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Collecting a friend's guns after a restraining order..

milktree

milktree

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A friend has had a RO put on him, and the local PD has already taken his guns for "safe keeping"

What's the mechanism (if any) that I can go get them from the PD and transfer them to me so they don't go into "bonded storage"


I'm sure this has been covered *somewhere* on the forum, but search hasn't been fruitful and time is of the essence.
 
I would start by asking the cops, since regardless of what the process really is (if any), whatever the desk clerk thinks it is will be the smoothest route you can go. I would suggest talking to them....tell them that he is selling you the guns and ask what paper work will they need from you to have them turned over to you. They may just need a copy of the FA-10.

overall, it sounds like a good idea, since RO are usually the beginning of a lot troubles for everyone involved.
 
Have you/he called the PD and asked?

At best I think you will need an FFL to do the pick up from the PD, and then transfer out to you or others.

Best of luck.
 
milktree said:
But I can't just walk into the PD and say, "hi, can I have $Friend's guns, I have an FA10!", he'd have to be there to sign the FA10 and stuff, wouldn't he?
Click to expand...

He's the officially listed owner of the guns - so yeah, I would think that means he's got to be the one to sign the other half of the FA-10.

How that works when the police department is in physical possession of the firearms - I don't know.
 
You may be too late. They may be at the "bonded whse" already. A FFL can retrieve them and put them into inventory. I have done this for folks who I know as a favor. Then comes the issues of who to transfer them to and "the roster". I've been sitting on some of these since 2000. Some nice stuff, too. Jack.
 
Well for an FA10 you need serial numbers so you would likely need the firearm in your possession and he would probably need to be present then to fill them out and everything. Or maybe he would need an FFL to go take possession of them and then can be transferred to you. I may be wrong... if so I hope someone corrects me shortly!
 
1) Talk to your friend. You'll likely need him there, but at the very least, you need his authorization.
2) Call the police station, ask them what's required.
3) Have your friend call and put in a request for the itemized list of everything siezed, where they're currently stored and his intention to have them transfered.
4) Contact an FFL that is willing to do the transfer and the FFL who is currently storing them (if any)

You want to do this all as quickly as possible. State law allows the PD to store siezed firearms off-site with an FFL. If they do so, the FFL is able to charge "reasonable" storage fees. Your friend does have the authority to request they be transfered to a specific FFL for storage and that they be transfered through an FFL to a third party, but may have to pay any incurred storage fees before doing so.
 
terraformer said:
No, you need an FFL. Thank Chuck Schumer and Frank Lautenberg.
Click to expand...

one-eyed Jack said:
You may be too late. They may be at the "bonded whse" already. A FFL can retrieve them and put them into inventory. I have done this for folks who I know as a favor. Then comes the issues of who to transfer them to and "the roster". I've been sitting on some of these since 2000. Some nice stuff, too. Jack.
Click to expand...

As Terra and Jack point out, per MGL when a 209A is issued ALL guns get confiscated and any transfer MUST be done from the PD to an FFL or Bonded Warehouse (PD gets to choose). From there it is a transfer from the FFL or Bonded Warehouse (both big guys have "all or nothing policies") to the new owner! In all cases, the EOPS List and AG Regs come into play, meaning most handguns are "dead in the water" and can only be transfered out of state.

In fact, even if the RO is vacated and the FFL wants to give them back to the rightful owner, I'm not sure they can do so for non EOPS/AG approved handguns! It certainly is NOT laid out in black letter law that the owner is entitled to get them back and the FFL isn't responsible (criminally and civilly) for illegal transfers.
 
LenS said:
In fact, even if the RO is vacated and the FFL wants to give them back to the rightful owner, I'm not sure they can do so for non EOPS/AG approved handguns! It certainly is NOT laid out in black letter law that the owner is entitled to get them back and the FFL isn't responsible (criminally and civilly) for illegal transfers.
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Didn't even think of that! Better consign them to an out of state FFL or have in-state FFL sell them to other states then.
 
Also, where is the documentation that proves that the guns are "grandfathered" by having been in state since before 1998? Possibly would need to be continuosly legally owned for all that time? Who wants to be the test case? Jack.
 
Things have sure gotten complicated. Last time I did this for a friend in a similar jam, maybe 15 years ago, I just went to the PD and showed my LTC. The guns were released to me with no FA-10 required. I was just taking possession, not ownership.
 
I had this happen to a friend recently.

His police department said that they could go to an eligible family member. But not to a friend (once the PD has taken them). If they are in the warehouse.. he's stuck.
 
I've been through this. Your friend must find out who has posession of his guns. If they are being held by the P.D. then I would find out why, i.e.: are they being held as evidence. If they were seized just because of a 209A then it's a sure bet that they have been transfered to a bonded storage FFL. Your friend may transfer ownership to you, but you must fill out 4473's and FA-10's for each post-antique (1899) gun. I suggest that you act quickly as storage fees can accumulate and I know of incidents where storage fees overtook the value of the collection, but that's another story. Good Luck.
 
sweetjeep said:
I had this happen to a friend recently.

His police department said that they could go to an eligible family member. But not to a friend (once the PD has taken them). If they are in the warehouse.. he's stuck.
Click to expand...

That PD didn't follow the law, but there is no penalty for the PD, so it is all good!

Yes, the "bonded warehouse" is a "black hole" from which almost nobody ever gets their guns back.
 
Depends whats going on. I've heard of them staying with police departments for months if not indefinitely.

Mike

Sent from my SAMSUNG-SGH-I727 using Tapatalk 2
 
Do the police just grab What you give them or do they search your house for any other violations? It would suck to be in the middle of reloading and get busted for improper storage or something dum.
Do they just toss them in a cruiser or do they let you put them in a case for protection?
Just got horrible thoughts of my M1's all scared from being thrown in a trunk
 
Last edited:
willbdavis said:
"Bonded Warehouse" is another way of saying "Dowd," right?

The people I know who have done this recently utilized an FFL.
Click to expand...


If Dowd ends up with them, your friend will never be able to afford to get them back directly from him. However, he could buy them back by bidding on them on Auction Arms or Guns America, I forget which one he uses.
 
Gator9329 said:
Do the police just grab. What you give them or do they search your house for any other violations?
Do they just toss them in a cruiser or do they let you put them in a case for protection?
Click to expand...

They will search for everything and some have been known to confiscate everything gun-related even if no license is needed to own it. Read Jarvis v. Village Vault for proof of that.

Unless the responding officers are gun collectors (very few are), they will just toss them all in a cruiser and take them away. They could care less what damage they do or how they devalue them, as they (collectively, PD or town) are never responsible and you'd never collect a dime for damages even if you were lucky enough to get them back. The rare officer who understands value may take more care with them, but that is not the norm.
 
The damage done is the same with a BS RO as a valid-reason RO. Yes, many divorce attorneys strongly suggest it as a bargaining chip. My PD HIGHLY RECOMMENDS on every call for any "domestic disturbance" (including neighbor calls due to hearing yelling), really tries to strong-arm them into getting an RO even if no violence or any threat of same.
 

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