'Abandoned' PPT firearm

[PolishMike]

It's quite an assumption that the gun can not be legally returned to either party if neither party can be found.

I'd sell it to recoup the storage fees.

If you have no one to return it to it can not be legally (or illegally) returned. That has nothing to do with whether the seller is prohibited or not.

Selling it without following the law can only hurt you. Definitely not worth the $300.

[kemasa]

It's quite an assumption that the gun can not be legally returned to either party if neither party can be found.

I'd sell it to recoup the storage fees.

In the case of a PPT, the law states what must occur, no assumptions. Selling it would violate the law. So, if you want to violate the law, then the risk is on you for getting caught and the cost of dealing with that.

BTW, I would not post on a public forum that you are willing to violate the law for money.

[five.five-six]

In the case of a PPT, the law states what must occur, no assumptions. Selling it would violate the law. So, if you want to violate the law, then the risk is on you for getting caught and the cost of dealing with that.

BTW, I would not post on a public forum that you are willing to violate the law for money.

I would not post on public forum that I normally assume a buyer and seller were both prohibited persons without any evidence to that point.



The law makes not mention and FAILS to address the eventuality of not being able locate buyer or seller.... ER, do you have a super secret decoder ring that sees words in the law that no one else cans see?

[kemasa]

I would not post on public forum that I normally assume a buyer and seller were both prohibited persons without any evidence to that point.

That is a good idea. I have to wonder where you came up with that as it seems that you completely made it up out of thin air since no one mentioned that both were prohibited. All that matters is whether the firearm can be legally transferred. If the person can not be contacted, it can not be transferred, which has nothing to do with being prohibited.

I suspect your response is just because you were called on your statements which violate the law.

The law makes not mention and FAILS to address the eventuality of not being able locate buyer or seller.... ER, do you have a super secret decoder ring that sees words in the law that no one else cans see?

The CA PC was posted above. There are words which are stated which it seems that you can not see. For most people, the law is fairly clear.

[Burbur]

Has a definition (time-span) been established for "forthwith"?

Without that definition, I could continue attempting to contact the rightful owner, until escheatment kicks in. But that's what storage fees after 90 days are for.

[kemasa]

http://dictionary.reference.com/browse/forthwith?s=t&path=/

[WFAInc]

So say if neither parties can be reached for quite some time. Can an FFL hypothetically remove parts from the firearm and then turn in the frame to law enforcement as abandoned? That seems to follow the PC.

[acespawnshop]

Kemesa, We have several firearms here where the purchaser was not denied, and they just never picked up the firearms. Can we just keep holding them in the case that they do show back up and want to redo their paperwork? I see the PC you quoted and that seems to deal with PPT's but what about a normal DROS, and a pawn redemption? I know the PC for pawns says that when they are denied we have to turn over to police immediately but in both of these cases the customer just failed to come pick up. Whats the dealio?

[ugimports]

Don't know about the pawns, but we have policy after 90 days of no pickup the firearm is abandoned and becomes UGI Property regardless of DROS outcome.

Also, I'm assuming at some point your storage charges kick in and will be worth more than the firearm.

[acespawnshop]

Yes, UGI we even have a signed customer agreement that states that any firearm left over the 30 day period accrues storage charges at $10 per day. At this point the one guy owes like $1800 in storage charges.....

[kemasa]

Kemesa, We have several firearms here where the purchaser was not denied, and they just never picked up the firearms. Can we just keep holding them in the case that they do show back up and want to redo their paperwork? I see the PC you quoted and that seems to deal with PPT's but what about a normal DROS, and a pawn redemption? I know the PC for pawns says that when they are denied we have to turn over to police immediately but in both of these cases the customer just failed to come pick up. Whats the dealio?

I assume you mean for a transaction which is not a PPT, correct? Only the PPT has the CA PC limits as to what you can do, well, as well as what you said about a pawn redemption being denied (I was not aware of that as I am not a pawn shop).

For a normal sale/transfer, your policies, as well as any state laws regarding abandon property would apply. Nothing that I know of would prevent you from retaining them for as long as you like. There is the question for a normal transfer as to who actually owns the firearm. They have a money interest in it, but it is not theirs until it is transferred.

For a normal transfer you are not required to do anything specific with the firearm if the person does pick it up, even when the person is denied (other than not giving it to them). If they are denied, you need to be careful what happens to the firearm since when inspected they often want to know in order to ensure that the denied person does not get it.

[kemasa]

Do you have an policy when you consider a firearm abandon? In my agreement, I consider the firearm to be abandon after 45 days. If you just charge storage, it can take a long time for the amount of money for storage to exceed the value of the firearm.