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Giving a firearm to a LEO

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  • Chewy65
    Calguns Addict
    • Dec 2013
    • 5041

    Giving a firearm to a LEO

    Is there a problem where a person brings a firearm to a station to be surrendered and they permit an officer to keep it for himself? It is not turned into the department. Assume the fireearm is over 50 years old, no money or favor of any kind is exchanged. The weapon is California legal.
  • #2
    Gun Kraft
    Vendor/Retailer
    • Jul 2014
    • 804

    Yes there is a problem. Legally it must be PPT'd at a gun store. If the firearm and recipient are old enough where the recipient could have legally taken possession back in the dark ages of paper DROS or no DROS required then it would be hard to prove that did not happen. But just because you can't prove the law wasn't broken doesn't mean it was not.
    SF Bay Area firearm training
    www.gunkraft.com

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    • #3
      1911su16b870
      CGN/CGSSA Contributor
      CGN Contributor
      • Dec 2006
      • 7654

      ^ +1 Meet them at an 01FFL and have them transfer from you to him.
      "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

      NRA Endowment Life Member, CRPA Life Member
      GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
      Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
      I instruct it if you shoot it.

      Comment

      • #4
        P5Ret
        Calguns Addict
        • Oct 2010
        • 6357

        In addition to the above, department policy could come into play.

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        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by Chewy65
          Giving a firearm to a LEO

          Is there a problem where a person brings a firearm to a station to be surrendered and they permit an officer to keep it for himself? It is not turned into the department. Assume the fireearm is over 50 years old, no money or favor of any kind is exchanged. The weapon is California legal.
          If ownership is being transferred to the individual LEO, then the transfer must be done through a CA FFL dealer. [PC 27545]
          ^No exemptions to this.

          If ownership is being transferred to the LE agency due to it being surrendered for disposal/destruction, then it can be transferred to the LE agency without the use of a CA FFL dealer. [PC 27850, 27922, and 31100]
          Last edited by Quiet; 04-28-2022, 7:53 AM.
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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          • #6
            Che762x39
            Veteran Member
            • Aug 2011
            • 4538

            Originally posted by Chewy65
            Is there a problem where a person brings a firearm to a station to be surrendered and they permit an officer to keep it for himself? It is not turned into the department. Assume the fireearm is over 50 years old, no money or favor of any kind is exchanged. The weapon is California legal.
            Yes, on many levels.

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            • #7
              edgerly779
              CGN/CGSSA Contributor
              CGN Contributor
              • Aug 2009
              • 19871

              Must go thru ffl. No other options. Leo status in meaningless.

              Comment

              • #8
                Chewy65
                Calguns Addict
                • Dec 2013
                • 5041

                Thanks all for the info.

                Comment

                • #9
                  Hornetsnest
                  Member
                  • Jul 2010
                  • 211

                  Originally posted by P5Ret
                  In addition to the above, department policy could come into play.
                  THIS

                  Individual depts policies can differ, but everthing about this "hypothetical" screams a LEO receiving a gift, that is potentially hundreds or thousands of dollars, from a non-family member, while on-duty and on gov property and in performance of his/her official duties.

                  Any IA or OPR would have an issue with this.

                  Comment

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