return of confiscated firearms

[bobbybeester]

Ok here is the situation. About 2 years ago my girlfriend got her self in some legal trouble and had her hand gun confiscated, she did her time, but lost her firearms rights. Today she got a letter from the police department stating she had 30 days to claim her property (the confiscated handgun) so my question is this. Her being prohibited from posesing firearms how would we go about getting it back? Would we be able to go to the pd and have her claim it and then imedietly transfer the gun to me? Thanks in advance for any info anyone is able to share on this. Im actually pretty excited I just got a glock 19 about a month ago so I figured it would be atleast another year before I could get another gun. Also this is my first posts but I have been trolling these forums for several months now and have found a wealth of info without the typical "noise" that pollutes many internet forums so thanks for that too.
-BB

[knight0334]

If she is a prohibited person should would not be allowed to take possession at all.

The police would have to give them to someone who isn't prohibited. And for any handguns it would have to be directly to a FFL/sheriff to get to the recipient unless the recipient is a spouse, parent, child, grandparent, or grandchild.

I personally think it'd be best that she keeps her name and hands clear of those guns. If the police find out that she is prohibited, they may raise a fuss about releasing them to anyone closely connected to her.

Hopefully Gunlawyer will see this thread and chime in.

[SigForLife]

Because the firearm was not forfeited, while losing a possessory right, she still retains a property right. I have been successful in the past in simply explaining the situation and that he/she desires to give all property interest in the firearm to X person. They will then run a background check on X person (sometimes they want an affidavit to the effect that he/she gives all interest in the firearm to X person) and provided the person she is giving it to is not prohibited, they will turn over the gun to that person.

[bobbybeester]

Update. She called the sergeant who sent her the letter and she said the PSP had cleared her to have to the gun and that's why she got the letter. She actually had to argue with her that no she wasn't allowed to have it. So finally she agrees and says ok well then you can sell it to the local FFL and by the way I will only take it to store X because its the closest ill let you know when its there. She then calls store X to find out what they will offer her because as we understand it she dosent have to sell it to them she could transfer it to someone outside her household (or a parent spouse or child in her household) or another FFL that would give her a better price. So the guy she spoke to would not give her his offer over the phone and told her the gun is already in the case for sale basically saying 'well your a criminal and don't have any other options so your going to take whatever I give you'. Were going to the store this evening so I'm trying to get my facts straight before we go, we've decided not to keep it but I also want her to get a fair price and I'm pretty sure we could do better listing it here or atleast shopping around other FFL's. It seems to me that there would be some kind of conflict of interests if the cops could pick where your allowed to sell your property in situations like this...but I'm not sure any thoughts ?

[bobbybeester]

I nearly forgot the best part. When she asked the sergeant about transferring the gun to me a LTCF holder who dosent reside in her household she said no she couldn't do that and in fact if we ever got married i would have to get rid of my firearms and could no longer have a LTCF

[tonyfac]

why didn't she or you take possession and then sell it if neither of you wanted it. or put it for sale in the forum. why let some stranger decide what you get?

[mpan72]

It is hard to understand your post completly. Are you posting from a phone?

There is something fishey with what you have posted. I don't see how psp can approve her to have the gun but then it is sent to an ffl of the pd's choosing.

If you can clarify what has happened I am sure someone will try to help.

[mpan72]

I nearly forgot the best part. When she asked the sergeant about transferring the gun to me a LTCF holder who dosent reside in her household she said no she couldn't do that and in fact if we ever got married i would have to get rid of my firearms and could no longer have a LTCF

So is she prohibited or not?

[knight0334]

I nearly forgot the best part. When she asked the sergeant about transferring the gun to me a LTCF holder who dosent reside in her household she said no she couldn't do that and in fact if we ever got married i would have to get rid of my firearms and could no longer have a LTCF

All you would have to do is lock up all the guns and ammo into a container that only you have the key or combo to. She must have control and custody to be in violation of the law as a prohibited person.

[bobbybeester]

It is hard to understand your post completly. Are you posting from a phone?

There is something fishey with what you have posted. I don't see how psp can approve her to have the gun but then it is sent to an ffl of the pd's choosing.

If you can clarify what has happened I am sure someone will try to help.

Sorry I am posting from a phone. let me clarify. She is prohibited the gun in question was confiscated when she got in her legal trouble about 3 years ago. Last week she got a letter from the local PD saying you have 30 days to get the gun, she called back and said I'm prohibited can I transfer it to my boyfriend who doesn't live with me and is not prohibited, the sergeant she talked to said I don't think you are prohibited the reason you got this letter is because the PSP told us you were allowed to have it back, they went back and forwarth till the sergeant said let me check with PSP. She called back and said you are prohibited the only thing you can do is sell it to the local FFL so I will transfer it there. This is whats Fishy to me is both the LEO and FFL seem to be under the impression that our only option is to sell it there, we think we should be able to go to the FFL tonight transfer the gun to me and then sell it where we want. The reason I'm asking is because you would think the LEO and FFL would know what their talking about when it comes to the laws on this stuff, but everything I've been told seems to back up what I thought, she can transfer it to me at FFL and I can then sell it. And the only reason I'm not keeping it is because shes worried about the police trying to jam her up somehow even though we don't live together and even if we did all I would have to do is lock them up so she can't get them. Am I understanding that part right?