Posted: 10/23/2008 6:26:14 AM EDT
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An associate of mine is an attorney. His client is under indictment for Assault w/Intent to kill and currently suffers from a restraining order. Can he surrender his firearms to an FFL holder? Must he surrender them to the Police? What about firearms registered under the National Firearms Act? Expedited help is appreciated. Thanks! |
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He cannot possess any weapons....... The police have held them before for people. The indictment is also a no weapon rule. The restraining order will depend on whether or not it meets the federal requirements. A FFL could hold them ( sounds right), since they would be on the FFL's books and a background check would be required for him to ever get them back. As for the NFA item, that could be a problem with transfers. He "could" turn it over to the police until the transfer goes through to the dealer or another party. |
| A lot depends on your local laws and how the order is worded. Here in KS the order will typically state "shall not possess". We routinely have people turn over the weapon(s) to a friend or family member for safe keeping. They no longer "possess" the weapon. If they are convicted and no longer able to legally posses a firearm then the weapon can be sold/given away/destroyed/surrendered. Many law enforcement agencies will no longer take a weapon into "safe keeping" because they do not want the liablity of having to care for the weapon. |