The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old April 15, 2009, 01:09 PM   #1
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
question about selling a pistol

A friend of mine left his pistol at my house when he went to Iraq. He has since been back and couldn't take it with him at the time. I have tried to contact him with no answer. It has been 7 months now. Is there anyway I can get rid of this pistol? I have no need for it as I have my own. I live in Virginia.

Thanks for any help you can provide.
Deerhunter is offline  
Old April 15, 2009, 01:35 PM   #2
ISC
Junior member
 
Join Date: August 5, 2007
Location: Florida
Posts: 1,982
If he's still in, pm me his name and I'll look him up through AKO and send him a email.

I wouldn't sell it without his approval and an address to send the money to. He may have forgot what happenned to it and reported it stolen. You'd then have some explaining to do.
ISC is offline  
Old April 15, 2009, 01:41 PM   #3
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
Nope this guy was a contractor. He isn't real responsible. He is just that kind of guy. I have emailed him several times. He just never gets back to me. He is living in FL last I knew. When he got back from being over there he stopped in my place for a day then went on vacation out of the country. That is why he didn't take it with him. It has now been 7 months. He had given it to me to keep almost a year ago.

VA does have private sales laws. That may be a way around it. He left it and there for it would become mine allowing me to sell it. Not sure though.


Thanks though
Deerhunter is offline  
Old April 15, 2009, 01:51 PM   #4
rzach
Member
 
Join Date: March 18, 2008
Location: Jacksonville fl
Posts: 57
You only have room for one pistol i have 9 that belong to my navy pals that away for now .
HTCS (SW) R ZACH RETIRED
rzach is offline  
Old April 15, 2009, 02:06 PM   #5
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
Nope don't want it laying around. I would like to sell it so I can put the money toward a Sig 1911. Honestly I don't even remember what kind of pistol it is other than it is a 40 cal. I locked it in a case with one of mine and it has been there since.

Wouldn't mind if he would contact me and tell me he was coming back for it. I just haven't heard from him in 7 months.
Deerhunter is offline  
Old April 15, 2009, 03:00 PM   #6
Shorts
Senior Member
 
Join Date: November 21, 2004
Posts: 1,484
Quote:
Nope don't want it laying around. I would like to sell it so I can put the money toward a Sig 1911. Honestly I don't even remember what kind of pistol it is other than it is a 40 cal. I locked it in a case with one of mine and it has been there since.

Wouldn't mind if he would contact me and tell me he was coming back for it. I just haven't heard from him in 7 months.

Is the gun yours or not? I''m still not clear.

Selling property that you are not certain is yours, is wrong.
Shorts is offline  
Old April 15, 2009, 03:09 PM   #7
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
Shorts

The gun is owned by a friend of mine. He bought it at some point in VA. Not sure where (possibly the National Gun Show), not sure when. He left it with me about a year ago, when he left for Iraq as a contractor. I saw him 7 months ago on his way through on vacation to Jamaica and then onto FL where he is from. I still have his pistol at my house. I want to get rid of it.
Deerhunter is offline  
Old April 15, 2009, 03:13 PM   #8
Shorts
Senior Member
 
Join Date: November 21, 2004
Posts: 1,484
Gotcha.

I'm asking you. Are you certain the property is yours to sell? If it is, by all means, do with your property what you will.

It seems to be you are uncertain if you're still trying to get in contact with your friend.

As a military spouse who's left guns behind while we went out of the country, I am very familiar with leaving guns behind for extended periods of time. I am familiar with not being able to ship firearms with me in my every move because of laws and living situations.

Are you certain this property is now yours? If so, sell it. You don't need to contact your friend.

edit:
It comes to mind you may be asking about the legality of selling a pistol he owned. I can't speak for VA law but in TX, guns can be passed around (gifted or sold to same state residents), no paperwork necessary.

I was answering thinking that you were uncertain if your buddy would be mad if he found out later you sold his gun that he now wants to take back.
Shorts is offline  
Old April 15, 2009, 03:29 PM   #9
ISC
Junior member
 
Join Date: August 5, 2007
Location: Florida
Posts: 1,982
this seems to be more a question of morality than legality.
ISC is offline  
Old April 15, 2009, 03:50 PM   #10
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
I know the gun isn't legally mine. I am just trying to figure out what I can do with it. I would like to get rid of it. I know in VA I can sell (private sale) a gun to another resident with no paperwork needing to be done. I just have to make sure that the person can legaly own a gun. The gun was left with me for almost a year, he hasn't called or emailed in over 7 months. I have tried to contact him several times. I have even sent an email telling him that I was looking into how to get rid of the pistol. No answer.

Shorts....he has been back through the area (I have been told). Like I said he lives in FL somewhere. I haven't heard anything for over 7 months so it isn't like he was storing it with me and I knew he would be back for it.
Deerhunter is offline  
Old April 15, 2009, 03:58 PM   #11
ZeSpectre
Senior Member
 
Join Date: June 4, 2007
Location: Shenandoah Valley
Posts: 3,276
I may be mistaken but I believe Virginia has "abandoned property" laws such that if you have attempted to contact the owner, and it's been more than a certain amount of time, the property is considered abandoned.

