Abandoned Firearm

[Rubone]

At what point do you consider a firearm abandoned in your possession to be your property? I know that over the years I have been gifted several abandoned firearms, where owners no longer wanted them or similar circumstances. But I am curious as to others thoughts on a different scenario. I have a neighbor who is a part time resident, as in very little time here, and is basically merely an acquaintance. We walk our dogs in the vicinity of his property and have spoken many times. He called me and asked me if I was interested in doing some work for him (another neighbor gave him my name, I'm a retired builder) but I deferred because I had no interest. At some point I mentioned I was a hunter (after he had to tell me he was a dedicated fly fisherman) and he asked me if I could lend him a gun to take on a fishing trip to Montana. As you may guess I refused citing liability issues, no thanks. A year or so passes with our infrequent meetings, he mentions he bought a Glock 19. I think to myself "of course he did". Another year passes. He calls asking for advice on a serious repair issue at his house. I go by and look at it, give him my opinion, names of guys he can call, etc. On my way out he says "Oh, hey. I wanted to ask you if you could keep my Glock in your safe since I will be gone for a long period of time and don't want it in the house while workers are here. So I agree (mistake?). He goes away for six months or so, and returns with a girlfriend in tow, old school friend who reconnected blah blah blah. He is now splitting time in CA with girfriend and renovated some of the house to do an Air B&B. so...the pistol is still in my safe going on three years. He has never mentioned it since the day he sent it home with me. I suspect "girlfriend " is unaware and also anti (old hippie from the Bay Area). Our communication has been nil since last fall. That is probably enough background.
I am curious as how others may see this scenario. I am tempted to just shoot it. I wouldn't sell or trade it. It can live here forever with all the rest. Just when do I consider it given up and thence "mine"?

 

[kwb377]

Why don't you just ask him if he wants it back? Or are you hoping he forgot about it so you can keep it?

"Abandoned" property generally means that you don't know or can't find the owner.

 

[The Night Rider]

Does your state allow private transfers without a 4473?

If it doesn't you need to give it back.

If it does you should ask him if he wants it back.

If he says he doesn't want it back or he wants you to keep hanging on to it I would get something in writing that says that.

 

[rust collector]

I would second the "just ask" advice above. Yes, he may never want to use it again, but unless he transfers it to you it is not yours.

If you want to broach the subject, mention to him that the pistol is not covered by your insurance, as you have no insurable interest in the gun. Consequently you would like to get it out of your safe. If he says keep it, get a bill of sale-gift signed for use in case you ever have to show proof of ownership.

 

[herrwalther]

That doesn't sound like an abandoned firearm instance. It would be different if you had no contact with this person, while the firearm is in your possession. Since that is not the case, just ask if they want the firearm back.

 

[dogtown tom]

At what point do you consider a firearm abandoned in your possession to be your property? I know that over the years I have been gifted several abandoned firearms,

If the owner gifted them to you, they did not abandon them.

so...the pistol is still in my safe going on three years. He has never mentioned it since the day he sent it home with me.

But have you mentioned it to him?
Made any attempt to return it to him?

Just when do I consider it given up and thence "mine"?

Your conscience will let you know that.

 

[Howland937]

Your conscience will let you know that

Amen.

when do I consider it given up and thence "mine"

If you're a stand up guy, that'll be never...unless the part time neighbor explicitly states his intent to give it to you. At that point, you'll politely decline, then offer a price you're ok with. If you're a stand up guy, you'll try to track down next of kin and offer the gun to them in the event the neighbor croaks. If you're not of that mindset, you've already laid claim to it and there's no point asking here.

 

[WestKentucky]

It’s irresponsible to let a nice item go down from lack of use. Doesn’t matter what it is, if it will rust, rot or otherwise depreciate from lack of use and associated maintenance then it needs to be used. Shoot it. Clean it. Oil it. Put it away.

however if it’s not yours, do so, but keep it ready to be returned.

