Police want my Dad's gun

[ProGun]

My Dad has dementia, is doing poorly, thus completely unable to do a transfer himself. He is not a gun guy, but I removed his old revolver from the house a while back. Now the police want his firearm. It's a 45 year old j-frame that I want, as it was my dad's. They claim it won't go to a bonded warehouse and they know I'm licensed. They tell me I'll be able to get it back. Not sure I'm buying that. Advice? Can I show up with an FFL to transfer? I want avoid having to risk turning it in and never getting it back?

**UPDATE** All good, transfer was done. Thank you @nstassel and I was fortunate to have a good officer to deal with at the PD.

 

[Bigfudge16]

Sounds like your father let you borrow it indefinitely

 

[not new guy]

Did they tell you what they want it for?

If he gave it to you - or you took it - post-dementia I guess someone could make the case that he didn't have the capacity to consent to you getting it but that seems a little far-fetched for the cops to be worrying about that.

Sorry about your dad's condition.

 

[bigben111435]

how did the cops get involved?

 

[ProGun]

Did they tell you what they want it for?

Yes, they are aware of his diagnosis. Not going to get into details, but they have had interactions with him since the dementia.

 

[not new guy]

Yes, they are aware of his diagnosis. Not going to get into details, but they have had interactions with him since the dementia.

I was just wondering what their argument is for them needing it vs. it just staying with you.

 

[PSS]

I don’t think they can take it from you. Your dad loaned it to you. Their involvement should be over

 

[ProGun]

I would assume he was "red flagged".

 

[bauer]

Tell them to get f***ed*


*not actual legal advice

 

[TJ4]

For all of the well-meaning advice that you will get here, I would say that your best bet is to spend the money to speak with an attorney knowledgeable in these matters. We have a few here that people rate very highly, such as @nstassel

 

[bauer]

For all of the advice that you will get here, I would say that your best bet is to spend the money to speak with an attorney knowledgeable in there matters. We have a few here that people rate very highly, such as @nstassel

This is infinitely better advice and likely what you should actually do.

I still like my idea though

 

[jkelly1229]

My Dad has dementia, is doing poorly, thus completely unable to do a transfer himself. He is not a gun guy, but I removed his old revolver from the house a while back. Now the police want his firearm. It's a 45 year old j-frame that I want, as it was my dad's. They claim it won't go to a bonded warehouse and they know I'm licensed. They tell me I'll be able to get it back. Not sure I'm buying that. Advice? Can I show up with an FFL to transfer? I want avoid having to risk turning it in and never getting it back? I do not have power of attorney, if that matters.

Say he lost it

 

[Bigfudge16]

Say he lost it

agreed, do they know you already have it?

 

[ProGun]

agreed, do they know you already have it?

Unfortunately, yes.

 

[milktree]

Unfortunately, yes.

If they're not (yet) showing up at your house with a surrender order, demand they give you the specific law they're using to ask for it.

 

[LakeTrout]

My Dad has dementia, is doing poorly, thus completely unable to do a transfer himself. He is not a gun guy, but I removed his old revolver from the house a while back. Now the police want his firearm. It's a 45 year old j-frame that I want, as it was my dad's. They claim it won't go to a bonded warehouse and they know I'm licensed. They tell me I'll be able to get it back. Not sure I'm buying that. Advice? Can I show up with an FFL to transfer? I want avoid having to risk turning it in and never getting it back? I do not have power of attorney, if that matters.

You don’t need an FFL. You can legally take possession of it.

 

[IPSC_DRL]

I was just wondering what their argument is for them needing it vs. it just staying with you.

The cop likes it and wants it for himself!

 

[ProGun]

For all of the well-meaning advice that you will get here, I would say that your best bet is to spend the money to speak with an attorney knowledgeable in these matters. We have a few here that people rate very highly, such as @nstassel

Thanks, going to try him.

 

[slugworth]

Yeah, that seems pretty strange why they want it so bad knowing it can go to a relative who’s licensed,, it should be over and done with. I just did this with my aunt‘s guns at an FFL and she wasn’t even there just go on the portal and register in your name. Then tell the police its been taking care of…..

 

[Admin]

If you already told the police you have it and they still "want to hold it", they are f-ing commies. F them

Also cops "Why does everyone hate us???"

 

[robjax]

They just want to make the OP spend money on attorney and transfer fees.

 

[HorizontalHunter]

My Dad has dementia, is doing poorly, thus completely unable to do a transfer himself. He is not a gun guy, but I removed his old revolver from the house a while back. Now the police want his firearm. It's a 45 year old j-frame that I want, as it was my dad's. They claim it won't go to a bonded warehouse and they know I'm licensed. They tell me I'll be able to get it back. Not sure I'm buying that. Advice? Can I show up with an FFL to transfer? I want avoid having to risk turning it in and never getting it back? I do not have power of attorney, if that matters.

That’s exactly where it will go. Under the new law it is the only place it can go once the confiscate it.

As said above you really need the right lawyer.

I bet your license renewal will be fun.

 

[Rick O'Shea]

This problem sounds like a train arriving slowly for probably many years. Good luck in these matters!

 

[MaroonedinMA]

It seems pretty straight forward that you, as a licensed individual, could take possession without all the drama. Besides choosing to be general D-bags, why do you think they are making this so complicated? I assume you told them you were taking possession of the revolver or asked to take possession of the revolver...why wasn't that sufficient? Or rather, what nonsense are they offering as a reason?

 

[Picton]

Useful thread.

Lots of us are going to be dealing with this one day or another.

 

[Palladin]

the police are under no obligation to tell you the truth.

Call @nstassel

 

[drgrant]

You can probably get it back, I have a cousin who had this issue. After they nuked her husband's license because of the illness she was able to go to the PD later on and take possession of it formally. It's really a crock of shit as far as I'm concerned and I don't know if I would trust them if I were you.

 

[drgrant]

They just want to make the OP spend money on attorney and transfer fees.

When my cousin did it cost nothing but it was like completely stupid. By the time they confiscated the gun his license was already gone and they could have literally just handed her a piece of paper or had her sign something saying she was taking possession and was going to store it securely. The dog and pony show having her come back a few weeks later to pick it up just seemed wholly unnecessary to me.

 

[LTCRN]

It seems pretty straight forward that you, as a licensed individual, could take possession without all the drama. Besides choosing to be general D-bags, why do you think they are making this so complicated? I assume you told them you were taking possession of the revolver or asked to take possession of the revolver...why wasn't that sufficient? Or rather, what nonsense are they offering as a reason?

The cops are incompetent or want the pistol for their own collection or both.
A relatives sister involved a local friend cop with her recently deceased Father's small amount of firearms. Included in the mix was his Gen2 or 3 department / duty issued engraved G23 that he received as a gift upon retirement. The friend cop sold her a bunch of scary legal bullshit. She gladly and quickly handed them over to this more than caring cop friend. His licensed grandchildren were looking forward to owning something of their Grandpa's, especially his firearms. Now they are long gone, more than likely in the friendly cops collection! She consulted nobody else, not even her sister who would have known legally what to do.

 

[Blackmore]

What town - if you're willing to share - so others living there know what they might come up against from the PD?