Firearm legality question

[van7559]

Haven't been on here in far too long, figured this group maybe the best resource I have. My father moved in and brought all his firearms to my address. Due to major alcoholism I had to give him the boot. He left all of his stuff at my residence and told me to burn it all. Zero response from him since 9/23/19. I have some firearms that mean nothing from a sentimental value that I would like to trade or sell for something different. I was told after 30 days by El Paso county sheriff that the property is considered abandoned and I can do with it what I please. Can anyone confirm or deny this? He was involved in several domestics in MD where they were seized but later returned. I just don't need any further bullshit that is associated with him.

[Fentonite]

It sounds like your father gave, or transferred, the firearms to you. In Colorado, he can do that without going through an FFL. Sounds to me like they’re yours, to do with as you please. Doesn’t mean he couldn’t come back and say he didn’t give them to you, but doubt he could make a case.

“If you are selling to a non-immediate family member, a background check must be done by an FFL (Federal Firearm Licensee). However, immediate family members do not need background checks done to transfer firearms between one another. The firearm should not be transferred to any family member who is prohibited from purchasing and/or possessing firearm. Immediate family is defined as spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles (in-laws do not apply). (CRS 18-12-112)”

[Bailey Guns]

First of all, I'm sorry for the situation you're in with regards to your father. Mine was an alcoholic, too, and it caused issues with us that were never resolved. Now he's passed and they never can be. I know that can sometimes be an awful thing.

Legally firearms can be transferred to immediate family members without a background check. So I don't see an issue from that standpoint. And, if he was ever convicted of ANY domestic violence offense, at any time, he can't legally possess the guns anyway.

As far as the property and disposing of it... The 30 day period the EPSO mentioned is in regards to a landlord/tenant issue, I believe. After 30 days it's considered abandoned. There are stipulations that you must notify the tenant if you plan to dispose of the property. I believe you're required to send them notice (use registered or certified mail) to their last known address. If that's your home you'd use that address. There are things the notice must say and there are rules for how long you must store it. If the notice is unclaimed you may have to publish the notice in a paper...for one day, I believe.

I really wouldn't worry about that too much. Worst case is it's a civil issue between you and your father if he ever contests it and that would require going to court and such...doesn't sound like that's something he'd probably do.

It's been a long time since I did anything like that so my info could be dated. Seek real legal advice instead of pretend legal advice like this if you're really concerned.

[FoxtArt]

First of all, I'm sorry for the situation you're in with regards to your father. Mine was an alcoholic, too, and it caused issues with us that were never resolved. Now he's passed and they never can be. I know that can sometimes be an awful thing.

Legally firearms can be transferred to immediate family members without a background check. So I don't see an issue from that standpoint. And, if he was ever convicted of ANY domestic violence offense, at any time, he can't legally possess the guns anyway.

As far as the property and disposing of it... The 30 day period the EPSO mentioned is in regards to a landlord/tenant issue, I believe. After 30 days it's considered abandoned. There are stipulations that you must notify the tenant if you plan to dispose of the property. I believe you're required to send them notice (use registered or certified mail) to their last known address. If that's your home you'd use that address. There are things the notice must say and there are rules for how long you must store it. If the notice is unclaimed you may have to publish the notice in a paper...for one day, I believe.

I really wouldn't worry about that too much. Worst case is it's a civil issue between you and your father if he ever contests it and that would require going to court and such...doesn't sound like that's something he'd probably do.

It's been a long time since I did anything like that so my info could be dated. Seek real legal advice instead of pretend legal advice like this if you're really concerned.

Sounds roughly accurate on the landlord/tenant end, transfers, etc. Civil issue means its nothing you can get arrested for; worst case he can change his story in a suit against you - which he would have to win by greater than preponderance of the evidence. Still, it's often expensive to defend a case, even if you'd be guaranteed to win (ETA: which I am not implying, btw), so it might be worth the question "is he the type to ever pull that kind of crap". If no, don't worry about it.

Even if he called 911 and said you stole his guns, if you told the officer no, he gifted them to you and now wants them back, it's still a civil issue. They won't touch it.

And yeah, if you are concerned and it sufficiently matters, always seek an attorney. Many themselves give inaccurate information, but the point is you have a way to compensate yourself if they give you wrong information.

[TEAMRICO]

......waits patiently in trading post section........

[rondog]

......waits patiently in trading post section........

I'll bring popcorn.....

[def90]

Yeah, I've had to cleanse myself of a few, no, a good number of alcoholics in my life, I get it but despite the family ties sometimes there is nothing you can do. He abandoned his property, firearms can be transfered to direct family members without issues. If you don't want them sell them off and be done with it. If he comes back I'm sure that putting a $100 bill in his hand will make him forget about it. Sorry to hear, it's difficult enough to deal with people in this position let alone family members.