30 day hold?

[trex65mil]

MODS: If this is in the wrong place I apologize, please move to the correct place if need be

I posted this in a different sub forum and was told I might have better luck here.
So, I have a dealer question. The police confiscated some firearms of mine because of a 5150. After arrival at the hospital I was released after about an hour because the doctors declared I was drunk, not suicidal. The doctor said he was canceling the 5150. I did a Firearms Eligibility Request Livescan and spoke with the attorney the PD uses and I am still able to purchase and possess firearms. However since the PD confiscated those particular firearms, they don't want to release those to me; I could literally go buy them at a store today but can't get them from the Police. Seeing as it wouldn't be financially worth it to get them released to me through court they have told me that I can transfer them to my father if I go through a dealer. I found a dealer and he said I need to sign some papers to release my interest in them, he holds them for 30 days and my father can then pick them up from him. Never had anything like this happen before so my question is, does this sound on the up and up or does it sound like he's going to have me release my interest and run with them? Thanks in advance.

[halifax]

Don't transfer them to your father. The dealer can hold them for you until this is resolved without any change in ownership.

29830. (a) Any person who is prohibited from owning or possessing a
firearm pursuant to this article, or who is prohibited from owning
or possessing a firearm pursuant to any other law, may transfer or
cause to be transferred, any firearm or firearms in his or her
possession, or of which he or she is the owner, to a firearms dealer
licensed pursuant to Section 26700 to 26915, inclusive, for storage
during the duration of the prohibition, if the prohibition on owning
or possessing the firearm will expire on a date specified in the
court order.
(b) A firearms dealer who stores a firearm or firearms pursuant to
subdivision (a), may charge the owner a fee for the storage of the
firearm or firearms.
(c) A firearms dealer who stores a firearm or firearms pursuant to
subdivision (a) shall notify the Department of Justice of the date
that the firearms dealer has taken possession of the firearm or
firearms.
(d) Any firearm that is returned by a dealer to the owner of the
firearm pursuant to this section shall be returned in accordance with
the procedures set forth in Section 27540 and Article 1 (commencing
with Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6.

Your lawyer can get an order from a judge for the dealer to release them to you or just have you re-DROS everything since you he says you are GTG with that.

ETA: Interesting, the form your dealer will need to take possession (BOF 992 Report of Firearm Storage for Prohibited Person) doesn't seem to be available on the DOJ website any more.

[trex65mil]

Just got your email and I was confused. Sorry. I don't currently have a lawyer. I asked around and the price of a retainer to just start is about twice what the guns are worth.

[halifax]

I'm not a lawyer but the way it should work is:

You find a dealer who is willing to HOLD (no transfer of ownership) your firearms for you.

The dealer will need to file the form I sent to you (BOF 992 Report of Firearm Storage for Prohibited Person)

Once this is all cleared you can re-DROS everything back.


ETA: Seeing that you believe this is already resolved, it becomes a two-step process. The dealer gets your guns from the PD and re-DROSes them to you.

[trex65mil]

I would hope that's all I need to do but PD stated specifically that they'd do a transfer and that's it. In all honesty I don't need them in my possession, I rarely shot them and mainly collected them. If I can just keep them in the family and not have them become manhole covers, I'll be happy.

[halifax]

The PD is doing a transfer...to the dealer who's responsible for following through in a legal manner.

If you want them to go to your father do what the dealer tells you to do.

Good luck.

[kemasa]

You should only have to fill out the personal certificate of eligibility, submit it to the CA DOJ and get it back. As long as you are not prohibited, they should return the firearms to you. The cost would be low. You could later choose to transfer the firearms to your father, which would most likely be lower in cost than having a FFL pick them up and transfer them.

Otherwise you could have a FFL pick them up, which is going to cost a bit of money, and do the transfer to your father, which will cost a bit of money as well.