Gun confiscation

[njineermike]

^^^Well, what do you think? Should he have a gun or is he a risk to himself and/or others?

^^Reading comprehension failure.

[The Gleam]

Don't think that is going to fly... The gun was owned and used by the Father at the time of the incident... Thats all that matters.

Transferring it after that time would not keep the gun from being destroyed if charges are filed and the court decides to have the gun destroyed as part of the plea agreement.

Even if the son owned the gun prior to the incident, and had legally loaned it to dad, it would probably still be destroyed if it was used in a crime...

Guns used in crimes of any type are generally not returned....

Far Far to much liability if the gun was to be used in another crime ....

So do nothing? No.

What I suggested is at least worth a try, rather than trying nothing at all. It has a better percentage of success than doing nothing, and the cost is about the same, which is pratcially nothing (save the fees to submit docs, that's about it). And being El Dorado County, the O/P is likeley to have better luck than if this were LA County, Los Angeles City, or San Francisco or the like.

Also, accidental discharge (even if it is stupid) or firing in self defense (as father of O/P has claimed) is not a "crime". I'm not seeing a crime here.

My point is to file these docs quickly to prevent it/delay it from being inadvertently destroyed in the interim.

[IVC]

I am not privy to how this forum is run or "troll" and what that even means. Did you really think my reply was nasty? I felt kind of attacked for not giving my dad's life story on the first go around. I wasn't even sure if anyone would respond. I was looking to start a conversation and maybe get some USEFUL information that could be helpful.

You did nothing wrong, but neither did the first few responders. Here is what happened from the forum's perspective.

We get quite a bit of anti-gun people here, from kids with ideological views, editors of newspapers to politicians and their aides. They would make a first post with topic that would bait members into saying something wrong such as condoning criminal behavior, suggesting that rules should be stretched or otherwise fitting into their narrative of uneducated redneck inbred hicks. "Troll" is a person who is not there for a discussion, but to bait forum members.

Your post, unfortunately, fit the mold perfectly. There was a negative interaction with the police, no details, confiscation, etc. Until you came back and showed that you had a genuine concern and that your situation was real (well, we don't know that, but it's realistic, valid and can happen to anyone,) the other members were apprehensive. From the post alone, it could've been a drug deal gone bad. Once it was sorted out, you got quite a bit of great information and pointers. Also, some of the people who responded are attorneys, so their recommendations carry quite a bit of weight.

[Pearl78]

You did nothing wrong, but neither did the first few responders. Here is what happened from the forum's perspective.

We get quite a bit of anti-gun people here, from kids with ideological views, editors of newspapers to politicians and their aides. They would make a first post with topic that would bait members into saying something wrong such as condoning criminal behavior, suggesting that rules should be stretched or otherwise fitting into their narrative of uneducated redneck inbred hicks. "Troll" is a person who is not there for a discussion, but to bait forum members.

Your post, unfortunately, fit the mold perfectly. There was a negative interaction with the police, no details, confiscation, etc. Until you came back and showed that you had a genuine concern and that your situation was real (well, we don't know that, but it's realistic, valid and can happen to anyone,) the other members were apprehensive. From the post alone, it could've been a drug deal gone bad. Once it was sorted out, you got quite a bit of great information and pointers. Also, some of the people who responded are attorneys, so their recommendations carry quite a bit of weight.

[BrokerB]

What kind of gun? If its a semi auto of banned name..not getting it back. There are a variety of guns banned as too evil for mere citizens to have, and will not be returned.

[Pearl78]

It's a .44 magnum Smith and Wesson

What kind of gun? If its a semi auto of banned name..not getting it back. There are a variety of guns banned as too evil for mere citizens to have, and will not be returned.

[Red-Osier]

It's a .44 magnum Smith and Wesson

Nice gun, good luck pearl78

[BrokerB]

Yikes..big round to punch off inside..nice wheel gun at that.

I do think you will need it to be transferred to a family member before trying to get it released. It is worth it to try- but pops is going to be the owner until he is cleared to transfer. I would continue to try an contact the sheriff's. ..maybe go in person to talk with them. If you appear as an upstanding citizen you may get farther.

[stix213]

From your description of events it sounds like confiscated for evidence. They won't release the firearm until their investigation is complete. You won't be able to acquire the firearm from your father without his cooperation (no the family doesn't have any legal rights to it if it belongs to your father).

Once the investigation and any possible court action is completed you can do as already suggested by having the firearm transferred over to you.

