Pennsylvania Firearm Owners Association
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  1. #1
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    Default Need advice! Family member passed away n Police has handgun in custody-retrieveable?

    Over the weekend close family member passed away.
    At the scene of accident, my family member was carrying a handgun with ccw permit. Local pd confiscated it along with rest of his belongings for logging and tagging.
    The local pd has their belongings ready to be picked up but says the handgun cannot be retrieved, is this correct!?

  2. #2
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Ask the PD why it can't be picked up (assuming it was not used in a crime), and tell them to cite the law that allows them to keep it in their possession.

  3. #3
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Not used in a crime from what I'm aware it was found in the car accident

  4. #4
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Then if they refuse to surrender it to the victim's "estate", next of kin, etc., then a lawyer may be your best bet.

  5. #5
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Victim didnt have an estate (stayed with sibling) and was single no kids.

  6. #6
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    At this point, the deceased's assets are considered to be his "estate", and an administrator will be named to properly dispose/transfer of those assets. Possibly the PD wants to communicate with the administrator ? ? ?

  7. #7
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Quote Originally Posted by fst100 View Post
    Victim didn't have an estate (stayed with sibling) and was single no kids.
    My condolences to the family.

    IANAL, but from my previous experience as executor of 3 different family members...

    Did he leave a will? If no, then the estate(all his personal property) is in probate. If parents are alive, the probate estate goes to them, else the siblings inherit. If there is only one sibling, then the court will assign all assets to that sibling. The gun will then be transferred to that person. If there is more than on sibling, property may need to be sold to settle. At the moment, the PD cannot just hand the gun to the sibling.

  8. #8
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    Default Re: Need advice! Family member passed away n Police has handgun in custody-retrieveab

    Pa law allows for legal fees to be collected from the PD if this needs to be escalated to court. Maybe send a note to the PD, the DA, solicitor, and any council members who are going to sign the check when you file suit. See PA CS 6128, but there*s another, clearer rule, which should be referenced. I just can*t find it on my phone!

    Edit: found it! 6111.1 (b) (4):

    (4) The Pennsylvania State Police and any local law enforcement agency shall make all reasonable efforts to determine the lawful owner of any firearm confiscated or recovered by the Pennsylvania State Police or any local law enforcement agency and return said firearm to its lawful owner if the owner is not otherwise prohibited from possessing the firearm. When a court of law has determined that the Pennsylvania State Police or any local law enforcement agency have failed to exercise the duty under this subsection, reasonable attorney fees shall be awarded to any lawful owner of said firearm who has sought judicial enforcement of this subsection.

    https://www.legis.state.pa.us/cfdocs...n=11&subsctn=1
    Last edited by Jhaydeno; November 23rd, 2020 at 12:49 PM.
    Resistance to tyrants is obedience to God.

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