony crime, said person would then become a prohibited person. At this stage of the ballgame, a white collar crime is classified as such because its non-violent and usually deals with scamming, fraud, or other scheming type deal. No force, no threat of force, no weapon.
As I say, he was arrested. What does an arrest for a white collar crime have to do with the police siezing a firearm? I'm pretty sure only those objects material to the crime a person is arrested for can be seized and that requires a search warrant, especially since he was arrested at home. If the police searched his home without a warrant but just an arrest warrant, found and seized a shotgun not material to the crime at hand, the police did wrong. They have to have a seizure warrant for items used to commit the crime, computer, camera, printer, phones, paper, etc...white collar crime.

CL

[rfellmanjr]

He stole money from his company. He was the CFO. When they came to his house a local policeman ( who was just kicked off the force) and the State Police came to arrest him for the crime. They asked if he had any weeapons in the house. He sais yes, an unloaded 12 guage , in the closet. The local policeman took the weapon and gave it to the State Police. My friend does not remember any further discussion w the police about the weapon. I called the local barracks that arrested him and they said I needed to get in touch w the Trooper that arrested him......
Hmmmmm- just doesn't sound right. Since my friend is in jail, I am going to go on PATCH and find out who the arresting Trooper was etc......
Any further advice or comments? He was sentenced last December- not exactly when he was arrested but I think it was in the summer of 2009. I will get more details from PATCH I hope.

[gnbrotz]

Yes Sir, and upon conviction of said felony crime, said person would then become a prohibited person.

Not necessarily. Not all felonies are prohibiting.

18 U.S.C. 921(a)(20)(A)

(20) The term "crime punishable by imprisonment for a term exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

[PhillyAR]

When the cops asked your friend if he had any weapons in the house he should have exercised his 5th amendment rights and kept his mouth shut. Then he would still have his shotgun.

[headcase]

It has been over a year since they took it and about a year since he was convicted. Yeah, you'll get that gun from them

[MDJschool]

When my friend was arrested at his home, the Pennsylvania State Police confiscated his Shotgun. He is now in jail ( white collar crime) and he understands he will not be able to have his firearm returned to him. IS it possible that he give it to me? If so how do we go about that?
thanx

The PSP has an affirmative duty to return that firearm to its owner if he's not a prohibited person. 18 Pa.C.S. 6111.1(b)(4). Assuming that he is in fact not a prohibited person, it's probably well advised to submit a motion for return of property sooner rather than later, before the PSP thinks they just 'received an automatically forfeited gun'. Unless federal or state law somewhere provides that a person convicted in this situation is prohibited from sale or delivery while not being prohibited from ownership, then I would think there's a possibility he could ask for the extraordinary relief of directing the PSP to transfer the firearm to the OP (through the sheriff?), through this motion for return of property. Even if the extraordinary relief isn't granted, I think it would put the PSP on notice to keep that gun around until the person has served his time and can finally exercise dominion over the firearm.