Should I get rid of these pieces?


PDA






freewheeling
January 19, 2013, 03:46 PM
I have a couple of 9mm pistols and during an eviction of my landlord (which went down suddenly without any warning to me) the guns were taken into custody by the local sheriff. They gave me a receipt and I have since picked them up, but at this point I'm sure they've been test fired and the serial numbers logged. In view of the 2nd Amendment threats I wonder if it would make sense to sell these items and purchase new firearms that aren't in the database? Have these items been fatally compromised?

If you enjoyed reading about "Should I get rid of these pieces?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
JTQ
January 19, 2013, 03:56 PM
Are you planning on committing any crimes with those guns?

What difference does it make if they were test fired and recorded the serial numbers?

ku4hx
January 19, 2013, 04:19 PM
If you filled out forms 4473 when you bought the guns, your name and address at the time is already linked to the guns. If you bought them in a private sale and your name is now linked to them how is that worse than form 4473 linking?

As long as they're not used in a crime, you're fine. If they are ever lost or stolen, report them [the serial number(s)] as such. If that happens, you'll have paperwork demonstrating they were unlawfully out of your control.

My signature notwithstanding, if they were mine I'd change nothing about how I treat or use them. But if they bother you; sell them.

If you don't want to sell them but want to do something, you may can buy replacement barrels and firing pins. Then polish the breech face with some 600-800 grit emery cloth. Fired casing and bullets will never match what testing the police did. Breech face may still ... dunno. But all those actions are perfectly legal. Gross overkill in my opinion but all perfectly legal.

Rats, there's my signature rearing its ugly head again.

KenW.
January 19, 2013, 04:40 PM
Being a Sheriff's Deputy who has served and enforced evictions and weapon siezures, I'll let you know how my agency does this. The weapons are taken as "hold for owner" if they were found unattended during the inventory of the residence. They were run NCIC to see if they may have been stolen, but not added to any federal database. The agency would have added the serial numbers the deputy's report and that's all. It's to prortect the deputy from false claims.

If you could prove ownership you can have them back. For my purposes, ownership could be proven by you being the person named in the Writ of Restution (eviction order). We could not prove they weren't yours or that they were stolen, so you get them back.

They weren't test fired for any secret gov't database. No GPS tracking computer chips are embedded or anything like that so the black helicopters and unmanned drones can locate them .

freewheeling
January 19, 2013, 05:58 PM
Thanks, Ken. I got them back a couple of months ago and figured they were safe in the mean time. They gave me a receipt, although I was subleasing and wasn't the person named in the eviction order, and I have a concealed carry permit.

I thought that the linkage between the background check and the weapon was deleted at some point after purchase, but perhaps I imagined that? I also have a few mags that have the full intended capacity which is 17, I believe. If they outlaw mags over cap10... well, who knows? This is all very surreal, frankly.

THHEAT
January 19, 2013, 06:03 PM
I am also a LEO in charge of evidence and pretty much what was said as to a NCIC check and only documented on local paperwork ie: incident report or property report. The only exception I can think of if the person whom had the firearms initally was suspect or a defendant in a weapons related crime.
Atleast that is our protocol.

Fremmer
January 19, 2013, 07:13 PM
Right now I wouldn't sell any guns!!!
And I wouldn't worry that they've been held by the police.

mmitch
January 19, 2013, 07:51 PM
Why was your landlord evicted, did you live with him?

Mike

tipoc
January 19, 2013, 08:21 PM
If you are worried about the government having track of your weapon they likely already do. When you purchase a firearm, new or used, from an FFL you are required to fill out a form 4473.

http://en.wikipedia.org/wiki/Form_4473

http://www.atf.gov/applications/e4473/

As you can see this form goes on file with the ATF. A copy of it stays with the FFL and any cop agency can view it on demand or with a subpena. The latter being pretty easy to get these days.

You may live in a state that does not require a 4473 be filled out in private party transactions. But that is one thing that the proposed current legislation is looking to close.

tipoc

freewheeling
January 19, 2013, 08:23 PM
Why was your landlord evicted, did you live with him?

Actually the person I sublet from was living in the house, yes. He was evicted for non-payment of rent and I just woke up one day and everyone had cleared out. The sheriff and the landlord showed up a bit later and I made arrangements to rent another place from the landlord. The thing is the guy rented to me *knowing* that he was about to be evicted, and never told me. Everything worked out, though. I mean for me, not for him... heh.

zoom6zoom
January 19, 2013, 08:28 PM
As you can see this form goes on file with the ATF. A copy of it stays with the FFL
No copy is sent to BATF. They are retained by the dealer for twenty years, at which time they can be destroyed. If the dealer closes up shop before that time, all records get sent to BATF. Otherwise they don't see them unless they request it in the course of an investigation.

KenW.
January 20, 2013, 12:28 AM
When you show up to redeem your weapons you are subject to a "Brady check".

Guillermo
January 20, 2013, 02:33 AM
it is against the law for the Feds to keep the records when an instant check is done.

Janet Reno did so despite the law. I have no expectation that subsequent AG's did not do the same.

As to those guns, I would not worry about it.

Then again, with concealed carry in multiple states, Tax stamps for suppressors, several background checks for certification for teaching women's self defense and a child empowerment program as well as my days of volunteer coaching at a couple of schools, I have been fingerprinted more than a bad car thief.
I couldn't get "off the grid" if I died and was cremated.

:neener:

duns
January 20, 2013, 12:33 PM
If you filled out forms 4473 when you bought the guns, your name and address at the time is already linked to the guns.
I understand that the dealer has to keep the 4473 for 20 years but does the government have a database of gun owners?

Here in Texas, I don't know about other states, but there is no NICS check if you have a CHL.

If there is a NICS check, does the government keep the records (I don't know)?

Guillermo
January 20, 2013, 08:02 PM
If there is a NICS check, does the government keep the records

it is against the law for the Feds to keep the records when an instant check is done.

Janet Reno did so despite the law. I have no expectation that subsequent AG's did not do the same.

...

orionengnr
January 22, 2013, 10:15 PM
during an eviction of my landlord

Why were you evicting your landlord? :confused:

GoWolfpack
January 23, 2013, 09:58 AM
If you filled out a 4473, just assume you're name is on file. There may not exactly be a registration database like on TV, but the information is not hard for the feds to get. The only way of tying you to a specific gun is with the bound book/4473 kept by the dealer who transferred it to you. All it takes is a warrant or a compliant dealer and the fuzz can peek through your records and see everything you've transferred through a dealer.

The NICS check records aren't supposed to be kept longer than 24 hours. Yeah, sure. PM me about the bridge I have for sale too [/sarcasm]

Jim K
January 25, 2013, 01:07 AM
BATFE is authorized by law to check dealers' records as part of an investigation. They are not authorized to make copies, note all transactions, write the names of all buyers and the serial numbers of the guns, etc.

The proposed laws could do that. I have not had a chance to actually read the bill(s) but one source says they will require registration and transfer approval (like the NFA) of all handguns and "assault rifles", which will include semi-auto and pump shotguns. As I say, I have to see the actual wording of the bill.

Jim

If you enjoyed reading about "Should I get rid of these pieces?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!