Storage Facility Question (law)

[Manxdriver]

Don't know for sure. It probably varies from state to state. I'm willing to bet there is some type of disclaimer before any auction stating that any firearms that fall under the definition of a firearm need to be handled accordingly. In Pa I'm guessing all would need to be transferred to the new owner, as with any auction or raffle, etc, and if any come up stolen tough titty for you.

You mean IF there were any firearms FOUND in the unit, right?

[Manxdriver]

GunLawyer, a quick follow up question to your last post. You stated that you can't import a pistol from another state. Does that include a person moving here from another state, and already owns a pistol. Or, was it to mean, cannot import from another owner to an owner in this state (transfer, I guess would be the appropriate term)?

[father-of-five]

So what you're telling us is we need to start attending storage auctions in the border counties?

It does beg the question a bit!!

[GunLawyer001]

GunLawyer, a quick follow up question to your last post. You stated that you can't import a pistol from another state. Does that include a person moving here from another state, and already owns a pistol. Or, was it to mean, cannot import from another owner to an owner in this state (transfer, I guess would be the appropriate term)?

I'm not going to address a hypothetical state, but in Pennsylvania, it's not illegal to RECEIVE a handgun without using an FFL, unless (a) you conspire with the buyer to do it that way, or (b) it's stolen or altered in violation of statute or is otherwise contraband, or (c) it came from out of state. The transferor commits a crime with an unlawful transfer, the recipient doesn't directly do so. In the case of a storage locker, the transferor is unwitting.

Rifles don't have to go through an FFL if the private source is in PA.

I wouldn't want to be found with a stolen gun that I couldn't properly trace back to someone else. On the other hand, the same could happen with a stolen TV that ended up in a storage locker, or anything with a serial number that was reported stolen.

I wouldn't want to be in possession of a gun that came from out of state, since it's illegal for me to privately import a gun.

Those "reality" shows about storage lockers are complete scams. It's literally insane to bet $3,000 on a bunch of boxes that likely contain anything except what's on the box labels; but on those shows (last time I watched one) they always found jars full of gold coins, or boxes of brand-new high-end electronics. Seriously, who stores a Mason jar full of gold in a storage locker? Just how cramped must your home be before you don't have room for a Mason jar? It didn't take too many shows for me to figure out that the shows are puff pieces designed to get idiots to show up at auctions and blow their life savings on old mattresses and cribs and copies of Reader's Digest. And they need a constant fresh supply of idiots, because even idiots won't do that twice.

You can survive spending $50 each on 10 lots, because the odds are that you'll find more than $500 worth of stuff to sell at flea markets or eBay. But unless you see a Cutts Compensator sticking up out of a box, I wouldn't gamble on any guns being in your typical storage bin. It's stuff that is halfway to being thrown away.

The only exception is people stationed overseas who put all their stuff into storage, then die. I wouldn't feel so great about profiting from that.

You can't privately import any gun that comes from the resident of another state; federal law requires you to use an FFL between you and the seller/transferor, with limited exceptions, mostly for bona fide heirs of estates, sometimes if you send a gun back to the manufacturer for repair. But you can acquire a gun in another state while you reside there, and bring it with you if you change state residences. If you play games with that, pretend that you "moved to Kentucky" for a weekend while you went to a gun show and bought some guns, that can bite you in the ass.

[Tommy T]

This post does bring up the interesting question of "found" guns". There are many discussions on gun transfers from one legal owner to another, from relatives, etc, but I don't ever remember seeing an authoritative post on coming into possession of a "found" gun, where no owner is known to the finder.

If I found a gun on a street, had a police contact who ran it a month later, and he told me there is no record of a theft in the NCIC, have I violated any law by keeping it?

Likewise, say I found a handgun in the attic of the house I bought 35 years ago. I have no way of knowing who the prior owner was. Is there any legal prohibition against me keeping it, and not reporting taking possession of it to the authorities.

If anyone is knowledgeable about such matters, it would be interesting to hear from them

[unclejumbo]

This post does bring up the interesting question of "found" guns". There are many discussions on gun transfers from one legal owner to another, from relatives, etc, but I don't ever remember seeing an authoritative post on coming into possession of a "found" gun, where no owner is known to the finder.

If I found a gun on a street, had a police contact who ran it a month later, and he told me there is no record of a theft in the NCIC, have I violated any law by keeping it?

Likewise, say I found a handgun in the attic of the house I bought 35 years ago. I have no way of knowing who the prior owner was. Is there any legal prohibition against me keeping it, and not reporting taking possession of it to the authorities.

If anyone is knowledgeable about such matters, it would be interesting to hear from them

Taking found property, IE laying on the ground, street etc. is theft. You have to turn it over to the police and they will advertise the found property to try and unite it with the owner. Once it sits for a sufficient length of time, it will go back to the finder. PSPs casino detail actually run stings where they will toss a $100 bill on the ground and wait for someone to find it and pocket it. I think it's shit but it is theft.

The gun found in a house you purchased, to the best of my knowledge, would be a part of the transfer of the house.

[free]

...mostly for bona fide heirs of estates...

Would you mind expanding on what constitutes "bona fide" ?

Particularly, if dad dies, and mom says, "he wanted you to have this" (where "this" is some 500 non-NFA guns of all kinds, including rifles, pistols, shotguns), would that qualify?

And yes - I know a will is the way to go - but for various reasons involving dad's total and complete irresponsibility when it comes to legal or financial matters - as demonstrated by a lifetime of poor decision-making and judgement in these areas - that would never happen. Added bonus: dad is former "from home" FFL and at least some of said guns undoubtedly went through his books.

[free]

PSPs casino detail actually run stings where they will toss a $100 bill on the ground and wait for someone to find it and pocket it.

I wonder how successful one might be if one claimed to have LOST a $100 bill in the casino - and saw this one, and thought it was the one they lost, since it looks JUST LIKE the $100 bill they lost.

Sounds like reasonable doubt to me. I know if I am on the jury, my vote will be "not guilty".

[GunLawyer001]

Would you mind expanding on what constitutes "bona fide" ?

Particularly, if dad dies, and mom says, "he wanted you to have this" (where "this" is some 500 non-NFA guns of all kinds, including rifles, pistols, shotguns), would that qualify?

. . .

If you're named in the Will, or are next in line in the order of intestacy, you could be a bona fide heir for our purposes. Even if you're not scheduled to inherit because your mother gets it all, she could disclaim part of her share, triggering the intestacy rules.

[Parrisk]

"Storage Wars" is BS! "YUUUUP" Dave actually took the producers of the show to court because they were not "seeding" his lockers with stuff as valuable as for other people on the show.
It was confirmed all lockers are opened off camera, searched for contraband then seeded.

I did a storage auction once. Everyone was required to sign a legal sheet that as a minimum stipulated:
-How long between winning and payment and methods of payment
-How long between winning and storage had to be cleared out
-Winning Bidder was required to clear out and dispose of EVERYTHING in the storage unit in accordance with current applicable laws ie HazMat
-Winning Bidder is required to notify local law enforcement of any illegal items or contraband
-Winning Bidder is required to notify Law Enforcement and Internal Revenue Service of any monetary finds in excess of $10000.00
-Winning Bidder is responsible for any and all fees and costs arising from taking possession of storage unit contents

Those are not the Exact words, been a awhile.. but that was the meat of the paperwork.. basically holding the action company and storage company free from any encumbrance and if you leave anything behind, including dirt, you would be charged for disposal.