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  #41  
Old 07-07-2018, 4:20 PM
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Quote:
Originally Posted by shafferds View Post
Is this a parody thread on the guy who left his shotgun under the bed?
has to be.
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  #42  
Old 07-07-2018, 5:22 PM
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http://www.calguns.net/calgunforum/s....php?t=1461173
this thread reaks of suspicion!!
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  #43  
Old 07-07-2018, 5:28 PM
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even an old gun, could have been DROS'd more recently, and therefore registered. My biggest fear would be that it has already been reported stolen. I would hate to have to explain that to police, why you have a stolen firearm. "it was there when I moved in years ago" doesn't sound like it would go over well. Leaving it under the bed doesn't wholly prevent them from finding it, your cellphone could catch on fire while charging next to your bed and the firefighters come across it, something like that.
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  #44  
Old 07-07-2018, 5:29 PM
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Check with bloopiejones, could be his!!
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  #45  
Old 07-07-2018, 5:43 PM
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its been there for years, well long guns weren't registered to people by serial numbers at dros til 2014 I think and firearms could be bought and sold cash and carry in ca. up until 1991
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  #46  
Old 07-07-2018, 6:53 PM
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Throw it in the trash piece by piece, far away neighbors trash that is
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  #47  
Old 07-07-2018, 7:16 PM
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Fire it asap
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  #48  
Old 07-07-2018, 7:20 PM
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Quote:
Originally Posted by fiddletown View Post
Furthermore, under California law,
Under California law, should I self report going over the speed limit?
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  #49  
Old 07-07-2018, 7:31 PM
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Originally Posted by 67Cuda View Post
Under California law, should I self report going over the speed limit?
Kind of depends who's blood in your trunk.

Or in this case all over the barrel. Would suck to be the guy who illegally took possession of someone else's firearm and had the LEO's later discover Jimmy Hoffa's blood in the cracks.
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  #50  
Old 07-07-2018, 8:07 PM
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Dont ask dont tell...

One of those good candidate guns to bury somewhere incase of SHTF if you are into that what if kinda stuff ha

That or gun buy back if its a just a junker or it will be taken away by the cops anyways if you report it. Free cash to buy more gun stuff.
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  #51  
Old 07-07-2018, 8:59 PM
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Hello again! To answer a couple of questions.

1. I took another look at the gun today. It is a Remington 7400 rifle chambered in .30-06 Springfield. It is not a shotgun.
2. The gun belongs/belonged to the owner of the rental house.
3. The owner mentioned in 2. is now dead. The tenants pay rent to his wife. Wife lives in Florida. Does not care about much.
4. Yes, the guy renting the house really had no idea what was under his bed and when he found out, he ignored it for a long time.
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  #52  
Old 07-07-2018, 9:26 PM
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Quote:
Originally Posted by DawidDabrowski View Post
...3. The owner mentioned in 2. is now dead. The tenants pay rent to his wife. Wife lives in Florida. Does not care about much....
Nonetheless, the gun belongs to the widow. She may give it to the current tenant, but California law requires that the transfer go through a California FFL.
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  #53  
Old 07-08-2018, 3:15 PM
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Quote:
Originally Posted by CaliforniaCowboy View Post
Go get your fingerprints on the murder weapon.
Yeah, watch out! Cops might do a ballistics test!
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  #54  
Old 07-08-2018, 4:33 PM
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Hi OP,

Have your buddy pull out the gun without touching the trigger. Open the bolt and ensure gun is empty or keep working the bolt till it is empty. Then put it back.

Really, your buddy can turn it in to the police or say to himself. "Wow, free gun woo hoo.

What he does is up to him. If he keeps it he will probably get away with it as long guns were not required to be registered until recently and there are millions of non registered guns in this state. He will get in trouble if it was stolen but from your story it seems not stolen.

Personally, a clear conscience is the softest pillow. But that is just me. I'd turn it in. Or leave it under the bed for the next tenant.
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Last edited by cannon; 07-08-2018 at 9:53 PM..
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  #55  
Old 07-08-2018, 6:28 PM
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One morning I shot an Elephant in my pajamas.
How he got into my pajamas I'll never know.

Have whatever agency will do it, run the serial. You are looking to buy this
gun and want to be careful and check it out before buying.
If it comes back clean ..."Hello Mr. new-to-me Shotgun".

Then the easy part, keep your mouth shut!

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  #56  
Old 07-09-2018, 6:08 AM
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  #57  
Old 07-09-2018, 7:36 PM
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Free gun???😁
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  #58  
Old 07-09-2018, 8:00 PM
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I'm disappointed,
Almost 3 pages and we dont know what type of shotty.

