Can I throw a gun away?

**Whiskey Delta** · November 19th, 2008, 07:23 PM

Originally Posted by Brick

So lets expand the question a little. Let's say, I have a Series 70 Colt Gov't Model that at one time was my favorite Bullseye pistol. During the early 80's I had a frame mounted scope base installed so I could mount a red dot. Over the years, with much use, the frame cracked through the dust cover and bent down about 1/16". So I stripped the frame and saved all the parts as spares and now have a bare frame (which does bear the serial number and is the part considered to be the firearm), but legally how do I dispose of it?

Easiest way is to send the frame back to the manufacturer. They may issue you a replacement with the same serial number. THIS is the way to do it, IMHO.

To dispose of it? I would torch it into three pieces according to ATF specs...but I would NEVER throw it out or destroy a gun.

**benc4liberty** · November 19th, 2008, 11:23 PM

Originally Posted by ChrisF4i

Bring it to a "Gun Buy Back Program"

Might as well get some money for it

I had a similar issue with a rifle about 5 years ago when living in Maryland, and this is exactly what a MD state trooper told me to do with it.

**thelemite** · November 19th, 2008, 11:36 PM

Take a reciprocating saw to it. A few well placed cuts will take care of the worry of it being used for nefarious purposes.

**jud4420** · November 20th, 2008, 12:14 AM

Originally Posted by GunLawyer001

Throwing a gun in the trash is an unlawful transfer to the trash collection agency.

right as usual. Though i dont see any legal restriction on throwing away a rifle/shotgun providing your trash company does not cross state lines. If therse any doubt, than cut it up as others have suggested.

**GunLawyer001** · November 20th, 2008, 12:24 AM

Originally Posted by jud4420

right as usual. Though i dont see any legal restriction on throwing away a rifle/shotgun providing your trash company does not cross state lines. If therse any doubt, than cut it up as others have suggested.

A rifle or shotgun, while not subject to the transfer restrictions of the UFA, would still be the basis for "negligent entrustment" or even "reckless endangerment" liability if it fell into the wrong hands. I doubt that they exclude prohibited persons from trash pickup employment, and whatever sticks out of your trashcan is pretty much fair game for vagrants and the neighborhood kids.

Every gun has at least enough cash value to justify driving to the local gun shop, even getting $5 would pay for gas, plus you won't have to hire me in 6 months to explain to the DA how your cheap-ass gun ended up involved in the next schoolyard shooting. Even a non-working gun could be used in a robbery that ends badly.

**ReefBlue** · November 20th, 2008, 06:53 PM

Thanks for all the responses, I don't plan on throwing a gun away, I was just curious as to whether or not it was legal.

But if throwing it away is an unlawful transfer, wouldn't also mean if I throw a bag of cocaine out in the trash, the garbage co. become a drug trafficker, or if I throw out something I stole, doesn't that make them a recipient of stolen property??

**bpvet** · November 20th, 2008, 07:05 PM

Originally Posted by ReefBlue

Thanks for all the responses, I don't plan on throwing a gun away, I was just curious as to whether or not it was legal.

But if throwing it away is an unlawful transfer, wouldn't also mean if I throw a bag of cocaine out in the trash, the garbage co. become a drug trafficker, or if I throw out something I stole, doesn't that make them a recipient of stolen property??

Dude. What's in the water in your area? Are you that near a large city? Guns, drugs and stolen property........can't you find something a little nicer to throw (vote) away, like one of your anti-gun reps?

**Scud** · November 20th, 2008, 07:19 PM

Use it for a steel target.

**tdyoung58** · November 20th, 2008, 07:36 PM

Originally Posted by bpvet

Dude. What's in the water in your area? Are you that near a large city? Guns, drugs and stolen property........can't you find something a little nicer to throw (vote) away, like one of your anti-gun reps?

Location:
Phila outskirts, Pennsylvania
(Delaware County)

ummm...... yeah, he is

**GunLawyer001** · November 20th, 2008, 08:40 PM

Originally Posted by ReefBlue

....

But if throwing it away is an unlawful transfer, wouldn't also mean if I throw a bag of cocaine out in the trash, the garbage co. become a drug trafficker, or if I throw out something I stole, doesn't that make them a recipient of stolen property??

Trafficking and receiving stolen property each require an awareness on the part of the other person, plus some affirmative act, but an unlawful transfer occurs when you knowingly deliver a firearm to someone in violation of the UFA.