Okay Legal Eagles, Here's One For You

[dc dalton]

True story, actually happening as we speak.

Friend of mine loaned a gun to one of his friends, both are valid LTCF holders.

This friend of his gets busted with pot plants in his yard, charged with intent to distribute, etc etc. The DA gives him a deal to bring the charges down if the guy signs over his car, a bunch of other property including the gun to them. Guy takes the deal.

Then the local police run the serial number and the gun comes back registered to my friend. They call him and have him come in. They tell him if he does not sign the gun over to them they are going to charge him with illegal transfer of a firearm. He shows them the law (UFA section 2115) and tells them that the guy was borrowing the gun and that he had given him a deposit to eventually buy the gun. They basically tell him tough shit, sign over the gun or we charge you.

Of course he is up my ass wondering what to do, I told him it's his deal that he either:

a. sign the freaking gun over

b. hire a lawyer and try and get the gun back

c. Allow them to charge him, at which point he gets a free lawyer and march into court with the UFA and plead the case.

It's a stupid situation I admit and this friend of mine is a bit nuts when it comes to freedoms and fighting city hall but what bothers me is the fact the police are threatening him with this charge, just doesn't seem right.

Granted I may not have all the facts, but I think I have most of them.

Opinions?

[BimmerJon]

D. Shouldve kept his mouth shut?

Did he incriminate himself by telling the cop money was exchanged for the firearm?

That is more a purchase than a loan, like lay-away

Although, the money could've been exchanged as a collateral to secure the loan.
I think the statute says that is ok

If he said nothing, he wouldve had 2 legs to stand on.

[spooter66]

I think you pretty much covered his options.

Personally, I would call their bluff and say charge me and I'll see you in court. Don't take any plea deals, take it to a jury. I think even a public defender can handle this one.

[phillykev]

c. Allow them to charge him, at which point he gets a free lawyer

You don't just get free lawyers unless you can prove you have no means of obtaining one on your own. And even then, if found guilty, you'll have a judgment against you to reimburse them for the costs.

[dc dalton]

D. Shouldve kept his mouth shut?

Did he incriminate himself by telling the cop money was exchanged for the firearm?

That is more a purchase than a loan, like law-away

If he said nothing, he wouldve had 2 legs to stand on.

Yeah his big mouth got the best of him and that's where I was looking for the opinion, I think he shot himself in the foot personally.

You don't just get free lawyers unless you can prove you have no means of obtaining one on your own. And even then, if found guilty, you'll have a judgment against you to reimburse them for the costs.

Oh trust me he will get one, the guy doesn't have a pot to piss in

[WhiteFeather]

True story, actually happening as we speak.

Friend of mine loaned a gun to one of his friends, both are valid LTCF holders.

This friend of his gets busted with pot plants in his yard, charged with intent to distribute, etc etc. The DA gives him a deal to bring the charges down if the guy signs over his car, a bunch of other property including the gun to them. Guy takes the deal.

Then the local police run the serial number and the gun comes back registered to my friend. They call him and have him come in. They tell him if he does not sign the gun over to them they are going to charge him with illegal transfer of a firearm. He shows them the law (UFA section 2115) and tells them that the guy was borrowing the gun and that he had given him a deposit to eventually buy the gun. They basically tell him tough shit, sign over the gun or we charge you.

Of course he is up my ass wondering what to do, I told him it's his deal that he either:

a. sign the freaking gun over

b. hire a lawyer and try and get the gun back

c. Allow them to charge him, at which point he gets a free lawyer and march into court with the UFA and plead the case.

It's a stupid situation I admit and this friend of mine is a bit nuts when it comes to freedoms and fighting city hall but what bothers me is the fact the police are threatening him with this charge, just doesn't seem right.

Granted I may not have all the facts, but I think I have most of them.

Opinions?

Contact Kim Stolfer or call the DA office what can it hurt and ask for the return of his property.

guy doing a deal can't give up what don't belong to him. Also they can steal his firearm, but if he is dumb enough to give up his rights, through intimidation etc than he don't got a complaint now does he about losing his freedoms do he?

freedoms can ONLY ge enjoyed by those willing to fight for them.

[dc dalton]

Contact Kim Stolfer or call the DA office what can it hurt and ask for the return of his property.

The gun is not with the DA, it's with the local police. They are the ones threatening him.

Have to wait for him to call me back, last I heard he was calling another lawyer

[Ricochet]

I think you pretty much covered his options.

Personally, I would call their bluff and say charge me and I'll see you in court. Don't take any plea deals, take it to a jury. I think even a public defender can handle this one.

I agree.
As long as no money was exchanged for the firearm, fight it.

Make the court lose all the money at trial that they would gain from this guy having to turn over his assets.

The drug war is bullshit.

[dc dalton]

I agree.
As long as no money was exchanged for the firearm, fight it.

Make the court lose all the money at trial that they would gain from this guy having to turn over his assets.

The drug war is bullshit.

WOAH! I just realized what you and the quoted post were talking about.

We have two different people here, my friend, who is the owner of the gun and the one being threatened with illegal sale of a firearm

and then his friend, that got busted for the pot plants and accepted the deal from the DA for a reduced charge (or sentence, not sure which it was)

Lastly my friend DID tell the police he received a 'deposit' from the guy while the guy was borrowing the gun (stupid him) but that the 2nd guy hadn't finished paying for it ... this is the thing I have a huge issue with.

[WhiteFeather]

The gun is not with the DA, it's with the local police. They are the ones threatening him.

Have to wait for him to call me back, last I heard he was calling another lawyer

I understand that, the DA made the deal, might not have been aware of ownership problem. The police are the ones trying to steal the gun and the DA holds their leash.

Sometime a simple solution is sometimes the best approach first to take, if nothing else shows the DA the measure of your resolve and the DA will still have to sign off anyway in the release of the firearm the police now have.

Besides the DA might not be aware of the threat to do this or.....else

Lots of people are not ready to spend more than the cost of the firearm with a lawyer bill, police know this.

I make lots of complaints here about the DA's not doing their jobs not all of them are bad people, cheaper to just ask in the DA first and lots won't like to hear about police threat to sign this or else...BS..