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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-09-2012, 4:44 PM
TBX TBX is offline
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Default How to sell with guns in Police possession?

I have a friend seeking some help.

My friend's cousin had his guns confiscated by the Police. There are 2 guns that are legit and 1 that was received as a "stolen" gun. I'm not sure if he was charged with a felony or misdemeanor because I don't have the whole story on it.

Here's the question:
Is there any way that the convicted person (my friend's cousin) can sell his 2 legit guns (to my friend) that are in Police possesion or is he SOL?

Please don't reply with any crap about the person and/or his crime. I'd appreciate any knowledge in relation to the question above.
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  #2  
Old 12-09-2012, 5:12 PM
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Librarian Librarian is offline
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Friend needs to consult a lawyer for some details; LEGR is supposed to release the guns to the owner, if the owner is eligible. Seems as if he and you believe he no longer is eligible.

There is a form DOJ has for designating a person to dispose of guns on behalf of someone ineligible - Power of Attorney for Firearms Relinquishment, Sale or Disposal. That may be helpful.
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  #3  
Old 12-09-2012, 9:19 PM
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Thanks Librarian you're always helpful.

I informed friend that Power of Attorney is helpful but PD may not release guns. I referred him to an attorney and consult someone at PD that may be knowledgeable with firearms.
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Old 12-09-2012, 9:27 PM
CAL.BAR CAL.BAR is offline
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I usually go back to the judge in the case in which he was convicted for an order turning over the guns to an FFL for sale of disposal. Once with the FFL, whom he transfers them to doesn't matter.
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Old 12-10-2012, 3:02 PM
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bobgengeskahn bobgengeskahn is offline
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It depends how the PD got them. However, a few years back I was semi involved in a situation where firearms were confiscated; the PD eventually allowed the owner to arrange for an FFL to pick them up and arrange a transfer to another party.
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Old 12-10-2012, 3:52 PM
baih777 baih777 is offline
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if your a NRA member see if they can refer you to a lawyer in your area.
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