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  #1  
Old 12-05-2012, 9:14 PM
wastemore wastemore is offline
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Default Looking for advice...

Local P.D is in possession of recovered handgun-
Handgun belongs to spouse(husband) who's recently deceased-
Wife has possesses completed eligibility form and is eligible-
All possessions left to wife-

Is she required to DROS?

Thank you in advance.
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  #2  
Old 12-05-2012, 9:47 PM
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Librarian Librarian is offline
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Quote:
Originally Posted by wastemore View Post
Local P.D is in possession of recovered handgun-
Handgun belongs to spouse(husband) who's recently deceased-
Wife has possesses completed eligibility form and is eligible-
All possessions left to wife-

Is she required to DROS?

Thank you in advance.
No. Completed LEGR form suffices to recover the property held by PD.

In ordinary circumstances without PD, she would file an OPLAW form as beneficiary from his estate; in this case, I believe that's covered with the LEGR (but wouldn't hurt to spend the $19 to cover all the bases.)
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  #3  
Old 12-06-2012, 8:29 AM
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kemasa kemasa is offline
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If the handgun is not listed in her name, the police might not release it to her and that would mean that an FFL would need to pick it up, then it would have to have the DROS submitted. The other option is for her to fill out the OPLAW form to get it in her name, then it can be released directly to her.

The bottom line is that it depends on the police department and officers involved.

I had a customer who had a firearm taken by LAPD. It was not registered to him because there was no requirement that it be transferred through a FFL nor fill out the OPLAW form when he received it. LAPD knew where they got it and knew he was not prohibited (LEGR form), but refused to directly give it back to him, so I had to pick it up and do all the paperwork.
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  #4  
Old 12-06-2012, 5:24 PM
wastemore wastemore is offline
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Thank you for your help.
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