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bob_patinoembd
03-31-06, 03:21 PM
Hello... Let me just say for disclaimer... this is a hypothetical situation...

Let’s just assume that a few years back a relative needed some money, a gun (smith & Wesson 9mm) was given as collateral to hold until the money was paid back. This was back on 1995 or so.

Unfortunately this relative never paid the money back and nowadays the guy lives in another country. Furthermore the origins of such weapon are not quite clear. :confused: The relative claims that a neighbor gave it to him for safe keeping as a loaner... but never asked for it back and moved out of state.

So now in 2006... After some research... Now it becomes a big problematic issue. I'm a good citizen and I'm sure I would not have any problem to buy a gun here in California. My record is clean and never been in trouble with the law.

My question is... how do I legally make it, or register such weapon to my name. My problems are:
1) Do not know if such firearm has been used in a crime.
2) I really do not know the origin of the firearm
3) If I show up to the local police station with it... I may become a suspect (if it was used in a crime) :eek:
4) What happens.... if for some reason the police does a search in my house and they find it?
5) I cannot just throw it away... in the trash in pieces... little by little?
6) Is there a way to find about it using the serial number?

I tried calling a few local police stations in the area... but I got the run around and no one really knew (or told me) what to do.

My intention after some responses here... if trouble with the gun, then surrender it to the proper authorities. If there is nothing wrong with it... then I want to register it to my name. I want to do what is correct… I may even give such serial number if someone can check it or advise further.

Thanks for the help.

Bob.


retdetsgt
03-31-06, 03:47 PM
Depends on the state. Half my guns are unregistered because I bought them from a private party. There's nothing illegal about it here, anyway.

Legoate
03-31-06, 08:38 PM
Depends on the state. Half my guns are unregistered because I bought them from a private party. There's nothing illegal about it here, anyway.

Coming from a true Oregonian. :P

If you are from the peoples republic of CA there are all sorts of problems that come from being caught in possession of an unregistered weapon.

My take from the original post- don't take a gun of unknown origins as "collateral", there is no knowing what the history of that weapon is without going through the legal registration process. For all you know you could be holding a stolen gun used in a dozen murders.


retdetsgt
03-31-06, 08:59 PM
So in CA, if you buy a gun from a private party or move there with guns, you have to go register them?:confused: :eek:

Hell, I have a half dozen or more guns registered to me that I have no idea where they are. I sold them to private parties over the years.

Frogdiver
03-31-06, 09:20 PM
Hypothetically, Bob what state are you in?

Ironhead
03-31-06, 10:30 PM
So in CA, if you buy a gun from a private party or move there with guns, you have to go register them?

Hell, I have a half dozen or more guns registered to me that I have no idea where they are. I sold them to private parties over the years.
I think CA is like NJ and NY and DC ..... You can't buy a firearm from a private party. You both must go to an FFL and transfer it from one to the other (no required by Federal law ... but by State law (I think that's the way it works anyway.) In any case, you would have to get your permit (like in NJ) to buy a handgun and go through all the same steps as you would if you wanted to buy one from a store. I'm glad I live in Virginia :D

Bob,
If you wanted to get rid of it and didn't care about the value of it, you could throw it away piece by piece. I don't think that is the smartest thing to do and if you do take a hacksaw and cut the pieces in half as you toss them. So no one can ever use the gun again. But I don't think that is a wise idea and I wouldn't do it.

It is sad really - but just about everyone that has a Federal Firearms License knows more about the laws regarding guns than the cops do. That is a general statement, and not true for every cop, but I have found that many police officers aren't gun enthusiastis and don't know the laws.

If I were you, I think the first thing I would do is wander into a local gun store and ask your 'hypothetical question' to a gun dealer in your state. Your aim is to know the process to have the weapon legally registered in your name, that process should check the serial number angainst a database of stolen weapons. They may even want to fire it to check it against a ballistics database called NIBIN.

To answer your other questions:
1) Do not know if such firearm has been used in a crime.
This would be revealed to you in the course of registering it. Someone would run the serial number of the weaopn.

