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hornswaggled
11-26-2012, 11:22 AM
Completely hypothetical of course... If someone were to lose a parent who had in his possession a firearm acquired through sketchy means, what would that person's legal responsibilities be in dealing with that item in the estate?

Glock22Fan
11-26-2012, 11:33 AM
Completely hypothetical, if the owner of the sketchy gun was deceased, they could hardly be prosecuted.

So, if the new owner, in good faith, transferred the gun to himself, then he's done nothing wrong, but might lose the gun if it turned out to be stolen.

So it seems to me, but I am no lawyer.

corcoraj2002
11-26-2012, 11:43 AM
Since it is an inherited gun when you volreg it, if it is stolen or known as scatchy to the plod, you will get a call or visit.

The Cable Guy
11-26-2012, 11:51 AM
Speaking of voluntary registration, does this apply for firearms that are found? Say in a storage locker, or in the attic, etc? So long as its not stolen you're okay?

bwiese
11-26-2012, 12:06 PM
If 'sketchy' means perhaps some missing paperwork in its pas but the gun was legal (i.e., not AW, SBR, etc.) then the papering during transfer should be enough to protect the new owner.

If 'sketchy' means *STOLEN", that's a whole 'nuther thing. I'm surprised someone would even WANT to own someone else's stolen property. The inheritor may not get in legal trouble but he could lose the gun. Why have a cloud hanging over you for a few hundred bux?

hornswaggled
11-26-2012, 12:27 PM
Let's say sketchy means it was purchased in a "hey buddy, buy a watch?" type of encounter by said parent while alive.

Decoligny
11-26-2012, 12:40 PM
If "sketchy" means your parent was told by "Jimmy No-Nose" to dispose of said firearm, and he didn't dump it in the East River as expected, you have a major problem. :rolleyes:

Decoligny
11-26-2012, 12:44 PM
Let's say sketchy means it was purchased in a "hey buddy, buy a watch?" type of encounter by said parent while alive.

Most likely if it was sold by someone on the street in a "Hey, need a gun, I got one here for cheap!" scenario, then most likely the gun was stolen. People don't usually sell there legally owned guns like that.

If you do the volreg form, and it comes back as stolen, you will most likely lose the firearm to the police. They will either return it to its rightful owner, or if the owner is not located, it will be melted into rebar.

RP1911
11-26-2012, 12:44 PM
What year did this hypotethical activity occur?

SilverTauron
11-26-2012, 12:47 PM
Completely hypothetical of course... If someone were to lose a parent who had in his possession a firearm acquired through sketchy means, what would that person's legal responsibilities be in dealing with that item in the estate?

It depends on what the word "sketchy" means.

If that's defined as missing some paperwork , then its a fixable issue.

If that word means "stolen property/took the gun off a bad guy when he tried to rob me" , do yourself a favor and get rid of that liability ASAP. The government's got enough ways to end your gun collecting days without giving them an engraved invite.

hornswaggled
11-26-2012, 1:12 PM
It's not me (both parents are alive and anti-gun ex-60s hippie radicals) btw. Just a hypothetical question that I didn't know the answer to. I'm guessing someone couldn't just call a PD gun desk and ask, "Sooo.... Was a guun with serial number xxx stolen back in the 80s?"

friedokra
11-26-2012, 1:33 PM
If it was acquired back in the 80's, handguns weren't required to be registered.

Librarian
11-26-2012, 2:00 PM
It's not me (both parents are alive and anti-gun ex-60s hippie radicals) btw. Just a hypothetical question that I didn't know the answer to. I'm guessing someone couldn't just call a PD gun desk and ask, "Sooo.... Was a guun with serial number xxx stolen back in the 80s?"

If it was acquired back in the 80's, handguns weren't required to be registered.

Well, guns are STILL not required to be registered - but transfer through an FFL was required starting in 1991, and handguns are registered via DROS (and have been since at least 1924; long guns will get the same information collection and reporting as handguns beginning 2014).

But if a gun were reported stolen, no reason for it to ever fall off the list of stolen guns unless it is recovered.

gunsmith
11-26-2012, 3:01 PM
It's not me (both parents are alive and anti-gun ex-60s hippie radicals) btw. Just a hypothetical question that I didn't know the answer to. I'm guessing someone couldn't just call a PD gun desk and ask, "Sooo.... Was a guun with serial number xxx stolen back in the 80s?"


Here in America you can buy a gun face to face (ftf) so what I do is call my brother ( he's a cop back east in socialist occupied NY ) and have him run the digits.

I had a similar situation, I borrowed 200 bucks off a roomate 10 or 15 yrs ago and he kept my rifle in his room as collateral, he died and his son took the rifle. I was never sure what to do about it, son was difficult to find.
I ended up listing it as lost because his dad was a cool guy and I didn't want to jam the son who was a firefighter but I needed to dot my i's and cross my t's as Cali can suck in fluid situations like that.
His dad never owned anyregistered guns and died shortly after it started.

