Any LEO willing to help check on a gun for me?

[rcslotcar]

Hi, as suggested take the gun unloaded to the local PD/SO and with out a mag in the trunk. Tell them how it was acquired. Say nothing about it might be stolen because you don't know (so no 496 pc) it is. Tell them it is now your Mothers and she wants you to have it. And now before you take legal possession and register it in your name you want to make sure it is clear in in the AFS (automated firearms system) system. If it does come back stolen they will keep/destroy the weapon and issue you a receipt with the report number on it. If the gun come back clear they have no reason to take possession of it. If there is no record of the gun in AFS then do a voluntary registration in your name. Good luck and do your best to keep a gun from being destroyed. As mentioned I'm a retired LEO and have always been very pro 2A!!!

[edgerly779]

If it comes back stolen of course leos will seize.

[GizmoSD]

[L-2]

The OP's profile indicates Los Alamitos.
I'm now retired, but I've run several guns over the years. Most were not in the AFS database. If not in the database, the unregistered pistol should be registered to the OP anyway using the vol-reg-form.

However, if it did come back to someone in AFS, I'd seize the firearm and book into evidence/property as found property. I'd get the OP's statement

(I don't agree with making up a story of it coming from his mother, but the existing story of it being found in his house is good enough for now).

I'd try to contact the registered owner (again if there is one); write up my report; and Detectives assigned for follow-up would take it from there with help from the property room.

I do like the voluntary-registration-form advice from at the beginning of the thread. Search for and download the vol-reg-form and see what info DOJ wants. I don't know, but suspect, an Firearms Safety Certificate might be needed. If so, get an FSC to complete the form before sending it in.

All this keeps the wife out of the entire situation. The only other thing I can think of is contacting the ex-boyfriend and verbally getting his story, but that seems going way beyond what's necessary at this time.

If DOJ doesn't approve the registration for some reason, I suspect they'd just advise you in writing to surrender it to your local PD. But that's thinking way too far ahead.

If it was my gun and was hypothetically stolen 25 years ago, I'd sure be glad someone turned it in and it got back to me (even if it's a ParaOrdnance).

[pacrat]

Don't disagree with much of what was said, while the statute of limitation on theft may have run, receiving stolen property is an ongoing crime.

Yes PC-496, is an ongoing crime. But what makes your entire premise IRRELEVANT is that the CRUX of pc-496. Is bolded in the below quote. Which is the ELEMENT OF PROVABLE INTENT. Which in the OP's instance is NOT THE CASE.

Because as "rcslotcar" aptly noted, and has been mentioned many times here. The OP has NO DIRECT KNOWLEDGE of a crime having been committed.

California Penal code section 496.

"(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290."

While "rcslotcar's" option is viable. It also involves drawbacks that may not have been in place when he retired. And that is the "LEGR MANDATE".

Sadly LE can NO LONGER simply run an AFS check, and hand it back to you if it's not reported stolen.

Now whenever LE has a firearm, no matter how they got it. Even if you do as he, and 003 says. By taking it to a LE station and asking them to RUN IT. They CANNOT legally give it back to you. Without 2 things happening first.............[

[1]... YOU MUST file a LEGR with DOJ and pay a fee. [$20 IIRC]. https://www.pdffiller.com/jsfiller-d...1814fbadfde6be

Which takes at a minimum of 6 months to get the LEGR back from DOJ. And most cases MUCH longer.

IF the LEGR comes back clear. That only means you are eligible to own a firearm. It does not give you CLEAR TITLE to the firearm. Then!

[2]... YOU MUST file a VOLREG to register the gun in your name, BEFORE LE CAN RELEASE IT TO YOU. It says so right on the LEGR FORM.

ERGO..........It only makes sense to simply file the VOLREG to start with.

Cut out the uncomfortable trip to the COP SHOP....... CUT OUT the LEGR and Loooong wait for DOJ to run the background check on YOU....... Which still doesn't release the gun to you........ Which then requires the VOLREG anyway, before cops can return it to you.

