Legal timing/sequence question

**bug** · February 14th, 2009, 06:07 PM

If an FFL is charged with a felony that would prohibit gun ownership, what becomes of his license? How about his inventory and personal collection.

I know very little of the sequence in criminal processes. Sould an individual awaiting a jury trial for multiple felonies with a date already set still be in posession of firearms or using his FFL? How would something like this be handled? and by whom? TIA

Bob D

**Xringshooter** · February 14th, 2009, 08:21 PM

The license would have to be turned in to the BATFE and he would have a certain amount of time to liquidate his inventory and personal collection IF he is found guilty.

In many cases they will either secure the firearms at that Sheriff's Department or Police Department but the owner can get another person to secure them for him. That person will take possession of all the firearms and all the firearms are inventoried prior to his accepting them and he signs paperwork stating that he will not allow the accused access to the firearms.

Prior to the trial they may ask him to suspend his business (if small), but I'm not a lawyer so I don't know for sure. If it were a large business, that has been incorporated, etc. there probably would be an injunction stating that the business can continue but he can not handle any of the firearms.

**bug** · February 15th, 2009, 01:43 PM

Thanks Ron. I guess my main question is, when is he required to give up posession? When he is indicted, or when he is convicted?

Bob D

**Xringshooter** · February 15th, 2009, 03:20 PM

The BATFE can pull your licencse whenever they want to. If they were involved in the investigation (or brought in after the fact) they would probably pull it immediately and if the charges are concerning dealing of firearms problems they will confiscate all the firearms at that time also. If nothing becomes of it then they will return everthing they took and reinstate the license. Other than that I don't know how the operate.