 

[Mark_Mark]

Amen.


If you're a stand up guy, that'll be never...unless the part time neighbor explicitly states his intent to give it to you. At that point, you'll politely decline, then offer a price you're ok with. If you're a stand up guy, you'll try to track down next of kin and offer the gun to them in the event the neighbor croaks. If you're not of that mindset, you've already laid claim to it and there's no point asking here.

Dang Man! you on point

Moral of the Story - Don’t hold guns for people who you are not Blood buddies. family don’t count, we talking Ride or Die buds.

 

[DeepSouth]

I had a 22lr A-Bolt once that I couldn’t get to group real well and a friend of mine thought he might get it to do better, I wasn’t optimistic but but figured why not? He kept it several years (would guess 5-7) before I got it back. At no point did I consider it his, nor did he… had it been 20 years that would still have been true.

I guess the answer to the question is, never. As long as they are alive it’s theirs. If they pass I would call the nearest relative, explain the situation and ask if they wanted it back or offer to buy it if I wanted it.

As far as legality, I have no idea.

 

[Rubone]

I had a 22lr A-Bolt once that I couldn’t get to group real well and a friend of mine thought he might get it to do better, I wasn’t optimistic but but figured why not? He kept it several years (would guess 5-7) before I got it back. At no point did I consider it his, nor did he… had it been 20 years that would still have been true.

I guess the answer to the question is, never. As long as they are alive it’s theirs. If they pass I would call the nearest relative, explain the situation and ask if they wanted it back or offer to buy it if I wanted it.

As far as legality, I have no idea.

Not my question, but thanks. I lent a Remington BDL in 25-06 to an old friend for a hunt, didn't get it back for 15 years or so. There was never any question that it was mine and when I needed it back it came back. But this is not a friend and barely an acquaintance.
I'm merely searching for information. At this point I have no idea if I'll ever see the guy again, not that it matters, just curious if others have had any similar situations, and not a bunch of self righteous commentary. At the time it was handed to me it was perfectly legal to do so. Was transfer implied? Who knows but the fact that he has avoided contact since then implies a bit of discomfort or embarrassment on his part. In the meantime it just sits in the back of the safe.

 

[Zebraranger]

I'd give him his gun back and tell him that you've held onto to it long enough. Or at least get something in writing from him stating that you're holding it for him. It should include serial number, model of weapon, date temporally given, date to be returned and signed by both parties. You already said that you didnt know him very well, what if he's mental and says you stole it. You need to at least CYA with something in writing, there's some strange people out there.

 

[Ignition Override]

It would be important During any contact with the owner - who might have bought it from an FFL (ATF data also still stored?)-- to chat with him with no other person within listening range.

OP - you realize this, but some of the many first-time gun owners (reading this), or "Non gun owners"---- might Not understand the need for Total discretion and timing.

 

[DeepSouth]

Not my question, but thanks. I lent a Remington BDL in 25-06 to an old friend for a hunt, didn't get it back for 15 years or so. There was never any question that it was mine and when I needed it back it came back. But this is not a friend and barely an acquaintance.
I'm merely searching for information. At this point I have no idea if I'll ever see the guy again, not that it matters, just curious if others have had any similar situations, and not a bunch of self righteous commentary. At the time it was handed to me it was perfectly legal to do so. Was transfer implied? Who knows but the fact that he has avoided contact since then implies a bit of discomfort or embarrassment on his part. In the meantime it just sits in the back of the safe.

I’ll try to be more specific.

At what point do you consider a firearm abandoned in your possession to be your property?

Never

I am curious as how others may see this scenario. I am tempted to just shoot it. I wouldn't sell or trade it. It can live here forever with all the rest. Just when do I consider it given up and thence "mine"?

Never

I wouldn’t do anything other than store it, wipe it with ann oil rag occasionally, and likely be slightly aggravated that I had agreed to it and now it was taking up space.

 

[Robert]

Asked and answered.