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Found a handgun, what do i do next?

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  • mx.stud
    Junior Member
    • Jun 2011
    • 8

    Found a handgun, what do i do next?

    i was recently helping my grandma move into this retirement trailer park in california. it was apparent the previous home owner either died or moved somewhere without packing, the house hand EVERYTHING left in it. While cleaning out the dresser to move it, a glock 19 gen2 in its tupperware case. The serial has not been grounded off, and i have been able to find that the gun was made around 1995 meaning it must have dros. My question now, if i wanted to keep it, what would be my next action, call local sherrif and check if gun is stolen/used in a crime? Is there a simple way to NICS? I am new to owning my own firearm, but i often shoot with friends, so i am unsure the proper coirse of action. Thanks in advance for any and all.
  • #2
    Decoligny
    I need a LIFE!!
    • Mar 2008
    • 10615

    The legal thing to do is to turn it in to the police.

    Unfortunately to my knowledge there is no process that exists that will allow you to legally keep a found gun.

    Other found property, if turned in to the police, after a certain period of time, becomes the property of the person who found it. With guns, they must be turned in to the police, who will attempt to get it back to the original owner IF it was reported stolen. If it was not stolen, I don't think they go to the trouble of finding the registered owner (they might but I doubt it), they may just send it to the rebar smelter.

    Once a gun is turned in to the police, they require a release form from DOJ showing you are eligible to possess a gun, and they also require proof of ownership of the firearm. You don't have that, so no getting the gun back once in the hands of the police.
    sigpic
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    or heard it with your own ears,
    don't make it up with your small mind,
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    • #3
      mx.stud
      Junior Member
      • Jun 2011
      • 8

      i found this in another forum, not sure if it counts in my case but...
      Originally posted by Decoligny
      if you are arrested for illegally carrying a concealed weapon that is not registered to you it can increase the misdemeanor charge to a felony. But if you don't plan to be in that situation, registration isn't required.
      the link is
      HTML Code:
      http://thefiringline.com/forums/showthread.php?t=351738
      It also says that handguns didnt have to be registered until 1998, so what if by the off chance there is no registered owner? Do i have the ability to just use the firearm ownership record form and pay the $19 to have it registered to me, of course checking first with PD that it is GTG.

      Side note: is something like hotgunz.com/ a good place to check stolen status?

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      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        Originally posted by mx.stud
        i found this in another forum, not sure if it counts in my case but...


        the link is
        HTML Code:
        http://thefiringline.com/forums/showthread.php?t=351738
        It also says that handguns didnt have to be registered until 1998, so what if by the off chance there is no registered owner? Do i have the ability to just use the firearm ownership record form and pay the $19 to have it registered to me, of course checking first with PD that it is GTG.

        Side note: is something like hotgunz.com/ a good place to check stolen status?
        California has had a DROS system since the 1920s. If sold by a dealer in CA there's a record of it. Starting 1/1/1991 all transfers had to go through a CA dealer. So, prior to 1/1/1991 handguns could be sold between state residents without in involving a dealer. I'm not sure what date it became necessary to file a new resident handgun report. Prior to that many handguns came in by people who moved into the state.

        Chances are that Glock is registered in CA to someone.

        That said, under present law, there is no legal way for you to take possession of the handgun. You cannot inherit it -- ergo the familial transfer does not work. New resident handgun report -- nope. Voluntary registration form -- who are you going to enter in the acquired from spaces? It's a no-go.

        As a member of Calguns, I must advise you to follow the law.. And I see no other choice for you than to turn it in. But, I am not a lawyer.

        You might spend $200 to get a legal opinion from a lawyer. I doubt he'll have an answer that will make you happy.
        Life Member NRA and 2A Foundation.
        My posts are my own opinions and do not reflect those of any organization I am a member of.
        Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

        "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
        William Pitt (1759-1806)

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        • #5
          mx.stud
          Junior Member
          • Jun 2011
          • 8

          No that is perfectly acceptable answer, i don't want to spend time in jail for something so trivial, i just wanted to double check what i have found on the internet to be truthful, and everything i have found points to keep it if you want big trouble, or just save myself some hassle and turn it in. I wonder when the next anonymous turn in will be...

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          • #6
            RookieShooter
            Senior Member
            • Nov 2009
            • 1952

            Lock it up and exchange it for gift card at the next local "Cash for Guns" event.
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            • #7
              redline
              Member
              • Mar 2009
              • 261

              How do those guys that buy the contents of abandoned storage lockers maintain possession of the firearms they find?

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              • #8
                gazzavc
                Senior Member
                • Feb 2007
                • 988

                Originally posted by redline
                How do those guys that buy the contents of abandoned storage lockers maintain possession of the firearms they find?
                I don't believe they do. If I remember correctly they have to turn them in to the local PD.

                Or keep quiet about them and not post questions on gunboards.............

                G

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                • #9
                  Lives_In_Fresno
                  Senior Member
                  • Dec 2011
                  • 818

                  Hmmm...Seems to me that they bought the gun as part of the house....They need to explore that avenue.

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                  • #10
                    littlejake
                    Senior Member
                    • Aug 2008
                    • 2168

                    Originally posted by Lives_In_Fresno
                    Hmmm...Seems to me that they bought the gun as part of the house....They need to explore that avenue.
                    A gun is an item of personal property not attached to the real estate -- it was not part of the real estate transaction.

                    It is abandoned personal property that cannot be converted to personal use.
                    Life Member NRA and 2A Foundation.
                    My posts are my own opinions and do not reflect those of any organization I am a member of.
                    Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

                    "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
                    William Pitt (1759-1806)

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                    • #11
                      mx.stud
                      Junior Member
                      • Jun 2011
                      • 8

                      yes i remember reading in a different forum that the hand gun is no go for estate sales, rifles have different rule and might have been a possiblity, think best case scenario is i lock it up and forget about it then exchange it first chance i get for ipod or gift card or whatever.

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                      • #12
                        jkody
                        Senior Member
                        • Dec 2010
                        • 1081

                        The gun could have possibly used in a crime/shooting. How would it look if you got caught with it and it was stolen or worse, used to kill someone. you could end up in mess of trouble. I would have turned it over to the local police department before putting my fingerprints all over it.

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                        • #13
                          Lives_In_Fresno
                          Senior Member
                          • Dec 2011
                          • 818

                          Originally posted by littlejake
                          A gun is an item of personal property not attached to the real estate -- it was not part of the real estate transaction.

                          It is abandoned personal property that cannot be converted to personal use.
                          Well, you don't know that without looking at the sales contract...It can include "all personal property" left there, or he could own it by way of it being abandoned in his home...I've bought standalone refrigerators, tables, chairs, etc, when buying the home they are in.

                          I agree that he needs to make sure the gun is legal, but he may also have legitimate claim to it.
                          Last edited by Lives_In_Fresno; 03-13-2012, 1:10 PM.

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                          • #14
                            Manolito
                            Senior Member
                            • Jan 2011
                            • 2324

                            You know what you need to do now it is a matter of doing the right thing.

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                            • #15
                              mx.stud
                              Junior Member
                              • Jun 2011
                              • 8

                              Originally posted by Lives_In_Fresno
                              Well, you don't know that without looking at the sales contract...It can include "all personal property" left there...I've bought standalone refrigerators, tables, chairs, etc, when buying the home they are in.

                              I agree that he needs to make sure the gun is legal, but he may also have legitimate claim to it.
                              From my understanding, for that to be the case i need to turn it in to PD, and then after a given amount of time if it is determined not stolen/used in a crime, i should be able to use the form to get the handgun back, but if it was used in a crime, i just made my self suspect number 1

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