[RickD427]

Pearl78,

Thanks for providing the additional information. Please understand that this forum does get "Trolled" a lot and the content of your first post had a lot in common with such postings.

As you can see, the additional information resulted in a lot of good responses.

It would be best to confer directly with El Dorado County Sheriff's and inquire as to their intentions regarding the weapon, and the case. I agree with the previous posters that they most likely seized the weapon as evidence of a potential PC 246.3 violation. If that is the case, it will take a little time to complete their investigation and to reach a filing decision. If they elect to file charges, then it's definitely time to get a lawyer. The offense is a felony and one element that has to be shown is "gross negligence."

California law doesn't make any provision for law enforcement to return a firearm to family members in cases like this. I would recommend that you review the recent U.S. Supreme Court case of Henderson v United States. In sum the court held that a prohibited person was allowed to arrange the sale of their firearms, in order to recover some value from them, as an alternative to their destruction.

[Lucky Scott]

Remember, the police are not your friend and they don't want to help you. You can try to communicate with them, but most likely they will not be helpful. You may get lucky, but don't expect too much, if any, help from the Police Department.

[Pearl78]

I got in touch with the detective, as some of you mentioned, the gun is being held as evidence and the case has been sent to the DA. I can only wait and see if any charges are brought against him or dropped and they said they will contact me at that point. We will hope for the best and proceed after we know if we have some fighting to do.
Thank you again, I don't feel as lost anymore in this whole situation and you all have helped with that!!

[IVC]

What kind of gun? If its a semi auto of banned name..not getting it back. There are a variety of guns banned as too evil for mere citizens to have, and will not be returned.

It's a .44 magnum Smith and Wesson

No problem there - .44 Magnums are considered safe. It's a puny round that one cannot hurt himself with. /sarcasm

(OP, ignore this post. It's a joke about how the handgun roster works.)

[The Gleam]

I got in touch with the detective, as some of you mentioned, the gun is being held as evidence and the case has been sent to the DA. I can only wait and see if any charges are brought against him or dropped and they said they will contact me at that point. We will hope for the best and proceed after we know if we have some fighting to do.
Thank you again, I don't feel as lost anymore in this whole situation and you all have helped with that!!

Good to hear, but regardless, I would get the intra-family paperwork rolling anyway, considering the situation (regardless of the police taking the gun) and as you said, it was meant to be yours and you're now an adult. Should they keep/destroy the gun, or do so due to the court deciding to have the gun destroyed as part of the plea agreement as SVT-40 suggested (very good point he made) then you're only out $19 bucks.

But should it be allowed for release, you'll be two jumps ahead, and honestly, it sounds like the gun should now be in your possession anyway.

And I'd like to add; the police are not out to "get you". They are holding it as evidence as part of their job. (They are also not LAPD who DO seem out to "get us" and even have a "gun task force" for that purpose.) Be nice with them, they'll be nice with you, and that would ALSO be a strategy as part of the approach to getting this gun back with easier effort - pending the DA or City Attorney doesn't file charges and prosecute. It's funny how much gets done with a polite approach applied, when dealing with bureaucracies

The CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS
Report of Operation of Law or Intra-Familial Handgun Transaction can be found HERE:


http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Good luck.

[OlderThanDirt]

Good to hear, but regardless, I would get the intra-family paperwork rolling anyway, considering the situation (regardless of the police taking the gun) and as you said, it was meant to be yours and you're now an adult. Should they keep/destroy the gun, or do so due to the court deciding to have the gun destroyed as part of the plea agreement as SVT-40 suggested (very good point he made) then you're only out $19 bucks.

But should it be allowed for release, you'll be two jumps ahead, and honestly, it sounds like the gun should now be in your possession anyway.

And I'd like to add; the police are not out to "get you". They are holding it as evidence as part of their job. (They are also not LAPD who DO seem out to "get us" and even have a "gun task force" for that purpose.) Be nice with them, they'll be nice with you, and that would ALSO be a strategy as part of the approach to getting this gun back with easier effort - pending the DA or City Attorney doesn't file charges and prosecute. It's funny how much gets done with a polite approach applied, when dealing with bureaucracies

The CALIFORNIA DEPARTMENT OF JUSTICE BUREAU OF FIREARMS
Report of Operation of Law or Intra-Familial Handgun Transaction can be found HERE:


http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Good luck.

+1 on this. Get the intra-familial transfer done now so that if there is any chance of releasing the firearm you will be ready to take immediate possession.