Can I sell my guns that were confiscated

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Latest post Thu, Dec 10 2009 3:53 AM by Vadgue.1026. 5 replies.
  • Tue, Dec 8 2009 3:58 PM

    • tntdw1
      Consumer
    • Not Ranked
    • Joined on Tue, Dec 8 2009
    • AZ
    • Posts 1

    Can I sell my guns that were confiscated

    Over a year ago I was arrested for Aggrevated Assult, (was drunk and pulled a pistol) no one was hurt, got probation. When they arrested me they asked if any other weapons in the house, and (Drunk) said yes. They took 7 guns, only 5 were in the police report. The 45 cal. the Judge said is confinscated because it was the weapon I pulled. Being a convited felon now, do I still have a right to sell those guns that are in police custody, I know I cant get them back as a felon, but could someone with a Bill of Sale from me get them . Their valuable and I want to sell them.
       &nbs... Tom in AZ

  • Tue, Dec 8 2009 4:31 PM In reply to

    Re: Can I sell my guns that were confiscated

    I know quite a bit about AZ gun laws, but I don't have the answer to that.

    Try emailing your question to AZCDL:

    http://www.azcdl.org/

    Meantime I'll ask around in the gun community.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Dec 8 2009 7:22 PM In reply to

    Re: Can I sell my guns that were confiscated

    Comments so far:

    1 - Depends on what it says in your case disposition about the guns. What does it say? Make sure you are looking at a copy of the disposition before you answer?

    2 - There is a consensus that says you might be able to appoint an agent or power of attorney or put them in a trust to have somebody else sell them for you as long as you don't have anything to do with it.

    3 - Another comment was that a member of your family might be able to pick them up and dispose of them for you. There was a mention of a supreme court ruling on something like that. I'm trying to find out more about it.

    I hope to have more information soon.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, Dec 8 2009 10:00 PM In reply to

    Re: Can I sell my guns that were confiscated

    More comments from local gun guys:

    4 - Written authorization for a family member or friend to pick them up and sell them for you.

    5 - The police have no authority to withhold the guns that were not used in the crime, but the one that was is likely to be forfeit.

    6 - The attorney of record would petition the court to release them for sale, either thru the attorney of record or a designated non-felon/FFL. Since the other guns wern't "involved" in the incident, should be relativly easy. Depends of course on the local DA and judge.

     

    Well, seems to me that you'd want to consult your attorney about how to get them sold as it doesn't appear that anybody knows exactly how to go about getting them back.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Dec 9 2009 5:36 PM In reply to

    Re: Can I sell my guns that were confiscated

    Final comment from somebody who knew others that were in the same situation:

    The short answer is that any weapon not specifically ordered by the court as forfeited is still the property of the owner (the new felon).

    Recent federal case law from circa 2000/2001 reviewed the wording of the statutes that prohibit felons from possessing guns and held that wording of "possession" was key; in that, though a felon may not possess a weapon, possession is different and distinct from "ownership". The case involved a felon who was in custody in county jail at the time a relative died and left his gun collection to the felon in his will. The in-custody felon now had legally documented ownership of the guns, though he was obviously not in possession of them. He was charged with being a felon in possession. He defeated the charges.

    The person in question in the instance mentioned at the beginning of this thread needs to have a document created that assigns another trusted person allowed to legally possess firearms as his agent, granting to that agent the power to take into custody his firearms and either store or dispose of them in accordance with his instructions and in compliance with the law. This is what the people I have known in situations such as this have done. The weapons were released to their designated agents, and were sold off or gifted away.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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