Pennsylvania Firearm Owners Association
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  1. #1
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    Default Guns confiscated by police. What needs to be done to get them back?

    I have a question for the legal experts here.

    My girlfriend's dad (a PA resident) had a mild stroke and was acting erratically. His wife had him taken to the hospital against his wishes and unfortunately the police had to come and make sure we went willingly. They ended up confiscating his guns.

    He's out now but my girlfriend wants to retrieve his guns for him since they belong to him but she doesn't want him to have them since he's not mentally fit at this point but keep them in the family and possibly get a CCW herself. Her father has agreed that he doesn't want the guns in the house but would like her to have them since he did buy them legally and they belong to him and wants to keep them in the family.

    She called the police station and they informed her that she needs to get a court order to get the guns back. Does he need to sign some kind of affidavit and legally transfer the guns to her? What is the process?

    Thanks in advance!

  2. #2
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    Douglassville, Pennsylvania
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    As long as she is not a prohibited person he can just give them all to her. I can't help on the po leece and getting them back, I'm not so sure they had the right to take them. What prompted them to take them?

    Edit: A determination of not being mentally fit might change the above.
    Self defense is not a crime: Free Kyle Rittenhouse

  3. #3
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    Jan 2007
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    State College, Pennsylvania
    (Centre County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Due to your location (MD), my first question is; Is she a PA resident? If so, an affidavit can be written up and signed by him giving her the firearms, all of them. If she is not a PA resident it gets a bit more complicated. I believe the firearms can be given back to his wife if papers have been drawn up stating that she is his caretaker.

    Best bet is to contact the courthouse first to see what the clerks there say as to what paperwork is needed and then get a lawyer who is versed in reclaiming property seized by police.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  4. #4
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    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Quote Originally Posted by Walleye Hunter View Post
    As long as she is not a prohibited person he can just give them all to her. I can't help on the po leece and getting them back, I'm not so sure they had the right to take them. What prompted them to take them?

    Edit: A determination of not being mentally fit might change the above.
    Disagree. OP (and presumably the girlfriend) are MD residents. Current owner is a PA resident. "Giving them to her" requires an FFL. If any handguns are involved, that FFL must be in MD.

    The court order shouldn't be too big of a hurdle if the stated intent is for them to be delivered directly to an FFL for disposition. The intended new home shouldn't be relevant the the police or courts, so long as they are satisfied that the now prohibited owner won't have to have any further access to them, even briefly.
    Get your "Guns Save Lives" stickers today! PM for more info.

  5. #5
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Somehow I missed that MD part, yous guys are right.
    Self defense is not a crime: Free Kyle Rittenhouse

  6. #6
    Join Date
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Seek legal help. The last thing you need is a bunch of internet shit house lawyers giving you bad advice.

  7. #7
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    North West, Pennsylvania
    (Erie County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Quote Originally Posted by DukeConnor View Post
    Seek legal help. The last thing you need is a bunch of internet shit house lawyers giving you bad advice.
    ^^^^This
    They call me "Simple Jack".

  8. #8
    Join Date
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Well, if your gonna call me a shithouse lawyer, I'll stay out of it!
    Constitutional recognition of gun rights has become Demoncratted

  9. #9
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    what about us shithouse basement lawyers?
    (they sub letted)
    Derrion Albert was my Hero.

  10. #10
    Join Date
    Dec 2014
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    lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Guns confiscated by police. What needs to be done to get them back?

    Quote Originally Posted by bigandy1966 View Post
    what about us shithouse basement lawyers?
    (they sub letted)

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