Pawn Redemption Denials

[acespawnshop]

Here's the question and a little info so you all know how the pawn redemption denials work.

If a customer pawns a firearm and is denied their DROS we are required by law to immediately turn that firearm into our local police department. We've only had it happen a few times here but we call WCPD and usually one of the guys who knows us will 'volunteer' to come down here and pick it up. We dispose of it in the book as: WCPD, Case Number XXXXX, Officer Daniels, badge number 12345 and so on.

We then notify the customer that they've been denied by the DOJ and provide them with the BOF form 110. We tell them that we have delivered the firearm as required under CA Law to our local PD, here is the case number and the officer who has taken the item. You can call the PD and speak with them regarding the firearm, but at this point we have nothing more to do with it.

My question is thus. Can we get the firearms back from the PD to sell on behalf of the prohibited person(s)? We all know that SCOTUS has ruled that the prohibited person has the right to the monetary value of the firearm and can have an FFL dispose of the firearms for them. I think I have a few ideas here that may help people. 1 we can help get them compensated for their items, or storage until stuff gets cleared up. I am wondering if we can do consignment sales on them? Since the DROS was not delivered back to them would this still be a consignment or a dealer sale? What paperwork is needed when you take firearms from the PD for safe keeping/ sale?

Thanks everyone.

[ugimports]

...
My question is thus. Can we get the firearms back from the PD to sell on behalf of the prohibited person(s)? We all know that SCOTUS has ruled that the prohibited person has the right to the monetary value of the firearm and can have an FFL dispose of the firearms for them. I think I have a few ideas here that may help people. 1 we can help get them compensated for their items, or storage until stuff gets cleared up. I am wondering if we can do consignment sales on them? Since the DROS was not delivered back to them would this still be a consignment or a dealer sale? What paperwork is needed when you take firearms from the PD for safe keeping/ sale?

Thanks everyone.

Speaking in general terms because I don't know if there's something specific to pawn business that wouldn't allow you to do this....

I don't know any reason why you can't get the firearm. I've done a few TRO retrievals and I don't keep any extra paperwork from PD. If they are willing to release to me I log in acquisition from that department. I always relied on the affected party to arrange everything.

I would assume you can do that and then resell. At that point it's all civil I would assume between you and denied pawn person.

I can't imagine the PD would release to you without some authorization from the "owner". That's why I typically have them arrange everything and then I setup the appointment to pickup the firearms with the property department, provide my FFL creds, etc... They did have me sign something on release once that effectively stated I knew that I could not release to the TRO party.. which I would think is obvious since they'd just get denied on DROS anyway..

Not sure if this info helps you...

[five.five-six]

My question is thus. Can we get the firearms back from the PD to sell on behalf of the prohibited person(s)? We all know that SCOTUS has ruled that the prohibited person has the right to the monetary value of the firearm and can have an FFL dispose of the firearms for them. I think I have a few ideas here that may help people. 1 we can help get them compensated for their items, or storage until stuff gets cleared up. I am wondering if we can do consignment sales on them? Since the DROS was not delivered back to them would this still be a consignment or a dealer sale? What paperwork is needed when you take firearms from the PD for safe keeping/ sale?

Thanks everyone.

Yes, we do it all the time. We are not a pawn broker but several agencies bring us weapons belonging to prohibited persons to sell on the prohibited person's behalf, usually with the evidence tags still zip tied to the gun. IIRC, CA law dictates that the agency must facilitate the sale of the person's property.

[acespawnshop]

Everything helps UG, thanks for the insight. I've never done anything like this before and I don't think we've had a pawn denial in at least 2 years, but still it is something to consider and could be a potential money maker and keep guns here in CA. Specifically the non-roster pistols we take in on pawn. If we could sell them in CA as a consignment sale I would imagine they would be a hot commodity. How do you go about the consignment process UG? Do you do anything special for these types of sales? I would suppose you log them as coming from both the prohibited party and note via the police department? In the DES I don't see a way to do a consignment directly from the PD. But I've only consigned one gun before and that was an employee's gun anyhow.

[ugimports]

Everything helps UG, thanks for the insight. I've never done anything like this before and I don't think we've had a pawn denial in at least 2 years, but still it is something to consider and could be a potential money maker and keep guns here in CA. Specifically the non-roster pistols we take in on pawn. If we could sell them in CA as a consignment sale I would imagine they would be a hot commodity. How do you go about the consignment process UG? Do you do anything special for these types of sales? I would suppose you log them as coming from both the prohibited party and note via the police department? In the DES I don't see a way to do a consignment directly from the PD. But I've only consigned one gun before and that was an employee's gun anyhow.

For the 2 TROs we did it went like this:
1. Customer contacted us explained situation
2. We gave them quote for us traveling to PD to collect their crap
3. They scheduled appointment between us and PD property people
4. We showed up and picked up their stuff
5. We logged everything coming from relevant PD
6. We had them meet us at our office and complete "seller" portion of manual DROS paperwork
7. Their arranged buyers (one was a friend, the other a cousin) came at a different time (because of scheduling) and completed the PPTs ($35+$10 extra firearms)
8. Buyers came and picked up the stuff after passed DROS - 10 days, etc..

In my case the buyer/person holding stuff was already per-arranged.

I would think the only piece different in your scenario is after step 6. If you're doing consignments your deal might be some % of sales vs the fee I negotiated with them in step 2. Also, since you'd be doing consignments vs PPT my guess is your fee isn't limited to the $35 + $10 for additionals as in my scenario.