"L-2" is correct, you need a FSC # to file the VOLREG. But as a CalGunner you may already have one. If not, $25 at local FFL, short test any teenager can pass, and GTG. You get the card immediately. BTW....you would need the FSC for the LEGR and VOLREG anyway.

You have all relevant legal info to proceed as you see fit. The Nay Sayers have been debunked as chicken littles. And you can do as you see fit.

Best of luck going forward.

[GizmoSD]

[pacrat]

It's even more fun for the non-cop, non-lawyer who has been a firearms enthusiast since buying his first gun in Ca. in 1963. And has closely followed all the BS anti 2A laws since. And is committed to giving concise honest, and factually correct answers to folks who ask gun related questions.

[CDK3]

This has become a clusterf#@k. I again thank everyone's including pacrat for their input. Fingers keep pointing back to starting with a VOLREG. Pacrat, do you (or anyone else know) if it would it make a difference with DOJ whether I did the VOLREG myself or my wife did the VOLREG? You said previously that it would need to be my wife because the gun was "abandoned" to her. The problem is my wife won't do it and based on the possiblity of what could go wrong I can't say I don't blame her.

The gun disappeared 25 yrs ago. Now it reappeared. The DOJ doesn't give a hoot about the boy friend, or where he is. VOLREG is a legal avenue to accomplish what you want to do. And will save a nice pistol from certain destruction.

And the "statute of limitations" is a TIME LIMIT. On how long a crime can be charged. It doesn't matter who believes what. IT IS WHAT IT IS. And that TIME LIMIT EXPIRED 22 YRS AGO!

When you file a VOLREG. They don't ever even contact the person filing. They never investigate whether their story has credence. They are just glad to know where it is, and who has it.

Unless it has been reported stolen. Then they simply ask you to turn it in. THE ACT OF FILING THE VOLREG. Already tells DOJ that you are doing the right thing. Which you have already assured you will do.

Additionally, I understand the issue(s) of receiving stolen property

Yes PC-496, is an ongoing crime. But what makes your entire premise IRRELEVANT is that the CRUX of pc-496. Is bolded in the below quote. Which is the ELEMENT OF PROVABLE INTENT. Which in the OP's instance is NOT THE CASE.

Because as "rcslotcar" aptly noted, and has been mentioned many times here. The OP has NO DIRECT KNOWLEDGE of a crime having been committed.

It's true my wife and I have no knowledge of it being stolen or involved in a crime, nor do we expect it to be. However, I don't want to be in a position of being on trial having to convince a jury that I or my wife had no knowledge of it. (Again perhaps I watched too many CSI and Law and Order episodes)

I was hoping there would be a friendly LEO who was willing to help me by either (a) meeting me at his station to take the gun in and run it, or (b) call someone in advance he knows and trusts to be reasonable and understanding. FYI, I don't mind (if it's not stolen) his LE agency keeping it until the LEGR and VOLREG are completed. The only thing I don't want is to present it to an LEO that is not reasonable or understanding and decide to put me in handcuffs instead of issuing me a "receipt" if it somehow is stolen.

If it does come back stolen they will keep/destroy the weapon and issue you a receipt with the report number on it.

Here is a PM I got in my inbox. I won't disclose the members name, but it is extremely relevant as to my concern.

Psst... hey, buddy. There are double agents of ATF and such on this forum just waiting to ruin somebody's life when the opportunity presents itself. If you dont know any Leo's personally, dont risk it! You'd be better off surrendering it under one of those no questioned asked buy-backs or destroying it. Dont take the risk here. Even my LEO friend tells me of other officers who are in it for the power trip and other wrong reasons, like ruining lives, to feel good about themselves.

I get it this is speculation, but I'm not sure I want to run the risk. As a middle-aged white guy who has never been arrested and supports LE, in this day and age I know there are bad apples on power trips everywhere and even though this at first glance seemed to be an easy and reasonable thing, I don't want to be on the receiving end of of a LEO having a bad day and thus can't seem to put my trust there.

[a308garand]

What if it was used in a murder? Hot gun sold on the street to conceal its history....

[pacrat]

What if it was used in a murder? Hot gun sold on the street to conceal its history....