FXR
11-26-2012, 3:45 PM
Here in America you can buy a gun face to face (ftf) so what I do is call my brother ( he's a cop back east in socialist occupied NY ) and have him run the digits. [...]

I wouldn't advertise this; it can't be legal for a cop to reveal privileged LE information to a civilian. Not saying the NYPD is going to come kick in your door, but you might get your brother into some hot water at work if it comes to light that he's using LE resources and possibly time for personal reasons.

ClarenceBoddicker
11-26-2012, 4:32 PM
I "sold back" a few questionable guns for $250 each with no ID & no questions asked at the last good gun "buy back", which was in Oakland. Parting it out would be another option. Pistol parts kits without frames sell pretty good on Gunbroker & most are LE confiscated guns. Just don't sell any parts with the SN if there is a problem or question. Be advised if you turn in the gun to LE, they most likely will sell it on Gunbroker - the frame & possibly any parts with the SN. Many to most guns like that never get returned to the rightful owners or heirs.

Dragunov
11-26-2012, 5:01 PM
Completely hypothetical of course... If someone were to lose a parent who had in his possession a firearm acquired through sketchy means, what would that person's legal responsibilities be in dealing with that item in the estate?Hypothetically speaking..... Stick it in your closet and STFU.

OHOD
11-26-2012, 5:14 PM
I always ask myself, "What is the right thing to do?"

Meplat
11-26-2012, 6:42 PM
If "sketchy" means your parent was told by "Jimmy No-Nose" to dispose of said firearm, and he didn't dump it in the East River as expected, you have a major problem. :rolleyes:

Not if you know how to get to the east river!:43:

boarder010
11-26-2012, 7:48 PM
I always ask myself, "What is the right thing to do?"

so I'm curious as to what most people would chose to do: take it and not ask questions OR file the paperwork and risk losing it?

unless it's a long gun and then at least you wouldn't have to file...at least until 01/2014 hah

Carnivore
11-26-2012, 8:08 PM
so I'm curious as to what most people would chose to do: take it and not ask questions OR file the paperwork and risk losing it?

unless it's a long gun and then at least you wouldn't have to file...at least until 01/2014 hah

A gun that is unusable is a wasted firearm. Just register it and hope for the best. If stolen and you are caught shooting in the desert or something it is going to be difficult to say, "no really, it was my dads".

mud99
11-26-2012, 8:18 PM
I'm fairly certain anyone on these forums would purposefully do things the legal way.

As far as others? I have met far too many people who dont know or care at all whether their gun is legal or not, and who would never bother doing a legal transfer.

SanPedroShooter
11-26-2012, 8:40 PM
I'm fairly certain anyone on these forums would purposefully do things the legal way.

As far as others? I have met far too many people who dont know or care at all whether their gun is legal or not, and who would never bother doing a legal transfer.

Judging by the extremely low number of people that bothered to register their 'AWs' back in the day, coupled with the examples of people that have such little knowledge of California's byzantine gun laws, I would not be suprised to hear of people buying and selling guns privately all day long.

I work with a lot of older guys that dont seem to give a **** about whatever new (like anything since 1990 new) gun laws in California. They always seemed to be unimpressed and dismissive when I explain that this or that is illegal now...

Sometimes it seems like the people on CGN are the only ones that pay attention to CA gun laws.

I would just volreg it in my name and call it good. If it comes back stolen then its gone although you may have some 'splainin to do.

Just how sketchy is sketchy?

saki302
11-27-2012, 2:10 AM
Do the Voreg.

Worst case scenario- the inherited gun is stolen, and gets returned to the rightful owner (maybe). Still a win in my book.

Best care- it's regged to you and you can keep it legally.

What would you have to lose?

Un-papered AWs would require demilling. Parts kits can be rebuilt or sold- receivers can be cut/torched and junked.

-Dave

gunsmith
12-02-2012, 7:04 PM
Judging by the extremely low number of people that bothered to register their 'AWs' back in the day, coupled with the examples of people that have such little knowledge of California's byzantine gun laws, I would not be suprised to hear of people buying and selling guns privately all day long.

I work with a lot of older guys that dont seem to give a **** about whatever new (like anything since 1990 new) gun laws in California. They always seemed to be unimpressed and dismissive when I explain that this or that is illegal now...

Sometimes it seems like the people on CGN are the only ones that pay attention to CA gun laws.

I would just volreg it in my name and call it good. If it comes back stolen then its gone although you may have some 'splainin to do.

Just how sketchy is sketchy?


This.

An ex girlfriends dad is a Democrat union guy with considerable local pull in soCal politics.

The guy is in his late sixties, early seventies & still thinks the gun laws have not changed since then, insist loaded open carry is legal, that you can give/get rifles as gifts with no transfers.

He doesn't do much shooting except for the occasional trap/skeet and then its more about drinking then anything else.

He will drive around with a loaded shotgun in the trunk and swear its legal.

California is filled to the brim with guys like him, oddly enough they all think the D party excrement smells like rose too.