Your friend should clean more often.
Tell him to wipe it down when he's done inspecting it.

Last edited by RTE; 07-09-2018 at 8:07 PM..
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  #59  
Old 07-09-2018, 8:47 PM
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Quote:
Originally Posted by RTE View Post
I'm disappointed,
Almost 3 pages and we dont know what type of shotty.

Your friend should clean more often.
Tell him to wipe it down when he's done inspecting it.
Check out post 51. Itís actually a rifle, not a shotgun. Remington 7400 rifle in .30-06

Sadly that means my family heirloom shotgun is still missing. Lol
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  #60  
Old 07-09-2018, 9:30 PM
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Sounds like OP's buddy hasn't had a lady friend visit in years. If she had, either he would've vacuumed or the lady friend would've vacuumed after making him a sammich.
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  #61  
Old 07-10-2018, 5:47 AM
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If they just want it gone, out of sight and mind, then let me know.

They can let me into the bedroom. And when I leave, it will be like it was never there, never existed, and never happened.
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  #62  
Old 07-10-2018, 6:58 PM
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This has got to be a parody thread in response to the guy who forgot his shotgun under a bed at a rental..... Or maybe vise versa!
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  #63  
Old 07-11-2018, 5:35 AM
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So if the tenant offered the widow a little $ for the rifle, and she agreed to send a letter to the tenant agreeing to the sale transaction (essentially a hand written bill of sale), could the tenant then legally take the rifle to an FFL to have it DROSed to him?
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  #64  
Old 07-11-2018, 2:38 PM
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Quote:
Originally Posted by onelonehorseman View Post
So if the tenant offered the widow a little $ for the rifle, and she agreed to send a letter to the tenant agreeing to the sale transaction (essentially a hand written bill of sale), could the tenant then legally take the rifle to an FFL to have it DROSed to him?
Simple answer to your question is no.

Unless it happened before 1991.

Last edited by sidelock; 07-11-2018 at 2:44 PM..
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  #65  
Old 07-11-2018, 2:40 PM
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In this particular case, most likely the 7400 was acquired by the deceased long time ago. The proper way of taking procession is arrange transfer with the current owner, whoever has interest to take legal procession need to define who will be on the PPT as a seller.

Last edited by sidelock; 07-13-2018 at 10:41 AM..
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  #66  
Old 07-12-2018, 9:16 AM
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We have several lawyers on here and it is easy to surmise who they are if you have any sense. And fiddletown is one of them. Some of them are pretty smart AC'S. (LOL)
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  #67  
Old 07-12-2018, 9:23 AM
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Quote:
Some of them are pretty smart AC'S. (LOL)
And some are simply direct. I don't have a problem with that. I appreciate learning.
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  #68  
Old 07-12-2018, 9:36 AM
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If you call local PD they will be happy to come by and pick it up, and will end up in one of the following: 1) officers collection; 2) PD range as a loaner; or 3) be destroyed. It's been three years and no indication it was used in a crime so fingerprints are irrelevant. Recommend you keep it as your own, shoot it, store it, clean it, and next time the landlord is in town all him if he wants it back. May belong to the last tenant that just forgot about it.
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  #69  
Old 07-12-2018, 10:03 AM
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tell house owner, if he/she doesn't care about it then 2 choices:

1: if it is a run of the mill shotgun that you can buy, just turn it into the next gun buyback and get some grocery money.

2: if it is a rare or unique shotgun that can't be easily bought now, clean it up, take it to a gunsmith to make sure it is still safe to fire, and consider it his.

and before anyone jumps to say "its not registered to him", there are lots of shotguns from before the DROS system in people's hands in CA. and heck, even shotguns bought up till 2014 aren't really "in the system" since no records were retained outside of DROS paperwork kept by dealer and buyer.
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Because -ohmigosh- they can add their opinions, too?
Proof we can all comment on whatever we want if it's at all related to the topic at hand!
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  #70  
Old 07-12-2018, 10:28 AM
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I for one, very much appreciates fiddletown's posts on this forum. They are always written in clear non-legalese that I can understand and he often throws in a few case references to help prove his point, even if I can't understand the legalese in the case parts, I appreciate them and it clearly shows he spends some time on his posts.

Don't get me wrong, I am of the opinion the world would be better off with no lawyers/attorneys, I got involved with a attorney once buying a business, what should have been simple and quick became a expensive mess but he did think of things i did not and "maybe" helped in the long run. Luckily there are exceptions to every rule and if fiddletown is ever in town and hungry, I would love to invite him over for a BBQ.
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  #71  
Old 07-12-2018, 3:32 PM
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cheeziss, sidelock, give it a rest already. What if he's retired?

