Legal Question in Criminal Law in California

Gun Ownership

I left a bad relationship literally running for my life and was unable to remove all of my belongings. The only item of value to me is a gun that I purchased in 'my name' that is registered in my name. The individual whose home it is in refuses to give it to me and has stated that they threw the gun away. What happens if there is a criminal act with the gun and it's registered to me, but it's not in my possession? What can I do?


Asked on 8/23/01, 5:44 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Gun Ownership

Go to the Sheriff or police department and report the gun as stolen. It's as simple as that. Some departments prefer to or will come to your home to take the report.

There are no legal private transfers of firearms between individuals in California. The sale of all firearms must go through licensed firearm dealers. At some time the sale of the gun should be reported to the police, and you'll be given an opportunity to get it back.

Then file a lawsuit in small claims court to recover the price of the gun from whomever you were living with. They'll deny you had a gun but the fact that you sued them is also some proof you didn't recover the gun when you moved out.

So see if you can get a witness or some evidence, that the person that claims to have thrown the gun away, admits to having thrown it away.

It's a terrible act to throw a gun away. A child could find it or someone that isn't permitted to own a gun might come into the possession of the gun. I really doubt any judge in a civil trial would believe that the gun was thrown out. So get your receipts or whatever record you have of owning the gun, or again a witness that knew you owned the gun to testify for you.

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Answered on 8/27/01, 10:21 am


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