Gun in storage auction

[todd2968]

I love watching the storage auction shows and they are always finding guns.
I found my neighbor does this for a living and he offered to sell me what he finds, but I don't want to go to jail, so what are the legalities?
Thanks for the info

[alfred1222]

Everything i read states that you are advised to register them with the police when you buy the locker. But in your case, the way to stay legal would be to go to an FFL and have him to the transfer as normal. As long as you and the seller arent prohibited, you're fine. but, personally, i THINK it would be legal and easier to buy the guns from him as soon as he discovers them in the locker, and than have them registered voluntarily.

[Intimid8tor]

I could be wrong but I thought I read that any firearms found in storage lockers had to be turned in to the police.

[todd2968]

Registered voluntarily
How? What ? Ffl or sent in to Doj on form moving to CA
What if they are stolen
There is no real reason to register long guns, only pistols right

[alfred1222]

Registered voluntarily
How? What ? Ffl or sent in to Doj on form moving to CA
What if they are stolen
There is no real reason to register long guns, only pistols right

i think its just a form, and ya only handguns are necessary, and if they are stolen, DOJ will contact you. personally, i would go into a police department and make sure theyre not stolen before i send the DOJ form in

[todd2968]

If I walk in and they are not stolen will they take them any way?

[alfred1222]

If I walk in and they are not stolen will they take them any way?

how could they seize property that is legally yours?? and on top of that, i would just take in a piece of paper with the serial numbers. say you bought some guns at a storage auction, and you want to make sure that they are legal. if they ask where the weapons are or what your name is or ANYTHING past the legal status of the weapons, just decline to answer. I would leave the guns locked in your safe, and not take them to the station.

or you could use this: http://www.hotgunz.com/ first

[todd2968]

That makes sense til I might try that with my own pistols just to try it out and see what they say

[Ron-Solo]

According o the rules of most auctions, firearms must be surrendered to the police. Since the transfer of firearms must go thru an FFL in this state, there is no other way to legally conduct the transfer.

Most police agencies will not run a serial number without the gun being present. If it comes back stolen, it will be seized.

[todd2968]

Good to know thanks Ron-solo. So if i walk in it will be seized regardless is what i'm hearing.

[Librarian]

This is a little bit interesting.

PC 26505 (was 12070(b)(1)) says

Section 26500 does not apply to the sale, lease, or transfer
of any firearm by any of the following:
(a) A person acting pursuant to operation of law.
(b) A person acting pursuant to a court order.
(c) A person acting pursuant to the Enforcement of Judgments Law
(Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure).
(d) A person who liquidates a personal firearm collection to
satisfy a court judgment.

In this case, it's (a) that looks interesting: "(a) A person acting pursuant to operation of law."

So, what's an 'operation of law'? We get that from PC 16960

As used in Article 1 (commencing with Section 26500) of
Chapter 1 of Division 6 of Title 4, "operation of law" includes, but
is not limited to, any of the following:
(a) The executor or administrator of an estate, if the estate
includes a firearm.
(b) A secured creditor or an agent or employee of a secured
creditor when a firearm is possessed as collateral for, or as a
result of, a default under a security agreement under the Commercial
Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or
680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the
receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if
the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the
functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to
Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy
sheriff from a local agency pursuant to Section 50081 of the
Government Code.
(i) The transfer of a firearm by a law enforcement agency to the
person who found the firearm where the delivery is to the person as
the finder of the firearm pursuant to Article 1 (commencing with
Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the
Civil Code.

Here, (b) looks like the relevant bit; that is, a secured creditor can take possession of firearms in a default of an agreement.

So, no FFL needed for the transfer from deadbeat storage unit renter to the secured party (presumably the rental unit company).

After that, looks like the new owner (who owns by operation of law) must use an FFL for the transfer to subsequent buyers.

That is, unless the 'operation of law' exception somehow passes on to the buyer of an auctioned property; I don't see that, but it's out of my usual area, so maybe that works.

[Ron-Solo]

Good to know thanks Ron-solo. So if i walk in it will be seized regardless is what i'm hearing.

If it is reported stolen, it will be taken as evidence, and hopefully returned to its rightful owner.

Librarian may have an angle on the operation of law aspect. Not sure I fully agree with that concept (jury is still out) but I like the way he thinks.

[Muscles Glasses]

I don't think your friend will find any guns. I went to a few of those auctions in the area for a few weekends in a row and it became very obvious that the owners of the facility would go through everything the day/night before the auction and grab any valuables. I'm not sure if this is the situation with all storage facilities but as far as I am concerned those auction shows are full of it and those lockers are stuffed with cool stuff by the producers of the show.

[alfred1222]

I don't think your friend will find any guns. I went to a few of those auctions in the area for a few weekends in a row and it became very obvious that the owners of the facility would go through everything the day/night before the auction and grab any valuables. I'm not sure if this is the situation with all storage facilities but as far as I am concerned those auction shows are full of it and those lockers are stuffed with cool stuff by the producers of the show.

still an interesting and good topic to learn and read about

[choprzrul]

Marking for future storage auction wins....

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