Help in figuring this out

Help in figuring this out

This is a discussion on Help in figuring this out within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK, As posted in the "most embarrassing moments" section I left my gun in SC. It is at the sheriff's office locked and safe. Now ...

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Thread: Help in figuring this out

  1. #1
    Member Array grandma4's Avatar
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    Help in figuring this out

    OK, As posted in the "most embarrassing moments" section I left my gun in SC. It is at the sheriff's office locked and safe. Now for the problem. The LEO that retrieved it for me wants to buy it however, he is in SC. Is there a way to sell it to him without me having to go to SC. I know probably you could not do this but with him being LEO wandering if there is a way. Any help would be appreciated because it will cost me enough in gas just to go which will be as much as I paid for the gun.
    2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.


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    Ex Member Array scotth's Avatar
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    Yes, this is very easily accomplished. Anyone can sell/transfer a legally owned handgun to an FFL (i.e. licensed dealer) in any state. He can take it to an FFL (gun store or something) and you can, over the phone, just "give" it to the FFL. Or, if the FFL/you want something more "concrete", you can put it in writing and even have it notarized then mail it.

    Since the FFL now "owns" the pistol, he can do the 4473 paperwork and legally transfer it to the police officer. Then the officer can send you whatever payment was negotiated and, hopefully, he's a trustworthy guy. I wouldn't have him send payment first because that can be construed as an illegal sale because the proper transfer hasn't yet been accomplished.

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    VIP Member Array dukalmighty's Avatar
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    Usually when It comes to getting property out of An LE Property room,either the owner has to do it in person or IIRC has a signed letter possibly notarized from the owner authorising a 3rd party to retrieve the property,then an FFL transfer and good to go
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Ex Member Array scotth's Avatar
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    Quote Originally Posted by dukalmighty View Post
    Usually when It comes to getting property out of An LE Property room,either the owner has to do it in person or IIRC has a signed letter possibly notarized from the owner authorising a 3rd party to retrieve the property,then an FFL transfer and good to go
    Good point. She made it sound like the police officer was holding her gun personally for her and now wants to buy it.

  5. #5
    Distinguished Member Array nutz4utwo's Avatar
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    scotth is correct since you are transferring a pistol across State lines, you must use a FFL...

    I have picked up police evidence before and it did require me to be there in person and show a lot of ID... it might be time to take another vacation.

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    VIP Member Array TedBeau's Avatar
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    From the original post about the gun being "Left behind" at a hotel, I doubt if it was ever checked into the evidence room since there was no crime committed.
    Unless you count leaving your "baby" alone.

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    Ex Member Array scotth's Avatar
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    Quote Originally Posted by TedBeau View Post
    From the original post about the gun being "Left behind" at a hotel, I doubt if it was ever checked into the evidence room since there was no crime committed.
    Unless you count leaving your "baby" alone.
    I wonder if that LEO who "retrieved it" is breaking any laws/policy by keeping it himself and not checking it into the property locker. It doesn't have to be "evidence" or a "crime committed". It's a gun, it's not his, it was found in a location nowhere near the owner (who was unknown at the time)... I don't think him just keeping it was the correct thing to do.

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    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by scotth View Post
    I wonder if that LEO who "retrieved it" is breaking any laws/policy by keeping it himself and not checking it into the property locker. It doesn't have to be "evidence" or a "crime committed". It's a gun, it's not his, it was found in a location nowhere near the owner (who was unknown at the time)... I don't think him just keeping it was the correct thing to do.
    I am not a LEO or a lawyer, but this situation doesn't pass the MadMac smell test. I am with scotth on this. It sounds weird this cop finds your firearm, then wants to work out a deal to buy your mouse gun. I'd let it rot in their evidence room if it's going to cost you that much to get it back. I'd be more concerned dealing with Officer Off-the-Books.

    Three handguns to go and then stay in a hotel in Charlotte? A bit of overkill, perhaps?

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    Ex Member Array scotth's Avatar
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    Quote Originally Posted by MadMac View Post
    I am not a LEO or a lawyer, but this situation doesn't pass the MadMac smell test. I am with scotth on this. It sounds weird this cop finds your firearm, then wants to work out a deal to buy your mouse gun. I'd let it rot in their evidence room if it's going to cost you that much to get it back. I'd be more concerned dealing with Officer Off-the-Books.
    Who knows how that police department works. Maybe he asked his Chief about it and he got the go ahead to take care of the pistol ordeal himself. I don't think it would "cost her that much" to get it back. If anything at all. Cop pays for the pistol AND FFL transfer fee. She might only be out some postage and a notary fee for something written if the cop/FFL wants "proof".

  10. #10
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by scotth View Post
    Who knows how that police department works. Maybe he asked his Chief about it and he got the go ahead to take care of the pistol ordeal himself. I don't think it would "cost her that much" to get it back. If anything at all. Cop pays for the pistol AND FFL transfer fee. She might only be out some postage and a notary fee for something written if the cop/FFL wants "proof".
    I may not know how every local-yokel sheriff's office operates, but I'm pretty certain that a gun obtained on an official police call (from the hotel) can't simply be pocketed by a deputy - even if he ultimately pays for it from the rightful owner.

    Personally, I am surprised the OP wasn't hassled (or cited) for leaving a loaded pistola to be found by the cleaning staff.

    I wouldn't leave ANY untended firearm in any hotel. Too many people have access, and you are asking for trouble leaving a piece in the room when you are not there.

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    VIP Member Array dukalmighty's Avatar
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    When I was an LEO it would be booked into the property/evidence room under found property,no honest cop is gonna just pocket a gun that was turned in unless he wants a quick career change.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  12. #12
    Member Array grandma4's Avatar
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    The LEO did check it into the evidence locker. He is going to talk to his Captain about how he could if it's possible to check it out. Thanks for all the input. I have not liked the auto since I bought it. It was a 25 caliber auto.

    The gun was not left knowlingly. It actually had fallen out of my bag that is a zippered jewelry bag that I use to pack my "expensive" jewelry in, however, the zipper had broken from the weight of the gun I guess and it had slipped out onto the floor when we were packing the bags. I had already double checked to make sure it was there before picking up the bags so had no clue it had slipped out. So much for protecting my jewelry or the gun. I bought a locking gun safe to travel with when I got home.
    2 Chronicles 7:14 If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

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