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Did she do something that should warrent a background check? Good point... It just demonstrates the incompetence of the law and the incompetence of those who are trying to uphold it.Originally Posted by Hound
Last edited by DavieD55; 05-11-2014 at 01:20.
Extremely simple solution. Go to an FFL. Heck, I'll pay her fee.
This is a good question though. Although I suppose that they could just give the mags back to her, as they do not require a transfer, and she'd still be stuck in the same situation with the gun. I often wonder how this law will effect insurance companies from taking possession of firearms.
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I'm pretty sure the standard magazines are 17rds!
She was transported to the hospital. I assume she had it on her because weapons, even knives, arent allowed on the bus. It is standard practice to place weapons in safe keeping for folks being transported by medical. Now the whole not getting it back is BS
Cops can run CCIC and NCIC checks on people. Im not sure if the FFL check is any more extensive than that
So are all PD's going to have to keep an FFL on staff for these scenarios?
City Attorney is a dumbass. BGC for "Operations of Law" are exempt, just the same as Gunsmithing operations.
The City can just return the firearm to the lawful owner.
Now here is where it gets interesting: define "Operation of Law". Did the owner commit a crime with the firearm? Is she suspected of committing a crime? Was the firearm used in commission of a crime?
If the answer to any of the above is no then the "Operations of Law" may very well not apply.
The PD may have unknowingly violated the statute by retaining possesion of the firearm in excess of 72 hours (IIRC that is the magic # for "Temporary transfer).
That being said again, the City Attorney is making this unnecessarily complex.
Have a representative of the City with possession of the firearm meet the owner at a FFL.
Transfer the firearm in compliance with the statute.
If they don't I am curious what legal recourse the owner may have.
Unintended Consequences indeed.
The most important thing to be learned from those who demand "Equality For All" is that all are not equal...
Gun Control - seeking a Hardware solution for a Software problem...
Who's paying the FFL per CRS?
Lessons cost money. Good ones cost lots. -Tony Beets
Terrible situation for this women, I hope it all works out.
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Are they going to charge her more than 10$ for the BGC? Heheh.
But yes, unnecessarily stupid of course. Of course the law was written poorly. And of course, either the police should just give her back her gun, or take her over to an FFL and get them to BGC and be done with it and gotten it done quickly, rather than draw it out by giving it to the lawyers to hash out.
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