You're killin' me here!
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  #72  
Old 07-12-2018, 4:09 PM
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Tell Landlord turning it into police station after 30 days and then do so.

Tell LL identifying information that should she want to retrieve it from police station, she could.

LL doesn't care, so never gets it. Belongs to tenant then?
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  #73  
Old 07-12-2018, 4:23 PM
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Quote:
Originally Posted by 200Apples View Post
cheeziss, sidelock, give it a rest already.
I'm going to second this suggestion, vehemently.
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  #74  
Old 07-12-2018, 4:35 PM
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Quote:
Originally Posted by Fizz View Post
Tell Landlord turning it into police station after 30 days and then do so.

Tell LL identifying information that should she want to retrieve it from police station, she could.

LL doesn't care, so never gets it. Belongs to tenant then?
And that wise suggestion even has the special merit of being legal. Imagine that.
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  #75  
Old 07-12-2018, 4:48 PM
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Who would move into a rental house, and then use someone else's bed?....Heck, did he even wash the sheets?
If the owner was careless enough to leave a firearm laying around like that, just think of how bad their housekeeping skills were.
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  #76  
Old 07-12-2018, 5:01 PM
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Quote:
Originally Posted by yoteassasin View Post
Lots of lame speak in this thread... possession is 9/10 of the law. And after 3 years it's yours now. If you are too scared to touch it I'm sure some one with a pair will come over and take it off your hands
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  #77  
Old 07-12-2018, 5:21 PM
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Quote:
Originally Posted by RobinGoodfellow View Post
Quote:
Originally Posted by yoteassasin View Post
Lots of lame speak in this thread... possession is 9/10 of the law. And after 3 years it's yours now. If you are too scared to touch it I'm sure some one with a pair will come over and take it off your hands

You might agree, but that only makes you as wrong as yoteassasin was. As I pointed out in post 15:
Quote:
Originally Posted by yoteassasin View Post
Lots of lame speak in this thread... possession is 9/10 of the law. And after 3 years it's yours now. If you are too scared to touch it I'm sure some one with a pair will come over and take it off your hands
Well there's certainly some lame advice in yoteassasin's post.

Under California law one doesn't acquire ownership of found property. See California Civil Code 2080 and 2080.1:
Quote:
2080. Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. ...

2080.1. (a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff's department of the county if found outside of city limits,...
See also California Penal Code 485:
Quote:
485. One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.
Furthermore, under California law, the landlord has certain specific rights and obligations with regard to personal property left behind by a tenant after termination of tenancy. See Civil Code 1980-1991.

Bottom line is that the current tenant of the house has no rights with respect to the shotgun. Pretty much the only things he may lawfully do with it are (1) notify the landlord and give the landlord the chance to comply with CC 1981-1991; and (2) turn it into the police if the landlord won't deal with it.
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  #78  
Old 07-12-2018, 5:44 PM
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Quote:
Originally Posted by fiddletown View Post
Bottom line is that the current tenant of the house has no rights with respect to the shotgun. Pretty much the only things he may lawfully do with it are (1) notify the landlord and give the landlord the chance to comply with CC 1981-1991; and (2) turn it into the police if the landlord won't deal with it.[/INDENT]
Now the real question is. If the tenant doesn't want to deal with it, can *I* handle the situation to take possession of it?
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  #79  
Old 07-12-2018, 5:53 PM
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Quote:
Originally Posted by Fizz View Post
Now the real question is. If the tenant doesn't want to deal with it, can *I* handle the situation to take possession of it?
Since you "decorated" your post with a bunch of "smiley faces" it's pretty clear that you know you can't.

The right way to handle this would be for the tenant to properly acquire possession (as described multiple times). He could then give of sell the rifle to whomever wants it -- through an FFL, of course.
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  #80  
Old 07-12-2018, 5:54 PM
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OP, also, handling this the wrong way could be a felony.

Since if you (your friend) don't handle this properly, it could be considered a grand theft (Felony) or petty theft (misdemeanor). However, I'm not sure how the state determines a firearm's value when there's no way the original owner can be contacted for a receipt from 19XX, or there's such a wide range in used prices depending on when and where it's sold.

https://www.shouselaw.com/grandtheft-firearm.html

I like pushing the edges of the law, but need to do tactfully and fully informed. This wouldn't be a button to push.
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