Seized Firearms Release to FFL

[Spectre1995]

Hello all,

I'm an 01 FFL licensed dealer, and recently a friend of mine was arrested, and had all of his firearms seized.

I know it's possible to have the firearms released into my FFL inventory, since he wants me to sell them to cover his legal expenses.

What's the best way to go about this? Can his public defender request a court order, or can he file a LEGR while the case is still ongoing? Perhaps some other way?

Thanks in advance!

[SVT-40]

Are the firearms evidence? If so you're not getting them.

Your best bet is contact the detective handling the case and ask about releasing the firearms for sale.

You could also have your friends attorney reach out to the detective also.

[RickD427]

Please see the above post. If the firearms were seized as evidence, they're not going anywhere until the case is resolved. If it resolves with a conviction, then plan on the weapons being ordered destroyed.

If they were seized under the "Domestic Violence" provisions of law, or because the person in possession was prohibited, then please refer to the Supreme Court's 2015 decision in Henderson v United States for a road map of how to proceed.

[Spectre1995]

They weren't seized as evidence as far as I know.

He was originally arrested on a TRO violation that was dropped due to lack of evidence against him. and it was improperly served. During that arrest, they seized all of his firearms. While the TRO was dropped, he was additionally charged with possession of what they consider an AW. To my knowledge, the alleged AW is the only one being held as evidence. The rest are typical bolt action rifles, pump action shotguns, etc.

I'll contact the detective today and see what I can figure out

[sass2924]

We've picked up guns from a PD in these situations. Will probably need to get a lawyer involved and then a court order releasing the guns.

[Stanze]

We've picked up guns from a PD in these situations. Will probably need to get a lawyer involved and then a court order releasing the guns.

Yep, looking at 4-5 figures in lawyer fees. May not be worth it if value is less than that.