Handgun recovered by law enforcement, what can I expect?

[Lumpy8]

Got a call the other night that a handgun I had originally purchased new in 1980 had been taken off a person that had been arrested.

I originally bought this handgun new in 1980, sold it to who knows who (can't remember, no record) a couple years later. This time frame being before you had to do any paper work on transfers.

The police called me because I was still the owner of record.

The police gave me a case number and told me that I could claim the handgun, directing me to the property room at the police station.

So, sometime in the next couple of weeks I'm going down to the station to claim the handgun.

I don't have a clue what to expect when I get down to the police department to claim this handgun.

My questions for this forum: The handgun is still registered to me, do I need to do any State or Federal paper work?

[Dutch Schultz]

Just out of curiosity, how far did it travel?

[tenpercentfirearms]

You might have to fill out a LEGR. Google it.

[CSDGuy]

LEGR. The Property Room likely isn't supposed to release the firearm without it. If you don't pick up the firearm... into rebar it will become.

[kemasa]

Hmmmm, the firearm is not legally yours since you sold it. Yes, you are the last recorded owner, but you had best hope that if you go to claim it that they don't have a lot of questions for you.

[Lumpy8]

Dutch, the gun has stayed in my home town, recovered by the local PD.

kemasa, Care to elaborate on what those questions may be.

[sniper5]

Prior to 1990 FTF sale of pistols between private individuals was totally legal. No documentation was required. They may ask you when you sold it and to whom. It is a shame if you don't remember the name of the true owner. It would be nice if he could get it back. Surprising there was no theft report made. Maybe he didn't remember the serial numbers. They might be able to narrow it down if they have records of the thefts after the year it was sold, combined with the info from the perp on when the theft occurred.

[tenpercentfirearms]

My question is what did you tell the cops? If you told them you sold it and are not the rightful owner anymore and they still tell you to come get it. Then go get it. Buy a homeless guy a meal and that makes it even.

[Mstrty]

Its a trap. As soon as you claim to be the legit owner of the gun out comes the cuffs.

[kemasa]

I agree with Wes.

The questions could be if the firearm was used in a crime after you sold it. The police might wonder if you were the one who used it. If you did not tell the police that you sold it, then you could have a problem.

Did you tell the police that you sold it?

[Barbarossa]

LEGR. The Property Room likely isn't supposed to release the firearm without it. If you don't pick up the firearm... into rebar it will become.

You will need a current Handgun Safety Certificate, as well as the LEGR form.
LEGR form is sent to CA DOJ, and you get a letter back in 6-8 weeks, saying your okay to own it.

You have 180 days to pick up the gun from when it is recovered.

[kemasa]

Don't count on it. Surprise is often used to get a better response.

[tenpercentfirearms]

Don't count on it. Surprise is often used to get a better response.

I too am thinking the odds of this being a set up are really, really minute. I am not sure if there is a statute of limitations or not.

However, kemasa's warning is sound and you should be prepared to assert your rights to be silent and say nothing further until your lawyer gets there.

[kemasa]

I personally think that he also needs to be honest and tell them that he sold the firearm years ago. If he then does not get it back, then so be it. Otherwise he is basically falsely claiming ownership. He also does not want to change his story.

The statute of limitations depends on when something happened. If something happened and he changed the story from being the owner to having sold the firearm years ago, how do you think his new statements will be viewed?

BTW, there is a law professor who have a youtube video who says that you shold never talk to the police. The officer he also had in his class said the same thing. Nothing you say will help you and everything can be used against you. Police do not tend to talk to people (other than witnesses) unless the person is a suspect. The officer was asked if a person he was questioning ever said anything in which it caused him to change his opinion as to the person's guilt and the answer was no.

http://www.youtube.com/watch?v=i8z7NC5sgik

http://www.youtube.com/watch?v=08fZQWjDVKE

[Lumpy8]

I went down to the station today and identified myself as wanting to claim the handgun. I was immediately arrested and thrown into a holding tank. I was held for the next 8 hours only given bread and water....


















NOT













There have been a lot of assumptions here. I may not have been clear even tho I tried in my first post. Some of the posters have real imaginations! Let me clarify some of those assumptions.

The gun was not reported stolen, ever!

The gun was not linked to any crime, except for the person being arrested was illegally in possession of the gun and unable to prove lawful ownership, which I don't know if he will be prosecuted of that violation. That person was contacted by police on an other issue (vehicle stop) and was found in possession of gun.

I went down today to the station and met with the sergeant of the property room and the detective in charge of this particular case. They both gave me the impression that I am the "lawful owner."

The sergeant gave me the "Law Enforcement Gun Release Application" (LEGRA) he said to fill it out and send it off. The detective said by the time I got the letter back from the DOJ this case should have been heard in court and the gun could be released.

Now, I will assume... I was contacted by the police because I'm the "lawful owner." I have not been asked what the deposition of the gun was/is/has been since it was originally purchased and registered by me in 1980, so, I will follow their directions.

I will inquire about the court case after it is heard just for S&G to read what the case was all about.

I filled out the LEGRA and no where on the application does it ask for my "Handgun Safety Certificate" number or to send any copies of said certificate.