Question concerning ex roomates guns.

[hotrodandy]

So long story short, a roomate I had moved out about 4 months ago. He bailed on his part of the lease, left a bunch of his crap for me to clean up, etc. I found, amongst all his stuff that he said was trash, a .38 s&w revolver, and some weird single shot .22 pistol. Ive only been is CA 3 years, and am moving back to florida the beginning of august. I would like to get rid of these 2 guns before I leave. My question is, can I? And If so what route do I take? Technically they arent mine, but he has refused contact. Any suggestions?

[halifax]

Attempt to contact him again and let him know the firearms are going to LE unless he does something with them.

[Simi-Surfer]

I would call local LE and let them know that you are bringing them in first. Don't want to just walk in the station with them. Your ex-roommate seems to be lacking in responsibility and good judegment. Probably best the these firearms are not in his possesion. Hate to see them get turned in, but in this case ??????

[zinfull]

Give him a chance to claim the guns. If not wait for a buy back and sell them like any gang member getting rid of a hot gun.

[allpoint]

If you are not a ffl and this is not a private party transfer you are not required to turn the guns into LE to be destroyed. I would hold them, attempt to make contact and wait 45 days. If the roommate does not respond I would then sell them to recoup my losses from rent.

[SWalt]

I'd call and take them to LE. But if you want them either to recoup a loss from the room mate or even because your want them, explain to them they are abandoned property and you are claiming them if your roommate doesn't come to claim them. There is usually a time period in which he could claim them. If they have been used in a crime or been stolen, guess what, that path now leads back to you. Explaining to another LEA they were some long lost roommates vs knowing they were checked out? I know what I would do.

[fishhoppa]

I would call local LE and let them know that you are bringing them in first. Don't want to just walk in the station with them.

I agree with the above. Call local LE and let them know. Ask what the proper procedure would be for treating abandoned/found guns. And for your own protection, make sure you transport them in a legal manner. Unloaded with magazine out in a locked container in the trunk of your car. Good luck.

[the86d]

Trunk of car I don't believe is required:
Locked case, no round in chamber, no loaded mag in well...

Unless there is a change that I am unaware of.

[DEPUTYBILL]

Maybe just call the local PD/SO and have them come to your location to turn in the guns. That would save you the trip, packing issues, and gas money. I would not keep them as you do not know their history, and that might bite you at a later date.

[philobeddoe]

uh ... I dont think that's great advice



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ΜΟ;ΛΩΝ ΛΑΒΕ;

[RickD427]

If you are not a ffl and this is not a private party transfer you are not required to turn the guns into LE to be destroyed. I would hold them, attempt to make contact and wait 45 days. If the roommate does not respond I would then sell them to recoup my losses from rent.

With all due respect to this posting, I would strongly advise that you deliver them to your LE agency as "found property" in the manner described in several of the above postings.

Most importantly, this creates a clear record that you handled the weapons responsibly. If one of the weapons is in the system as being stolen, this will reveal it. If it were found to be stolen after you sold it to recoup losses, guess who else will be going to jail (even if only for the "very short" period of time needed for the investigator to clear you.)

Secondly, if any of the found weapons are valued at $100 or more, the law requires you to turn them over to LE.

You still may be able to recoup some loss even after submitting the weapon to your LE agency. If the weapon is unclaimed by the owner, you're then entitled to take possession of the item and would be able to sell it. I can see a ton of procedural roadblocks in terms of FFL transfer, LEGR and DROS issues, but the law does give you the right to reclaim.

[hotrodandy]

Thank You all so much. As Much as Id like to sell them, to recoup some of my money, I believe Ill take the safe way out.

[DEPUTYBILL]

uh ... I dont think that's great advice



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ΜΟ;ΛΩΝ ΛΑΒΕ;

Tin foil hat?

You can always meet them outside your house. If you feel the need.
The only issue I can see, is if the guns do come back stolen, they might want to look at any other abandoned property of the roommate to see if it might be stolen as well.

[allpoint]

With all due respect to this posting, I would strongly advise that you deliver them to your LE agency as "found property" in the manner described in several of the above postings.

Most importantly, this creates a clear record that you handled the weapons responsibly. If one of the weapons is in the system as being stolen, this will reveal it. If it were found to be stolen after you sold it to recoup losses, guess who else will be going to jail (even if only for the "very short" period of time needed for the investigator to clear you.)

Secondly, if any of the found weapons are valued at $100 or more, the law requires you to turn them over to LE.

You still may be able to recoup some loss even after submitting the weapon to your LE agency. If the weapon is unclaimed by the owner, you're then entitled to take possession of the item and would be able to sell it. I can see a ton of procedural roadblocks in terms of FFL transfer, LEGR and DROS issues, but the law does give you the right to reclaim.

I appreciate your rebuttal, but I don't believe in destroying guns. PC 28050 is for disposal during a Private Party Transfer which this is not. So if he was to follow Civil Code 1983 (a-c)Notice to Claim Property, Civil Code 1984 (b) (1 & 2) Property less than $700 kept, sold or destroyed, and Civil Code 1988 (a-c) Property sold at public sale. Your chain of custody don't begin until you send notice of abandoned property so any crime that was committed with the guns before that are not associated to you. I believe in saving guns and recouping my money.

[Gutpile66]

In Washington State while steelhead fishing I found a revolver and a CB radio stuffed into a hole in the trunk of a tree. Took them to local P.D., said I found them. Waited about a month and the police called told me to come in and pick them up. Evidently they weren't reported stolen so I got to keep them. Bonus. Don't remember if I caught any fish that day.