How can I get my Dad's gun back?

[Bri]

My Dad died when I was really young. He left me a rifle. My mom gave it to my sister almost three years ago when we were moving to California from Utah (with other stuff) to store in their basement until we could come back and get it (after we had a place to live).

So last fall I tried to get it back. My brother-in-law (sister's husband) gave me this really old and crappy rifle, not in firing condition (it was disassembled, missing parts, and held together in a bundle by duck tape.)

This was not my Dad's gun. My mom said this was not my Dad's gun. Well his step father died about a year and a half ago and left him a couple of rifles. This guy doesn't know an ak from a mossberg. We found my Dad's gun in his basement; my mom identified both the gun and the bag as my Dad's. I also have a box of shells (because he used to reload) that are 264 win mag. The barrel has 264 stamped on it.

My brother-in-law's family is saying it was their fathers and won't give it to me. This is one of the only things my Dad left me and I really want it back.

I don't know what the rifle is or anything about it. I can't find any pictures of my Dad with the rifle to prove it's ours. Is there any way I can find out if my Dad had guns registered in his name, to prove it was ours?

Also their house got raided about three years ago. They're saying they couldn't have gotten it back from police if it hadn't been registered. Is this true? Even if it is, my Dad's rifle was the only one that didn't have evidence tags on them. I don't think the gun was even there when their house was raided.

Any help is appreciated, I want my gun back!

[Colt562]

I believe, i dont know if its true but you may be able to call up the DOJ and tell them your story and they might be able give you a list of all your dads registered firearms, i believe the list would have the serial number and from there I think you know what to do

[roushstage2]

Long guns aren't registered, so that route won't go to far I don't think? Tell your sister to put the pants on and take care of business. It was given to her, so it's hers. From there, you'll have to do the FFL thing.

[Colt562]

Long guns aren't registered, so that route won't go to far I don't think? Tell your sister to put the pants on and take care of business. It was given to her, so it's hers. From there, you'll have to do the FFL thing.

true but since he purchased the rifle, wouldnt the rifle or serial be linked to his name as the "original purchaser"?

There is one more thing you can do, i was just looking and i found that a FFL dealer is required to keep the orginal dros form, unless the company went belly-up and if so the ATF would have the DROS form, so if you know which place he bought it from, that may be the place to start

[Bri]

Long guns aren't registered, so that route won't go to far I don't think? Tell your sister to put the pants on and take care of business. It was given to her, so it's hers. From there, you'll have to do the FFL thing.

My sister had it for safe-keeping, it was never hers. She's my half sister and not even related to my Dad.

I'm not sure how we're going to transfer it into the state either (legally).

They don't give a *** the last time I visited (in the fall) I kept bugging them to figure out that it was my gun. They waited until the last minute (like always) and then just called up my brother-in-laws mom who said over the phone "Yeah the 234 is ours" and I was like... um it's a 264?

They are shady people.

My mom is talking about stealing it the next time we visit...

[roushstage2]

Then it's your mom's? She wouldn't be stealing it in that case, she'd be reclaiming her property, no?. If it came down to it, your mother could report it stolen with a known address of where it's at. Also, being your mother, she can simply gift you the rifle.

Colt- I didn't think about that. A phone call to the DOJ sure wouldn't hurt.

[bussda]

Returning a rifle from law enforcement has nothing to do with registration, just who had possession.
Was the raid before or after you left Utah? Was it logged as a part of the raid? Do they have purchase records when/where the step father purchased it?

The only FFL record would be the 4473, but they were only required to be kept for 20 years.

ETA: No paperwork currently required to bring inherited firearms into California.

[TheExiled]

I had a similar issue with some of my dad's cowboy guns that a neighbor 'borrowed', it came down to that he had them longer than 30 days so it was up to him if he wanted to return them to me. Ill let my tone writing this give you the answer as to what he chose..

[JackRydden224]

How about asking them how much they want for it?

I know in principle this sounds terrible because you should never have to pay a cent for that rifle but it might be the easiest way to accomplish your goal. If the brother in-law is not a gun person then he might be willing to part with it given some incentive.

[Bruceisontarget]

I really feel for you. This is why I urge everyone to catalog their firearms with the serial numbers, pictures, and bills of sale when possible. Keep the catalog seperate from the guns in a safe and a copy off site. At least that is what I've done. I really hope you get your rifle back. Sounds like your brother-in-law is a bit of an *****.

[axel4488]

When you and your mother go back to your sisters house to visit or whatever, have your mother go into the basement, and retrieve the rifle. If the BIL gives any crap, your mother should say firmly, "I am taking my rifle home now." and go lock it in the car.

[baih777]

When you and your mother go back to your sisters house to visit or whatever, have your mother go into the basement, and retrieve the rifle. If the BIL gives any crap, your mother should say firmly, "I am taking my rifle home now." and go lock it in the car.

if your mother and sister really know it was your fathers, its legally your mothers. mother has to get tuff with her daughter. and take it back. the daughter just has to play dumb to her husband.
i have a shotgun that was my fathers. i keep it in the back of the safe. no idea if it works , but it was my dads. i know the feeling.

[stitchnicklas]

tell your sister to grow a pair and give you the gun,if not disown her and tell her that is what will happen.do not deal with the loser bil,just get the gun.

[SocomM4]

It's your mothers rifle, and of they won't give up, have her report it stolen. End of story.

[dieselpower]

My god this is crazy simple... Tell them you will freaking contact the BATFE and report them for having a FIREARM that is not theirs and they are refusing to turn over. Call the Police and get the property list which will list every gun taken from the home...when your firearm is not listed...that proves the gun was not in the home at the time of the raid and therefore was not theirs. Tell that POS BIL you will have him tossed in jail if he doesn't give you YOUR FIREARM.

YOU ARE THE ONE WHO NEEDS TO GROW A PAIR...NOT YOUR STEP-SISTER.

Take the bull by the horns and get the job done.


FYI- Most police will say this is a "civil matter", but the BIL may not know that. You can still make his life a living hell and make sure he knows that YOU WILL MAKE HIS LIFE A LIVING HELL AND THE RIFLE ISNT WORTH IT TOO HIM...BUT IT IS TO YOU.

Make sure to follow through and call the Police to get the property list from the raid and explain to them the BIL has your firearm. Do this after the BIL refuses to give it too you. On the off-chance LEO do go after him.