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What are the laws/obligations regarding firearms found in a hidden storage closet, concealed behind a fake wall in a newly purchased home...in California?
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"Just the facts, ma'am." -
Shhhhh....!!Let us not pray to be sheltered from dangers but to be fearless when facing them. - Rabindranath Tagore
A mind all logic is like a knife all blade. It makes the hand bleed that uses it. - Rabindranath Tagore
Talent hits a target no one else can hit. Genius hits a target no one else can see. - Arthur Schopenhaur -
Have you not heard of the phrase that concealed means concealed. You tell no one.Anyone can look around and see the damage to the state and country inflicted by bad politicians.
A vote is clearly much more dangerous than a gun.
Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)?
--LibrarianComment
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Hypothetically you would be concerned with this bit of Civil Code -https://leginfo.legislature.ca.gov/f...tionNum=2080.1ARTICLE 1. Lost Money and Goods [2080 - 2080.10] ( Article 1 repealed and added by Stats. 1967, Ch. 1512. )
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, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:
(1) From what and how it was saved.
(2) Whether the owner of the property is known to the affiant.
(3) That the affiant has not secreted, withheld, or disposed of any part of the property.
(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.
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2080.3.
(a) If the reported value of the property is two hundred fifty dollars ($250) or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff’s department shall cause notice of the property to be published at least once in a newspaper of general circulation. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the cost of publication is first paid to the city, county, or city and county whose police or sheriff’s department caused the notice to be published.
(b) If the reported value of the property is less than two hundred fifty dollars ($250) and no owner appears and proves his or her ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction.
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2080.7.
The provisions of this article have no application to things which have been intentionally abandoned by their owner.
By what means such a find might come to the attention of police or Sheriffs, I do not know.
But I, personally, would not count on such a find remaining un-noted.Last edited by Librarian; 02-27-2021, 3:53 PM.ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page
Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!Comment
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Hypothetically, if it wasn’t a firearm that was outright illegal, like an assault weapon or some other no-no, and you could determine that it wasn’t stolen, than quietly locking it away until the statue of limitations on improper transfers ran out might safely render it yours.
If it was easily determined to be something verboten as listed above, and you had no interest in keeping or running the risk of transporting it to some safe haven, then destroying it may be the answer. That would be the least risky. A good powered chop saw should make quick work of the evidence, and telling nobody about it would make the problem disappear.
Hypothetically speaking, of course.Comment
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No matter what TYPE of personal property is LEFT BEHIND by a previous owner or tenant. It is considered ABANDONED PROPERTY and covered by civil codes.
With rental properties, certain "notifications onus" is placed on the owner of property to make prior tenant aware of property left behind. Before they can claim it.
With purchase of real property, no such notification is legally required.
"Hidden storage closet" and "fake wall". Give a clear indication that previous owner knew they were there. Or that some prior owner before your purchase placed them there, then left them.
Same as if you found a refrigerator or a diamond ring, in a "hidden room".
Some here have claimed that "guns" abandoned at a previous residence are considered "FOUND after being LOST". But have been unable to support their opinions by quoting any statute that confirms their opinions.
ETA..........Librarian types faster than me. But gives example of "FOUND PROPERTY". Which logically infers that the PROPERTY WAS LOST. Which is NOT the SAME as property that was ABANDONED AT PRIOR RESIDENCE.Last edited by pacrat; 02-27-2021, 4:22 PM.Comment
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If it's a firearm you have to turn it in to the police.Poke'm with a stick!
Originally posted by fiddletownComment
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If you gots to ask, you deserved to be compliant. Just turn it in so that your conscious may rest.Comment
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Care to substantiate that claim?
post 6
"pc 2080.1" quoted by Librarian is irrelevant. Property hidden by going to the trouble of building false walls around it is NOT LOST. It is ABANDONED.Some here have claimed that "guns" abandoned at a previous residence are considered "FOUND after being LOST". But have been unable to support their opinions by quoting any statute that confirms their opinions.
And before anyone wastes their time and bandwidth by quoting pc 27545. As has been futilely done in previous threads.
PC 27545 contains provisions for Sale, Loan, Transfer between individuals. Which requires a FFL for doing a sale, loan, transfer. [PPT etc] It contains NO wording making possession and VOLREG, of abandoned property legally possessed according to civil law, an illegal act.
pc 27545
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In this hypothetical scenario, would the gun be one that is legal to buy and own in CA? As in, not off-roster or anything?
The hypothetical outcome I would most hope for in this hypothetical situation was that the hypothetical person could keep the hypothetical abandoned property.
If it were me, my only concern with not "reporting" it would be that I couldn't use it without being worried that I might have trouble if it's been stolen or used in a crime.Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
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Was it below or on top of Jimmy Hoffa? Asking for the FBI.Send Lawyers, Guns and Money - On second thought, hold the Lawyers.Comment
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[1]... In this hypothetical the pistol roster would not apply. I don't know enough about AW laws to even comment.
[2]... He can.
[3]... If concerned about it being stolen property. A VOLREG would serve to absolve hypothetical current possessor from future criminal liability. And allow person stolen from to recover.
No way to ever determine if a firearm was used in prior crime. Unless recovered at crime scene. Or do a ballistic comparison in NCIC. Which is never done during a DROS.
Hypothetically, any firearm could have been used in a prior crime. Unless purchased new.Comment
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Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page
Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!Comment
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