If I'm remembering correctly then it's possible that pistol IS yours now.

I'd try to check the relevant laws though.
ZeSpectre is offline  
Old April 15, 2009, 04:03 PM   #12
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
I will check on that law to see what it says. Thanks
Deerhunter is offline  
Old April 15, 2009, 04:51 PM   #13
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,276
Deerhunter, if I'm reading VA law correctly, tangible property held in trust is considered abandoned after five years.

However, if you can send your friend a registered letter to his last known address, stating that you want him to get his property, and don't receive a reply within a year, you can send the VA Sec. for the Treasury a notice of the abandoned property.

Since you have incurred no debt by keeping this property, you cannot dispose of property (tangible or intangible) which is not yours.

However, you can claim the abandoned property, with that letter to the Sec.Treas. After proper notification from the Sec.Treas., you may then do what you want with it.

All this, assuming what I read was the correct interpretation. It may not be correct.
__________________
National listings of the Current 2A Cases.
Al Norris is offline  
Old April 15, 2009, 09:01 PM   #14
44 AMP
Staff
 
Join Date: March 11, 2006
Location: Upper US
Posts: 10,583
OK, your friend is a .......bit irresponsible

When he left the gun with you, was there a conversation something like "can I leave this with you till I get back?" IF there was, and you agreed, you have a verbal contract. Selling his property (the pistol) without going through all the legal processes (abandoned property, etc.) would be stealing his property, and a crime. Don't do it, no matter how tempting it is.

As mentioned, there are legal ways in most states to resolve the matter, but as each state can be a little different, the best thing you can do is to contact a local lawyer for advice.

The money you may get from the gun ( a few hundred, from the sound of things) certainly wouldn't be worth the hassle you might have to deal with if you didn't do everything in a completely legal manner.

Fate is just kind enough that the day after you sold his gun, he would show up at your door demanding his gun back, (or cash,) and maybe threating legal action if you don't come up with it!

Best advice I can give is, for now, forget about it altogether. Find a out of the way place to store it, and forget it. Don't waste your time trying to get the guy to come for it. If, after a few years, you can have it declared abandoned property, and legally yours, then do so.

Sure, it is frustrating, but you did agree to keep it for him, and no specific time table was mentioned (was it?)

You could...(evil grin) shoot the crap out of it, if you could afford it. Consider it "storage fees". How many rounds does it take to wear out a .40 cal anyway?
__________________
All else being equal (and it almost never is) bigger bullets tend to work better.
44 AMP is offline  
Old April 16, 2009, 07:54 AM   #15
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
When he left he put all his stuff in a POD storage container. He didn't want to put the pistol in there and asked me to take it home with me. I did. He came back a few months later and visited for a day. He never mentioned it. Left a bunch of other stuff at my place also. I am not worried about getting rid of that though. The pistol is the big problem. I have sent him several emails about it. They never come back so I know they are being delivered to him. This guy is no where near a great friend. He tends not to be very responisble, most of the time. I went out of town for a week when he lived here in VA. He dropped me off at the airport and took my truck home. Turns out that he took it out to a club and ended up getting it towed when he was stopped for a DUI. Now I am sure a lot of you are like me, Don't mess with my truck or guns. I knew I never should have agreed to hold onto it for him.

I will be talking to a lawyer I know tonight. I mean technically my friend did say.....Here is my pistol take it home with you. So it could be a gift, morally I am ok with that, he owes me.

I appreciate all the advice. I am going to keep trying to get intouch with him and go from there.
Deerhunter is offline  
Old April 16, 2009, 08:19 AM   #16
hogdogs
Staff In Memoriam
 
Join Date: October 31, 2007
Location: Western Florida panhandle
Posts: 11,071
Deerhunter, I sent you a PM with my offer to help you with this...
I would do my utmost to get the guy his pistol back or at minimum a... "I don't want it, go ahead and sell it" Heck he may have written it off already...
Brent
hogdogs is offline  
Old April 20, 2009, 09:17 AM   #17
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
I talked with a lawyer here in VA. What I got was since he gave me the pistol and told me to take it with me when he left I just have to give him a chance to contact me to get it back. I was told to send him one last email and give him a month to claim it. Due to him giving it to me, telling me to take it with me and keep it, and the VA laws on private transfer/sale of fireamrs it is technically mine at this point. I am giving him all the chance to get it back. Thanks for all the info that you have passed.

If you want to save a species, simply decide to eat it. Then it will be managed -
like chickens, like turkeys, like deer, like Canadian geese.
-Ted Nugent

My idea of fast food is a mallard.
-Ted Nugent
Deerhunter is offline  
Old April 21, 2009, 08:26 PM   #18
C Philip
Senior Member
 
Join Date: January 9, 2005
Location: USA
Posts: 784
Good idea talking to a lawyer. I say that if the gun isn't explicitly yours, you can't sell it. Perhaps I am missing something, but why are you so anxious to get rid of it? Unless the gun is tied to a crime in some way I can't imagine why I wouldn't just keep it around, take it to the range a bit (hey, he took your truck), etc. I think it would be very hard to have too many guns.
C Philip is offline  
Old April 21, 2009, 09:43 PM   #19
skydiver3346
Senior Member
 
Join Date: December 22, 2007
Location: Florida
Posts: 1,222
what to do with his gun?

