Car accident, who can take your firearm home?

[jcabin]

An acquaintance was in a accident the other day and had to be sent to the hospital. This got me thinking, what if I were in an accident and had to be sent to the hospital in an ambulance and perhaps stay over night at the hospital. Which means I may be in and out of consciousness, sleep will be involved at the very least. That being said, I don't want my firearm floating around in the possession of people who probably abhor these machines. Now if I was unable to have a friend who has an LTCF come and retrieve my firearm, who could? My parents, fiancee, brother, cousins? None of these people have their LTCF. I don't believe anything pertaining to this situation is outlined in the UFA. Who is legally allowed to transport my firearm back to a place of safe keeping?

[gnbrotz]

If no one available had a LTCF, then only spouse, parent, grandparent, child or grandchild could do this for you, as they are they only ones exempt from the "transfer" requirements outlined in the UFA.

[fingers80002]

The LEO's will take possesion, and not release it to anyone, without a court order.

This is my take on the scenerio, from readng past posts.
( IANAL,or LEO. Just my observation.)

[bdevil73]

If no one available had a LTCF, then only spouse, parent, grandparent, child or grandchild could do this for you, as they are they only ones exempt from the "transfer" requirements outlined in the UFA.

Isn't there still an issue with them transporting it if they don't have an LTCF since they don't fall under one of the exceptions for transporting a firearm? I would like to think that if they happened to get stopped, they LEO would give them a little latitude under the circumstances, but who knows.

[gnbrotz]

The LEO's will take possesion, and not release it to anyone, without a court order.

This is my take on the scenerio, from readng past posts.
( IANAL,or LEO. Just my observation.)

I agree and disagree.

If you were unconscious (and remained that way), your firearm - when discovered - would almost certainly be turned over to LE. Getting it back without a court order would vary, depending on what part of the state/what agency is involved. AFAIK, there is no legal requirement for them to force you to get a court order....but if they decide it's "necessary", there's not much else you can do.

There is also the potential that you would require ongoing medical care, but would remain conscious. In that case, you could give the firearm to one of the parties mentioned above before being transported from the scene.

[shefearsnothing]

Isn't there still an issue with them transporting it if they don't have an LTCF since they don't fall under one of the exceptions for transporting a firearm? I would like to think that if they happened to get stopped, they LEO would give them a little latitude under the circumstances, but who knows.

They should be exempt and really, I would hope that should they need to transport under the exemption they would not be riding around with it on the dashboard advertising it.

[fingers80002]

I agree and disagree.

If you were unconscious (and remained that way), your firearm - when discovered - would almost certainly be turned over to LE. Getting it back without a court order would vary, depending on what part of the state/what agency is involved. AFAIK, there is no legal requirement for them to force you to get a court order....but if they decide it's "necessary", there's not much else you can do.

There is also the potential that you would require ongoing medical care, but would remain conscious. In that case, you could give the firearm to one of the parties mentioned above before being transported from the scene.

I do think we are are on the same page, I did not go that far.

[bdevil73]

They should be exempt and really, I would hope that should they need to transport under the exemption they would not be riding around with it on the dashboard advertising it.

I thought the UFA prohibited those without a LTCF from transporting firearms unless it was to or from specific locations. Why would someone without a LTCF be exempt in this situation? I think it would be really lousy for a LEO to arrest soemone for this given the circumstances, but it wouldn't surprise me frmo some of the stories I have read here.

[gnbrotz]

Isn't there still an issue with them transporting it if they don't have an LTCF since they don't fall under one of the exceptions for transporting a firearm? I would like to think that if they happened to get stopped, they LEO would give them a little latitude under the circumstances, but who knows.

You make a very good point. Technically, I believe that they would indeed be in violation.

Obviously, the firearm should be unloaded. I would also recommend placing it in a locked container (if possible), IMMEDIATELY taking it directly home, and not disclosing it's presence or consenting to a search if there were any LEO interaction along the way.

[shefearsnothing]

Sorry, should have read that more carefully. A spouse would surely be exempt, no? Ok, this would come down to the vehicle the spouse was driving, wouldn't it?