Storage unit with firearms

[SpeedRacerGST]

Does anyone know the process of registering/selling a firearm obtained from purchasing a storage unit.

[RickD427]

Does anyone know the process of registering/selling a firearm obtained from purchasing a storage unit.

A firearm cannot be transferred through the sale of a storage unit. A lawful transfer must be done through an FFL. Firearms have a special legal status and there is a big difference between "owning" one and being able to accept the "transfer" of one.

You'll get a good example of this distinction if you purchase an out-of-state and off-roster handgun (which you can lawfully do) and then try to transfer possession of the handgun to yourself in California (which you cannot lawfully do unless you or the handgun is roster-exempt).

If you found a firearm within the contents of a storage unit that you purchased, and the value of the firearm is over $100, the law requires that you turn the weapon over to the law enforcement agency having jurisdiction (refer to Civil Code section 2080.1). Even if the value of the firearm is less than $100, you cannot transfer possession of it to yourself (Penal Code section 26500 (with certain exceptions, see section 26505 and particularly section 26505(c) which may be relevant to your situation).

If the agency is unable to return the firearm to it's owner, then you have the right to take possession of the firearm (through an FFL) from the agency (refer to Civil Code section 2080.2).

I'll let the JD's on this forum address the issue of whether you have a source of standing to compel the last owner of the firearm to transfer possession to you by virtue of your purchasing the contents of the storage locker.

[Quiet]

A firearm cannot be transferred through the sale of a storage unit. A lawful transfer must be done through an FFL. Firearms have a special legal status and there is a big difference between "owning" one and being able to accept the "transfer" of one.

You'll get a good example of this distinction if you purchase an out-of-state and off-roster handgun (which you can lawfully do) and then try to transfer possession of the handgun to yourself in California (which you cannot lawfully do unless you or the handgun is roster-exempt).

If you found a firearm within the contents of a storage unit that you purchased, and the value of the firearm is over $100, the law requires that you turn the weapon over to the law enforcement agency having jurisdiction (refer to Civil Code section 2080.1). Even if the value of the firearm is less than $100, you cannot transfer possession of it to yourself (Penal Code section 26500 (with certain exceptions, see section 26505 and particularly section 26505(c) which may be relevant to your situation).

If the agency is unable to return the firearm to it's owner, then you have the right to take possession of the firearm (through an FFL) from the agency (refer to Civil Code section 2080.2).

What he said.

[johnthomas]

If it is an antique, then it isn't a gun and no further action is required. The frame is the gun, not the parts on the gun. I am not sure the legality of parting it out and turning in the fame to police.

[SpeedRacerGST]

So once it is surrendered to LE, I'm assuming they hold it for 30-60 days and if no one claims it then you can take ownership? Then a background and a waiting period occurs? What are the chances of taking ownership of the firearm and how long would it take. Does LE contact the "owner" and say hey I have your gun come get it?

[MajorSideburns]

What type of firearms are they? Like someone else wrote, certain types like blackpowder and replicas of old guns are exempt from going through a FFL dealer

[SpeedRacerGST]

Hasn't been any blackpowder firearms so far mostly current .22 and a Shotgun so far. Just curious because I have a safe that I'm in process of getting the code for. And a large amount of misc firearm items throughout the unit. I'm just curious to once the safe is is open...say there is a Shotgun and a pistol in there...what are my options to keep them.

[RTE]

Pm sent and taged for later.....i love a good safe story.
Nice hit.

[dieselpower]

If it is an antique, then it isn't a gun and no further action is required. The frame is the gun, not the parts on the gun. I am not sure the legality of parting it out and turning in the fame to police.

that would be up to a court. I seriously doubt a court would allow you to disassemble a gun and only give the serialized part to the owner.

[Mr. Beretta]

Hasn't been any blackpowder firearms so far mostly current .22 and a Shotgun so far. Just curious because I have a safe that I'm in process of getting the code for. And a large amount of misc firearm items throughout the unit. I'm just curious to once the safe is is open...say there is a Shotgun and a pistol in there...what are my options to keep them.

Your options don't change.

Read RickD427's post again.

Good Luck.

[Franklincollector]

Do a voluntary registration and hope for the best

[one9kilo]

Do a voluntary registration and hope for the best

^^This is what I would. lol

[sandiego67]

Wait for one of those police buy-backs and get yourself some gift cards.

[Calguns77]

A firearm cannot be transferred through the sale of a storage unit. A lawful transfer must be done through an FFL. Firearms have a special legal status and there is a big difference between "owning" one and being able to accept the "transfer" of one.

You'll get a good example of this distinction if you purchase an out-of-state and off-roster handgun (which you can lawfully do) and then try to transfer possession of the handgun to yourself in California (which you cannot lawfully do unless you or the handgun is roster-exempt).

If you found a firearm within the contents of a storage unit that you purchased, and the value of the firearm is over $100, the law requires that you turn the weapon over to the law enforcement agency having jurisdiction (refer to Civil Code section 2080.1). Even if the value of the firearm is less than $100, you cannot transfer possession of it to yourself (Penal Code section 26500 (with certain exceptions, see section 26505 and particularly section 26505(c) which may be relevant to your situation).

If the agency is unable to return the firearm to it's owner, then you have the right to take possession of the firearm (through an FFL) from the agency (refer to Civil Code section 2080.2).

I'll let the JD's on this forum address the issue of whether you have a source of standing to compel the last owner of the firearm to transfer possession to you by virtue of your purchasing the contents of the storage locker.

This system is really broken. Even if you could take the owner to court and force him to transfer to you the amount if time and money probably isnt worth it.

Not sure why they havent addressed this. A form submitted declaring the firearms and and serials so the doj and atf can run them and make sure they arent stolen property, and registrring them in your name should be pretty simple.

[glockman19]

Congrats on the find.