[GizmoSD]

If by “factually correct” you mean “Sadly LE can NO LONGER simply run an AFS check, and hand it back to you if it's not reported stolen” then I just suppose we will have to disagree on what a “fact” is.

If this was a counter radio call, I’d happily 1. Run you and make sure you’re not prohibited and 2. Make sure it’s not stolen.

Both check out? Have a nice day. Done it before, I’m sure I’ll do it again. People find guns in storage units They bought at auction all the time.

It’s a shame you’ve been made to believe every cop secretly wants to arrest you, or some other adversarial option. It’s simply just not the case.

You came here for advice from LEO’s. You’ve been told everything from avoid LEO’s at all costs, to “throw the frame in a lake.” People have tried to interpret laws for you they clearly don’t understand. The penal code is the tip of the iceberg.

Good luck OP.

[CDK3]

If by “factually correct” you mean “Sadly LE can NO LONGER simply run an AFS check, and hand it back to you if it's not reported stolen” then I just suppose we will have to disagree on what a “fact” is.

If this was a counter radio call, I’d happily 1. Run you and make sure you’re not prohibited and 2. Make sure it’s not stolen.

Both check out? Have a nice day. Done it before, I’m sure I’ll do it again. People find guns in storage units They bought at auction all the time.

It’s a shame you’ve been made to believe every cop secretly wants to arrest you, or some other adversarial option. It’s simply just not the case.

You came here for advice from LEO’s. You’ve been told everything from avoid LEO’s at all costs, to “throw the frame in a lake.” People have tried to interpret laws for you they clearly don’t understand. The penal code is the tip of the iceberg.

Good luck OP.

Sorry, I don't think all LEO's secretly want to get me and I know I was being trolled in my PM. It's just I feel the risk vs. reward doesn't seem to add up.
I'm curious about the counter call and even the storage auction scenario you mentioned. If I could play out those hypotheticals with you. First what is a "counter call"? Would that be where I drive the gun into your station in the back of my car and give you my story and ask you run it? Also, are you saying that if (1) you run me and I come up clean (FYI I own two guns already and can buy ammo, so I assume I'm in the system as approved) and (2) the gun does not show as stolen--are you saying you would give it back and say have a nice day? Would this include if I had bought a storage unit at auction and based on the story you knew the gun was not registered to me--you would still give it back and say have a nice day?

What would happen if the gun did come back as stolen? Does it show when it was stolen (ie. 25 years ago) and if it did show the gun was stolen 25 years ago, I assume you would seize it, but what you do to me (based on my story of the ex-boyfriend)? Also, to play the hypothetical out further, after you seized would your agency run ballistics to see it matches up with unknown shootings or murders? And how much sheiyt do you think I would be in if it did match up to a shooting or murder (because her Ex may have been stupid enough to buy it off the street)? Would you believe my story about my wife's ex-boyfriend? Would you think my wife was biased and say anything to keep me out of trouble? I think you can appreciate how my life would essentially be over, especially if I couldn't afford a good defense attorney. And for what? Back to my risk vs. Reward argument. I get it the risk is minuscule but for what, to get a P14 I don't even really like? I have a wife and kids and there is too much to lose. I'd rather just save up to buy the gun I want. Thank you for listening. FYI as a suburban white male, I like and respect law enforcement. The problem is the sliver of a chance it could go sideways. FYI I didn't mean to ask any LEO to run something illegally. Luv ya man!

[edgerly779]

^^ Guns in storage sale have to be surrendered to leos. If not claimed then file legr. Try getting local pd to run the gun and see how that works for you. Likely tell you no way.

[GizmoSD]

[CDK3]

Thanks Gizmo, your answer is consistant with other LEO answers like "L-2" and perhaps even more complete. What is obvious is there is no way to find out without putting myself (or wife) out there on the line where there is some risk or "jeopardy". Inasmuch as I hate to see a firearm needlessly destroyed, I would hate worse to see my life needlessly destroyed. Since I don't particulary like or even need this firearm, because I already have two I do love (Colt and S&W), my decision is to give it up in a no questions asked buyback and just save up for a gun I want. Thanks again for everyone's input.