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Crime guns?, auction setup?

Discussion in 'Legal' started by nate392, Apr 22, 2008.

  1. nate392

    nate392 New Member

    Dec 23, 2006

    Unless I was not aware, can people really collect crime guns legally?, or is this a sting you guys? I thought once a gun was used in a crime it has to be destroyed -I mean would not want to be the poor person who buys these & have a positive hit if someone were to run the serial #'s. I never heard of there being a specific collectors market to such a thing, it's amazing what action people write up:scrutiny:.
    Any help would be great, I was just curious on the matter:confused:
  2. frogomatic

    frogomatic Active Member

    Aug 12, 2007
    interesting, now I'm curious too...
  3. Zoogster

    Zoogster Senior Member

    Oct 27, 2006
    In some places "destruction" as defined by law can include several options, one of which is selling them for profit for the department, and another is furnishing officers. Another is of course actualy destroying them. "Destruction" under the law some places simply means they get a permanent new home not connected to the previous owner.
    So it really depends on the department and what they choose to do.

    So say someone commits a crime with a gun which is thiers. It will obviously not go back to them, but it also won't be eligable to be returned to a non prohibited family member. It is confiscated by the state, and once it no longer has value in the case it can be disposed of with a bit of discretion.
    Obviously the local police don't do gun sales I am aware of to the public. However they can sell to an officer or an FFL and they can make thier way back to the public through those channels.

    The 3 applicable penal code sections in CA are 12028, 12030, and 12071. 12071 is far too long to post and describes what an FFL etc is under the law and various restrictions they have. They often sell them for the department through an FFL and here is how that is worded in law:

    12028. (a) The unlawful concealed carrying upon the person of any
    explosive substance, other than fixed ammunition, dirk, or dagger, as
    provided in Section 12020, the unlawful carrying of any handguns in
    violation of Section 12025, and the unlawful possession or carrying
    of any item in violation of Section 653k is a nuisance.
    (b) (1) Except as provided in paragraph (2), a firearm of any
    nature owned or possessed in violation of Section 12021, 12021.1, or
    12101 of this code, or Chapter 3 (commencing with Section 8100) of
    Division 5 of the Welfare and Institutions Code, or used in the
    commission of any misdemeanor as provided in this code, any felony,
    or an attempt to commit any misdemeanor as provided in this code or
    any felony, is, upon a conviction of the defendant or upon a juvenile
    court finding that an offense which would be a misdemeanor or felony
    if committed by an adult was committed or attempted by the juvenile
    with the use of a firearm, a nuisance. A finding that the defendant
    was guilty of the offense but was insane at the time the offense was
    committed is a conviction for the purposes of this section.
    (2) A firearm is not a nuisance pursuant to this subdivision if
    the firearm owner disposes of his or her firearm pursuant to
    paragraph (2) of subdivision (d) of Section 12021.
    (c) Any weapon described in subdivision (a), or, upon conviction
    of the defendant or upon a juvenile court finding that an offense
    which would be a misdemeanor or felony if committed by an adult was
    committed or attempted by the juvenile with the use of a firearm, any
    weapon described in subdivision (b) shall be surrendered to the
    sheriff of a county or the chief of police or other head of a
    municipal police department of any city or city and county or the
    chief of police of any campus of the University of California or the
    California State University or the Commissioner of the California
    Highway Patrol.
    For purposes of this subdivision, the Commissioner
    of the California Highway Patrol shall receive only weapons that were
    confiscated by a member of the California Highway Patrol. The
    officers to whom the weapons are surrendered, except upon the
    certificate of a judge of a court of record, or of the district
    attorney of the county, that the retention thereof is necessary or
    proper to the ends of justice, may annually, between the 1st and 10th
    days of July, in each year, offer the weapons, which the officers in
    charge of them consider to have value with respect to sporting,
    recreational, or collection purposes, for sale at public auction to
    persons licensed pursuant to Section 12071
    to engage in businesses
    involving any weapon purchased
    . If any weapon has been stolen and is
    thereafter recovered from the thief or his or her transferee, or is
    used in a manner as to constitute a nuisance pursuant to subdivision
    (a) or (b) without the prior knowledge of its lawful owner that it
    would be so used, it shall not be so offered for sale but shall be
    restored to the lawful owner, as soon as its use as evidence has been
    served, upon his or her identification of the weapon and proof of
    ownership, and after the law enforcement agency has complied with
    Section 12021.3.
    (d) If, under this section, a weapon is not of the type that can
    be sold to the public, generally, or is not sold pursuant to
    subdivision (c), the weapon, in the month of July, next succeeding,
    or sooner, if necessary to conserve local resources including space
    and utilization of personnel who maintain files and security of those
    weapons, shall be destroyed so that it can no longer be used as such
    a weapon except upon the certificate of a judge of a court of
    record, or of the district attorney of the county, that the retention
    of it is necessary or proper to the ends of justice.
    (e) This section does not apply to any firearm in the possession
    of the Department of Fish and Game or which was used in the violation
    of any provision of the Fish and Game Code or any regulation adopted
    pursuant thereto, or which is forfeited pursuant to Section 5008.6
    of the Public Resources Code.
    (f) No stolen weapon shall be sold or destroyed pursuant to
    subdivision (c) or (d) unless reasonable notice is given to its
    lawful owner, if his or her identity and address can be reasonably
  4. Dksimon

    Dksimon Active Member

    Apr 1, 2008
    South Dakota
    A kid I know works at a local gun shop and they bought a glock from a police auction and when they got the gun it looked as though it had been sitting in a pool of blood and there was a bloody hand print on it.

    Not sure if it was crime related or not, but probably.
  5. chucrusty

    chucrusty New Member

    Apr 23, 2008
    in Kentucky, state law is that police departments auction guns to FFL dealers,who then sell them.

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