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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 02-15-2014, 10:18 AM
SMarquez SMarquez is online now
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Default LEO Lawyer Question

Another one of those domestic issues. A friend broke up with his fiance and called the wedding off. His former future FIL was storing his guns, 2 I think in his safe. This was by mutual agreement. Now that the wedding is off ex FFIL wants money back for the deposit he lost on the reception and won't release the guns until he pays up. There was no agreement to pay back for the wedding before, he is just pissed off at the kid. Where does he stand? It seems that if someone has something of yours and won't give it back, he has stolen it.
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Old 02-15-2014, 11:51 AM
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hermosabeach hermosabeach is offline
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Not LEO

There are specific law on the books for lending a firearm to someone in CA.
Different requirement for hands guns and long guns.

The law requires the HSC for a handgun loan.

While it sounds like the storage was not a loan, if the person has access to the firearms it might be considered a loan under the ca penal code.


Your friend has choices.

One is a simple articulation that the items are seperate- storing the guns and the cost of the reception.

One could simply contact the man and ask for the date and time in the next 13 hours when you could collect your property.

If they refuse, explain that you will be asking the PD/ Sherriff to assist in the recovery of your property.

No reason to be threatening, just lay out what you see as the options for getting the property returned.

Texting and emails are great as they can be produced to LEO and will verify that he has the property
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Old 02-15-2014, 12:02 PM
keenkeen keenkeen is offline
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Hopefully your buddy does the right thing and comes up with the money to reimburse the lost deposits.
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Old 02-15-2014, 12:11 PM
teg33 teg33 is offline
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Your buddy is a cheap fella. Just pay his former future father in law deposit money. Lesson learn, never treat future in laws as family, not until after the wedding.
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Old 02-15-2014, 12:13 PM
teg33 teg33 is offline
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Another things, use your own money for wedding. Less headache and never trust your firearms to anybody except yourself
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Old 02-15-2014, 12:48 PM
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Quote:
Originally Posted by hermosabeach View Post
Not LEO

There are specific law on the books for lending a firearm to someone in CA.
Different requirement for hands guns and long guns.

The law requires the HSC for a handgun loan.

While it sounds like the storage was not a loan, if the person has access to the firearms it might be considered a loan under the ca penal code.


Your friend has choices.

One is a simple articulation that the items are seperate- storing the guns and the cost of the reception.

One could simply contact the man and ask for the date and time in the next 13 hours when you could collect your property.

If they refuse, explain that you will be asking the PD/ Sherriff to assist in the recovery of your property.

No reason to be threatening, just lay out what you see as the options for getting the property returned.

Texting and emails are great as they can be produced to LEO and will verify that he has the property
^^^^^this.

You are due your firearms. There's no association between your guns and a reception deposit (barring an agreement which states so). I can't steal or hold hostage your property in exchange for even an associated debt.

Beng firearms this is accentuated. He CANNOT take over ownership in CA without going through an FFL.

Worst case, you don't get them back and be glad you aren't involved with this vindcitive family anymore. But I see no legal reason you can't getthem back. I hate the idea of LE for rather domestic issues, but thet may have to be step to document. Small claims suing for value is another recourse.
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Last edited by JagerDog; 02-15-2014 at 12:56 PM..
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Old 02-16-2014, 6:17 PM
SMarquez SMarquez is online now
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Quote:
Originally Posted by keenkeen View Post
Hopefully your buddy does the right thing and comes up with the money to reimburse the lost deposits.
You must have a daughter. I have sons. HIS family lost more than they did because they wanted to give them BOTH a nice wedding. She is way more at fault for the wedding falling apart anyway. And again, there was no pay back agreement anyway.
To me the old man is basically trying to extort him because he wouldn't take her off his hands.
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Old 02-16-2014, 6:20 PM
SMarquez SMarquez is online now
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Quote:
Originally Posted by JagerDog View Post
^^^^^this.

You are due your firearms. There's no association between your guns and a reception deposit (barring an agreement which states so). I can't steal or hold hostage your property in exchange for even an associated debt.

Beng firearms this is accentuated. He CANNOT take over ownership in CA without going through an FFL.

Worst case, you don't get them back and be glad you aren't involved with this vindcitive family anymore. But I see no legal reason you can't getthem back. I hate the idea of LE for rather domestic issues, but thet may have to be step to document. Small claims suing for value is another recourse.
Spot on, he is trying to not get LEOS involved. He did write off a laptop and Ipad but wants his guns back. There are also some veiled threats he's trying to work around.
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Old 02-17-2014, 7:29 AM
OneNcustdy OneNcustdy is offline
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Contact your local law enforcement agency and ask if they provide civil standbys. Basically see if they will escort you to your FIL property to retrieve the items. Inform the father in law you want your firearms back and wish to do so in a civil manner with the assistance of the police. If he refuses, you may want to think of reporting them as stolen by your FIL who refuses to return them.

Advise to anyone in your friends position, in-laws or friends you are falling out with, make sure you get all your property back before you drop the bomb on them.

Last edited by OneNcustdy; 02-17-2014 at 9:02 AM..
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