How Should I Sell, Store or Turn in My Firearm?

If you or a loved one was served with a criminal protective order, convicted of a felony, or certain misdemeanors, or “lost” at a civil restraining order, an order to surrender one’s firearms and ammunition forthwith may have been made.  How does one properly respond?  

How should one turn in, sell or store a firearm or firearms to comply with the order?

One should keep in mind that in most cases, one has 24 hours to turn in one’s firearms.  Law enforcement is open 24/7, so it is not acceptable to wait until a Monday if the order is made on a Friday.

If one owns or has a firearm, one must turn in the firearm(s) to local law enforcement or sell it or store it with a federally licensed gun dealer.  One can Google “Licensed Firearm Dealers” and contact that person regarding his or her particular procedures.  It is likely that the dealer will want a copy of any court order that mandates such a sale or storage.

If one plans on surrendering one’s firearm(s) to local law enforcement, it is prudent to ask them about their particular protocol for doing this.  This may be set forth on the agency’s website, or one may have to go to the station in advance and ask in person.  Calling the station can work, but it can also result in one being put on hold for lengthy periods of time, which can be aggravating.

The next step is transporting the firearms to the federally licensed firearm dealer or law enforcement.  One should transport the weapon in an unloaded status, in one’s locked trunk or in an otherwise locked container.  Do not carry it in one’s glove compartment, even if it is locked (this can violate Penal Code § 12026.1(a)). 

Do not bring a loaded firearm into a police or sheriff’s station.

Some of our clients have asked what happens if the gun is not registered.  This may not be a problem.  As some readers may know, there are certain firearms that are not required to be registered.  

Some agencies require that ammunition is brought to the station in a separate trip so that it remains separated from the firearm(s).

Do not bring ammunition with the firearm when one turns it in if the agency agrees to take possession of these items in one trip.  Keep ammunition separate.  Ammunition should be kept in a separate, locked container.

In driving to the police station or sheriff’s station with a firearm or firearms, one should drive straight to the station with no stops, i.e., do not stop at the grocery store or dry cleaners enroute.  Once one parks at the station, one should be sure to lock one’s car before walking into the station.

Do not bring a firearm to court to turn it in at the sheriff’s office at the courthouse.

If one decides to sell a firearm to a licensed gun dealer after taking it to law enforcement, the licensed gun dealer must then present the bill of sale to the local law enforcement agency.  The law enforcement agency will then give the licensed gun dealer the firearm that was sold.

If one plans on storing one’s firearm with a law enforcement agency, it is best to keep the unloaded weapon in one’s trunk and leave it there.  One should lock the car after parking it at the police or sheriff’s station. 

Then one should walk into the station and advise law enforcement that he or she has been ordered to surrender such firearms to law enforcement and that he or she has brought an unloaded firearm to surrender to law enforcement and that it is in one’s locked trunk outside.  It is best to then provide law enforcement with a copy of the court order that one surrender such firearm(s). 

Law enforcement should then accompany the person out to the locked car to take possession of the weapon.  Law enforcement should provide the firearm owner with a receipt showing the transfer of possession.  This receipt may be necessary to then bring to court to show that possession of the firearm has been transferred to law enforcement in compliance with the court order.

One may have to pay law enforcement a nominal storage fee for keeping one’s firearm(s).  Ask law enforcement about this.

With some agencies, law enforcement will come to one’s home to pick up the firearm.

Law enforcement will generally keep the firearm until the restraining order ends.  One can then bring a certified copy of a court order showing the end of the restraining order, as well as one’s identification and a personal firearms eligibility checklist (PFEC) to show one is qualified to own, possess or purchase a firearm. 

One may then have to complete a LEGR (Law Enforcement Gun Release) application, available at http://ag.ca.gov/firearms/forms) to have law enforcement transfer the firearm back.  One has to fill it out in advance and have it returned to then take to the law enforcement agency.  The fee associated with the first firearm transfer is $20 and $3 for each firearm thereafter.