Hi Deerhunter,
You say that he is your friend. So why do you feel that you have to sell it or give it away? What are you going to tell him when he comes by and finally asks for his gun? Most people on this site, like multiple guns and are always looking to add more from time to time. Just keep in safe place and go shoot it from time to time. Nothing too wrong with an extra gun in the house.
If you sell his gun, someday you will probably have to explain why you did that.

Final soulution: If you feel you have to get rid of it, send it to me and I'll be happy to put it in my safe for "safe" keeping....
skydiver3346 is offline  
Old April 22, 2009, 07:40 AM   #20
Deerhunter
Senior Member
 
Join Date: April 15, 2009
Location: Northern VA
Posts: 470
The reason I want to sell it is so that I can use the money to buy another pistol for myself that I want. I have been wanting a Sig 1911 for awhile now. Waiting for the next National Gun Show in VA so I can go get it. I am sure someone will have a comment about the Sig 1911. So the deal is that I don't like the pistol he has and I am not going to take it out and shoot it. The bottom line is from the lawyer is that he handed it to me and told me to take it with me. I have tried to contact him about it since Labor Day weekend last year when I last saw him. I have sent several messages to him about getting it back. I have just recently been sending several and telling him that he (as per the lawyer) has 30 days to cobtact me about it.
Deerhunter is offline  
Old April 25, 2009, 02:46 PM   #21
Dr. Strangelove
Senior Member
 
Join Date: August 1, 2008
Location: Athens, GA
Posts: 1,418
Hmmm....

Quote:
Originally Posted by Deerhunter
A friend of mine left his pistol at my house when he went to Iraq.
If he is really a friend, then the friendly thing to do would be to stick it in a safe or whatever and forget about, treat is as yours but don't sell it.

Quote:
Originally Posted by Deerhunter
This guy is no where near a great friend. He tends not to be very responsible, most of the time. I went out of town for a week when he lived here in VA. He dropped me off at the airport and took my truck home. Turns out that he took it out to a club and ended up getting it towed when he was stopped for a DUI. Now I am sure a lot of you are like me, Don't mess with my truck or guns. I knew I never should have agreed to hold onto it for him.
Then hang on to it for a while and dispose of it, but 7 months really isn't that long of a time. Kind of sounds like you are sorta ****** at the guy, but selling his pistol to buy one you like kinda puts you in the same boat, eh?

Sounds like a similar situation a friend of mine had with an old roommate. She held on this person's stuff for about three years, then disposed of it (mostly worthless furniture, bedding, etc.).
Dr. Strangelove is offline  
Old April 25, 2009, 04:00 PM   #22
brickeyee
Senior Member
 
Join Date: December 29, 2004
Posts: 3,342
Quote:
They never come back so I know they are being delivered to him.
"Never come back" just means they went to a still live email account.

It does not indicate the email has actually been seen by the addressee.

Why the hard on to get rid of the gun?

Or are you looking for the money ... by stealing it from someone.
brickeyee is offline  
Old April 26, 2009, 12:41 AM   #23
HisSoldier
Senior Member
 
Join Date: August 9, 2007
Location: Oregoncoast
Posts: 1,465
After 7 years I'd be reluctant to sell someone else's property. Is there danger to having it around, like kids or something? Snap a trigger lock on it.
__________________
I have CNC produced 416 stainless triggers to replace the plastic triggers on Colt Mustangs, Mustang Plus II's, MK IV Government .380's and Sig P-238's. Video on installation in Sig;http://www.youtube.com/watch?v=Jh2v_-87DRM
HisSoldier is offline  
Old April 26, 2009, 01:40 AM   #24
stickhauler
Senior Member
 
Join Date: March 21, 2009
Posts: 244
Perhaps What Troubled Me Most....

About this is, the original poster said he had other stuff of his friend that he was storing, and didn't have a problem storing it, and wouldn't even think of selling. But in the case of his friends gun, since the OP wants to buy a different gun for his own use, he actually asks the opinion of those here if that's cool?

Here's my answer: If you ain't got a problem keeping your friends stuff OTHER than the gun, but you think you have a right to sell off his gun to get funds for a purchase you want to make, I am very happy you are not my friend.

You sound much like a relative of mine, who actually feels if he borrows something from you, and keeps it, that's cool, because he has possession of it right then, and you don't.

Exactly what part of FRIEND don't you get anyway?
stickhauler is offline  
Old April 26, 2009, 07:51 AM   #25
mega twin
Senior Member
 
Join Date: August 15, 2006
Posts: 424
I think you are wanting to sell the gun for the wrong reason.
By selling the gun to get something you want for yourself,is saying to me,that I would not want your friendship.
Sell one of your own guns to get what "you want."
mega twin is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:21 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2013 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.14479 seconds with 9 queries