2) I really do not know the origin of the firearm
Sure you do - it has the manufacturer's name right on it. Your problem is you don't know what happened to it between manufacture and the time you got it. But unless it was used in a crime - you don't really need to care

3) If I show up to the local police station with it... I may become a suspect (if it was used in a crime)
If your firearms dealer says tranferring it legally can't be done. Call the police and ask to have an officer respond to your home. Once he gets there, tell the truth and turn it in. You would look like less of a suspect in anything that way than you would if you go caught driving on the way to the station with it

4) What happens.... if for some reason the police does a search in my house and they find it?
If you have an illegal weapon, you face charges.

5) I cannot just throw it away... in the trash in pieces... little by little
Answered already

6) Is there a way to find about it using the serial number?
See the answer to question #1

Ironhead
03-31-06, 10:33 PM
this is a hypothetical situation...

Later .......

I may even give such serial number if someone can check it or advise further.
The hypothetical serial number, on the gun that is a figment of your imagination ...... right ????

:D

retdetsgt
03-31-06, 10:42 PM
I think CA is like NJ and NY and DC ..... You can't buy a firearm from a private party. You both must go to an FFL and transfer it from one to the other (no required by Federal law ... but by State law (I think that's the way it works anyway.) In any case, you would have to get your permit (like in NJ) to buy a handgun and go through all the same steps as you would if you wanted to buy one from a store. I'm glad I live in Virginia :D



That sucks big time. Cops here buy and sell guns from one another all the time. There's a little Beretta .22 pocket gun that's been bought and sold among various cops going U/C on my dept for years. It's a great little gun to get out of a room with and fits nicely in the front or jacket pocket.

mcsap
03-31-06, 10:52 PM
In my state , all handguns MUST be transferred through a FFL dealer. PERIOD. If you live here, I can run an " all guns owned" on you by name and come up with every registered gun you own in a few minutes.

It is also illegal to use a firearm as collateral for any debt or loan.

Beyond that, I would approach the FFL dealer and see what they say if you can get it registered in your name.

Legoate
04-01-06, 07:46 PM
In CA all gun transfers must go through an FFL.

Just one of CA's quirky laws.....thanks to the NRA for the first part....If you get caught carrying a concealed gun it's a misdemeanor, however, if you get caught carrying a concealed weapon that isn't registered to you it's a felony.

Of course, I've seen someone get arrested for a felony for carrying a table leg, so who knows what you'll get arrested for in CA.

Valor55
04-01-06, 08:24 PM
Since mere possession of the gun in your state is problematic I'd be very leery of it. If it comes up stolen or involved in a crime when you turn it in it is going to cause a lot of grief for you. Personally I would dissassemble it, disable the pieces, and throw them away in pieces.

Johninaustin
04-01-06, 11:37 PM
Take it to across the border, sell it.

What model is this hypothetical Smith 9mm anyway?:D

codered
04-03-06, 04:38 AM
Hello... Let me just say for disclaimer... this is a hypothetical situation...

Let’s just assume that a few years back a relative needed some money, a gun (smith & Wesson 9mm) was given as collateral to hold until the money was paid back. This was back on 1995 or so.

Unfortunately this relative never paid the money back and nowadays the guy lives in another country. Furthermore the origins of such weapon are not quite clear. :confused: The relative claims that a neighbor gave it to him for safe keeping as a loaner... but never asked for it back and moved out of state.

So now in 2006... After some research... Now it becomes a big problematic issue. I'm a good citizen and I'm sure I would not have any problem to buy a gun here in California. My record is clean and never been in trouble with the law.

My question is... how do I legally make it, or register such weapon to my name. My problems are:
1) Do not know if such firearm has been used in a crime.
2) I really do not know the origin of the firearm
3) If I show up to the local police station with it... I may become a suspect (if it was used in a crime) :eek:
4) What happens.... if for some reason the police does a search in my house and they find it?
5) I cannot just throw it away... in the trash in pieces... little by little?
6) Is there a way to find about it using the serial number?

I tried calling a few local police stations in the area... but I got the run around and no one really knew (or told me) what to do.

My intention after some responses here... if trouble with the gun, then surrender it to the proper authorities. If there is nothing wrong with it... then I want to register it to my name. I want to do what is correct… I may even give such serial number if someone can check it or advise further.

Thanks for the help.

Bob.
(1) Do not know if firearm has been used in a crime.
(2) I really don't know the origin of the firearm.

