Receiving from LEO custody and return to owner

[glane5910]

I am an FFL. one of my friends gave guns to his son. Son ended up having them taken by a local LEO. They concluded the investigation and giving him his weapons back but have to be released to an FFL (which I'm going to get them for him). He is giving the guns back to his dad. My question is, do I have to DROS those back? private party transfer?

[ronlglock]

Receiving from LEO custody and return to owner

Weapons still registered to son. We were in a similar situation and DOJ rep said to give firearms back to the owner and file the court order paperwork in our DROS binder.

After the son has the weapons, he can do interfamial using https://oag.ca.gov/sites/all/files/a...orms/oplaw.pdf

As FFL, you should not need to file any paperwork with state or feds.

[glane5910]

Thanks for your reply. The only one registered to the son is the handgun. The father bought the long guns years ago and gave them to the son. An incident happened at the home and LEO took the weapons at the encounter at the son's home, Son pled to a domestic violence charge. Do I put the weapons in my bound book, if so how/what do I put as the disposition of them? Doe's the dad need to do a separate transfer paper on each weapon? Thanks again

[ronlglock]

[glane5910]

Thanks again for the information. I plan on picking them up Wed from the local LEO so I will know more when they give me their paperwork along with the weapons.

[ugimports]

If there's no AFS record for the long guns you will have to reDROS back to son or dad. I wouldn't just "give them back" as you have no papertrail on ownership either. Since roster doesn't apply you can do as a dealer sale and no need to do as a PPT. Up to you what you want to charge for fees if a non-PPT transaction is done.. 1-in-30 may apply as well if centerfire semi-autos. I don't recall if getting firearms back from PD is an exemption to that.

[glane5910]

Actually found out a little more detail. Son was arrested and pled to a domestic violence charge. The long guns were the father's that the kid had borrowed to go shooting so they happened to be at the house when LEOs showed up. The handgun belongs to the son. The property room told me they were releasing them to me to get back to the father.

[ronlglock]

The handgun might need a call to to your DOJ agent. Son cannot have, yet registered to son. U need to transfer ownership without son as source. Perhaps dealer sale but unsure.

[ugimports]

If property room is returning long guns to you vs father direct then I'm guessing no AFS records. That being the case I think you have to DROS back to father.

[QuinnBayArea]

The handgun might need a call to to your DOJ agent. Son cannot have, yet registered to son. U need to transfer ownership without son as source. Perhaps dealer sale but unsure.

Dealer Sale with FSC Exemption X03 - Returning to Owner??

[ugimports]

Is there some proof who the owner is? Sounds like no AFS record otherwise PD would release it, no?

[glane5910]

Follow up for everyone. Spoke to DOJ, they said just do a PPT on them and call it good. Thanks for all of your replies

[Tyke8319]

More and more I get the feeling that DOJ pays little heed to what is being done as long as the gun is in the system eventually...