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Thread: Missing gun paperwork.
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October 20th, 2011, 07:57 AM #1Junior Member
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Missing gun paperwork.
Morning People,
My elderly Father was diagnosed with Dementia. I am his Legal Guardian.
My brother took Dad's guns to NJ. Father long time member of NRA. Brother then gave said guns to someone to hold on to for him. Guns purchased at various gun shows. How do I find out how to track Dad's guns with no paperwork ? I don't want to see them fall into the wrong hands with my Fathers name attached to them ? Thank You for your time
Joanie
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October 20th, 2011, 08:32 AM #2Grand Member
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Re: Missing gun paperwork.
The first thing I would do is immediately take possession of them. You are his legal guardian. Your brother, who is not his guardian game them to a third party for safe keeping? If you have them, they can't "fall into the wrong hands" as you say. You could then keep them or sell them if you wish provided you follow the proper NJ statutes regarding the sale of firearms.
Jules
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October 20th, 2011, 12:04 PM #3
Re: Missing gun paperwork.
If I understand you correctly your father is a Pa resident, you and your brother are NJ residents.
There is no readily available way for you to 'track' firearms except to determine the 'custody chain' by starting with your brother and follow their movement.
Your brother taking them to NJ violates both NJ and Federal law and maybe Pa law. His giving them to a third party to hold violates NJ law at a minimum and possible Federal law.
Understand that the situation you pose is turned into a legal quagmire because of your brother's actions and can only be answered by a firearm law knowledgeable attorney. IMO, if the firearms are somehow returned to dad's home (the legalities of the transport may be an issue), place them under lock and key, and contact a few Pa FFLs and offer them for sale (preferable have the FFLs come to Dad's house).IANAL
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October 20th, 2011, 12:38 PM #4Junior Member
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Re: Missing gun paperwork.
My brother will not return the guns. will only deny he has them. He was stupid enough to show them to my friend, amongst other weapons he has.
Joanie
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October 20th, 2011, 12:57 PM #5
Re: Missing gun paperwork.
Then your only options would seem to be:
1. threaten your brother with theft charges and reporting him to the NJ DA and US Attorney for firearm law violations if not returned;
2. file charges in your father's name but you would have the burden of proof;
2. do nothing. With Dad's dementia there's little chance that he would be held accountable for any untoward events involving the firearms in the future.Last edited by tl_3237; October 20th, 2011 at 01:00 PM. Reason: sp
IANAL
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October 20th, 2011, 01:00 PM #6Grand Member
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October 30th, 2011, 09:07 AM #7
Re: Missing gun paperwork.
Too much missing information Joanie. No one on this forum can give sound advice without specifics as to your, your brother's and your father's official state residencies. No assumptions here and no further advice should be given nor taken until this issue has been cleared up.
Not beating you up, just cannot help you without this information.NRA Instructor/RSO
C.A.R. Instructor
Certified Glock Armorer
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