Correct way to get guns back from police?

kingson

kingson

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I'm an FFL and I had a customer ask me this question. He has a friend that has a bunch of gun that where taken by the police. Now that person is a felon and can no longer posses guns. The felon now wants to get his gun from the police and get rid of them. He wants to transfer them to my FFL. What is the proper way to go about this?

I have only done this once and a lawyer made the arrangements. I just had to go to the police station and pick them up.

Does the felon have to get a lawyer involved or does he just have to tell the police that he wants his guns transfered to an FFL?

This is in NH of it makes a difference.
 
Not sure about NH but In mass the police transferred my buds directly to me

I’ve been told this is verboten but it’s not the first time for me either

*realization I keep questionable company 🤣
 
I have done this a number of times. Two key elements: what are the PD requirements and how do you log the guns

The only way to find out the PD requirements are to ask. Typically they want a written/signed statement from the person who owns them saying to release to you. But until you ask, you do not know what hoops they may impose. It might require a lawyer. It might require nothing but you showing up.

As to logging in, a lot of FFLs do not get this correct. You log them in from the owner. The police possession is not a transfer so they are not part of the paper trail.

Someone else commented about direct release to a private party. This is also just fine as long as the private party is a resident of the same state as the owner. But hey, the police can do what the police do...
 
CMEBoston said:
Not sure about NH but In mass the police transferred my buds directly to me

I’ve been told this is verboten but it’s not the first time for me either

*realization I keep questionable company 🤣
Click to expand...
The PD can transfer the guns to any person with a valid LTC designated by the confiscee/owner of the guns, provided that they are (a) Not beng held as evidence, and (b) the guns were not confiscated as the result of a 209(a) restraining order. If the guns were confiscated pursuant to a 209(a) they may only be transferred to an FFL designated by the owner, or of course, a bonded waretheft house.

PD reaction ranges from "Thank you for getting these out of our property room" to downright obstinance and in one case the Scriv told me about, a call to the bonded warehouse "please hurry, the owner is coming here with an LTC holder/FFL (forget which) he wants to transfer the guns to.
 
CrackPot said:
I have done this a number of times. Two key elements: what are the PD requirements and how do you log the guns

The only way to find out the PD requirements are to ask. Typically they want a written/signed statement from the person who owns them saying to release to you. But until you ask, you do not know what hoops they may impose. It might require a lawyer. It might require nothing but you showing up.

As to logging in, a lot of FFLs do not get this correct. You log them in from the owner. The police possession is not a transfer so they are not part of the paper trail.

Someone else commented about direct release to a private party. This is also just fine as long as the private party is a resident of the same state as the owner. But hey, the police can do what the police do...
Click to expand...
Soo, transferring on the portal EFA-10 is not good ? Someone I know, with an uncle with dementia, had his pistol taken and the PD, who took possession, transferred it to my friend on the portal. Figuring Dementia patient can’t do. Haa,haa.
 
CrackPot said:
As to logging in, a lot of FFLs do not get this correct. You log them in from the owner. The police possession is not a transfer so they are not part of the paper trail.

Someone else commented about direct release to a private party. This is also just fine as long as the private party is a resident of the same state as the owner. But hey, the police can do what the police do...
Click to expand...

If the owner is in prison in a different state than where he lived/was convicted, what is his state of residence?
 
71montess said:
Soo, transferring on the portal EFA-10 is not good ? Someone I know, with an uncle with dementia, had his pistol taken and the PD, who took possession, transferred it to my friend on the portal. Figuring Dementia patient can’t do. Haa,haa.
Click to expand...
Dementia patient no longer had a LTC I suspect. I am not aware of the PDs ability to transact on MIRCs so that would be very interesting. Not a surprise but just not something I have heard of. I will ask the licensing sergeant here if they have that ability. Without a LTC yes the dementia patient could not transact anything. It would require a FFL in MA to effect the transfer.

milktree said:
If the owner is in prison in a different state than where he lived/was convicted, what is his state of residence?
Click to expand...
Nice edge case. I would use a FFL.
 
Wow…this NES and I’m so disappointed. The answer is obvious; you kick in the door, bang all the female dispatchers, leave an upper decker and toss all the cruiser keys on the roof. Grab the guns and hit the road never looking back…..duh

The FFL thing is a much safer route but hey, ymmv
 
Okay the original post said that this was New Hampshire so we can wipe out all this Massachusetts bologna. Call the police department talk to who's ever in charge of the evidence room ask them if they will release them to you as an FFL with the owner's consent. Make sure that you point out to them that once they release them to you you cannot give them back to the owner they are logged into your book and they are yours. Depending on the department and the disposition of the case you may even need a court order for this to happen.
 
OP was asking about NH which I am not familiar with, Crackpot seems to have answered this correctly. Call the PD holding them and ask.

I am dealing with this for a friend here in MA right now. There is an option on the MA firearm portal for transfer to buyer after surrender. www.https://mircs.chs.state.ma.us/fa10/action/surrender_to_police?app_context=surrender_to_police&app_action=presentInitSurrenderToPolice&page=1&transferType=I&bod=1718537392900

I just need to get his PIN and the S/N of the pistol.
He was in an auto accident in January of 2021 (no drugs/alcohol involved) and was in a coma for over a month.
He did not have a designated P.O.A. or H.C.P. so his parents applied for, and were granted temporary guardianship (90 days then auto expired) in order to make medical decisions for him. He recovered completely and has been carrying daily since.
Last month the local PD showed up at his house and took his only pistol and licence by order of the probate court pursuant to Chapter 140 Section 131.

YES, OVER THREE YEARS LATER!

He is being told that he cannot even petition for relief until 2026 pursuant to Chapter 215 Section 56C which seems totally wrong.

Anyone here have experience with this type of situation?
 
He is being told that he cannot even petition for relief until 2026 pursuant to Chapter 215 Section 56C which seems totally wrong.

Morally wrong, yes. Factually wrong - probably not. :mad:

The problem is that the guardianship was a finding that the person was unable to manage their own affairs, and MA law requires such persons are banned from having an LTC. To make it worse, not only does he have to wait 5 years, but must apply to the court (and hire and attorney to do so effectively) to get his firearms back after 5 years.

The only chance I see is a federal Bruen based case, however, the First Circuit tends to be hostile to gun rights.
 
Rob Boudrie said:
He is being told that he cannot even petition for relief until 2026 pursuant to Chapter 215 Section 56C which seems totally wrong.

Morally wrong, yes. Factually wrong - probably not. :mad:

The problem is that the guardianship was a finding that the person was unable to manage their own affairs, and MA law requires such persons are banned from having an LTC. To make it worse, not only does he have to wait 5 years, but must apply to the court (and hire and attorney to do so effectively) to get his firearms back after 5 years.

The only chance I see is a federal Bruen based case, however, the First Circuit tends to be hostile to gun rights.
Click to expand...
Just one more reason to get out of the shithole known as Massachusetts. If that happened in any constitutional state, it wouldn't make a difference, as the wife or the parents could instantly say the guns were theirs. Licensing scheme is not required.
 

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