YOU ARE AN IDIOT FOR OBTAINING THIS FIREARM!
You deserve RED! And, I quess I will be the first to give it to YOU!

Deputy757
04-03-06, 08:11 AM
In my state , all handguns MUST be transferred through a FFL dealer. PERIOD. If you live here, I can run an " all guns owned" on you by name and come up with every registered gun you own in a few minutes.

That's just wrong in so many ways!! (Not your fault-you don't make the laws)!

retdetsgt
04-03-06, 11:55 AM
(1) Do not know if firearm has been used in a crime.
(2) I really don't know the origin of the firearm.

YOU ARE AN IDIOT FOR OBTAINING THIS FIREARM!
You deserve RED! And, I quess I will be the first to give it to YOU!

Oh baloney. I've bought a half a dozen guns from various people that weren't and still aren't registered.

1. So what if the gun was used in a crime? That's not evidence he did it. All he has to know is where who he purchased the gun from and tell the police that. Is owning a gun that was once used in a crime illegal in your state?

2. The country it was made in is probably stamped on it somewhere.

I sold a gun to a gun once and got a call years later from the ATF. It was used in a robbery in San Francisco. I told them who I sold it to. BFD!

Sorry, but gun registration is too Orwellian for me.:mad:

Valor55
04-03-06, 12:02 PM
Sorry, but gun registration is too Orwellian for me.:mad:
I could't agree more!

retdetsgt
04-03-06, 04:43 PM
In my state , all handguns MUST be transferred through a FFL dealer. PERIOD. If you live here, I can run an " all guns owned" on you by name and come up with every registered gun you own in a few minutes.



Wow, no offense but there is no way I would live in a state like that. We have no gun registration other than federal. And in all my years of investigating felonies involving guns I can't think of one time that I wished we had gun registration. In fact, the only time I ever contacted ATF regarding a gun was when they were prosecuting people for mulitple gun involved crimes.

To be honest, I avoid buying a gun from a gun dealer just because of that. Almost all of the guns I have ever bought have been used ones from private individuals. I've never shot any particular gun enough to come close to wearing one out, so I'd rather save money AND not having the government know what guns I own.

There isn't nearly good enough reason for it. Besides, I'd like to know how many crooks in those states have registered their guns!:rolleyes:

bob_patinoembd
04-06-06, 05:54 PM
Thank you for all the responces. I guess if I had known earlier... I would have never accepted such gun as colateral. But again... family.

And yes... I can produce such serical number if someone can check it.

Thanks

retdetsgt
04-06-06, 06:11 PM
Thank you for all the responces. I guess if I had known earlier... I would have never accepted such gun as colateral. But again... family.

And yes... I can produce such serical number if someone can check it.

Thanks

Take it to your local police dept to have that done.

Joeyd6
04-06-06, 08:14 PM
What State are you in?

-I ask becuase some pleaces,liek here in NYC have a "No questions asked policy." You bring us any gun, and no questions asked, we take it from you, and gibe you $100.

If here in NY, considering what you said, I would share some info with the cops. That way when teh serial number is run and it hits on 3 murders, you don't end up getting hunted down.


But you got excellentadvice above. Hit up a local gun shop for your state specifics!

steelcityk9cop
04-06-06, 09:51 PM
I know a guy that just failed his PSP background investigation because of an unregistered rifle he brought back from overseas a few years ago when he was in the Air Force....bad juju.

Deputy757
04-07-06, 10:30 PM
I know a guy that just failed his PSP background investigation because of an unregistered rifle he brought back from overseas a few years ago when he was in the Air Force....bad juju.
I can understand this sort of thing because it's illegal from the get go. However, simply buying a handgun from another individual shouldn't be a problem. And don't get me started on registration!! :mad:

K-9MALY
04-08-06, 11:25 AM
I work for the G, but no way in hell do I condone the way they want to know about all my shooting irons. Coming from the South where I did, its natural to have lots of guns in the home, some you buy, and some just keep getting handed down each generation. I have numerous weapons here, and I'd say only half are registered. I live in NY now, and I cannot believe how liberal and full of B.S. this place is with its gun laws. :mad:



"An invasion of mainland America will be doomed to ultimate failure because behind every rock and bush will be a rifle."

Admiral Yamamoto of the Japanese Imperial Navy stating his reason for not invading the U.S. in World War II