A good friend of mine just got slapped with a PFA. While he fights it, he needs to get rid of his guns.
Can I keep them for him? He doesn't have to surrender them to the sheriff, right?
Obviously, I need an answer really soon.
Thanks in advance...
There is only one way I know of, and that is for you and him to do the SafeKeeper application through the sheriff, unless you are related, in which case he can just give them to you. Rifles he can just give to you, it would be handguns that you have to go through the sheriff for.
Sorry...I wasn't clear. Yes, the guns in question are handguns. No, we aren't related.
I can't just go get them and keep them at my house for safe keeping? I've never heard of the SafeKeeper application. I'll do some digging. Thanks for the info.
EDIT: Ugh...I told him not to talk to a LEO for advice, so he did. The cop told him he didn't have to give up his guns, even though the PFA says he can't possess firearms. The cop said he can keep them, but can only take them to a range or for servicing.
Another question...will his LTCF get revoked, too?
I know an FFL can store the guns, and I think that whoever does it has to be "approved" by the courts, though I've never heard of an actual application to be filled out by the person who's going to store them.
His LTCF may be revoked. It should be, as he's ineligible while under the PFA. IMO, an appeal would be a waste of time and money, as a PFA is a legitimate disqualifier, so that means he'll have to wait a year from revocation (if it happens) to re-apply.
The licensing statute also requires that an individual actually notify the Sheriff if they become "ineligible to legally possess or acquire firearms". While this is only temporary in the case of a PFA, it does apply, so that's something to consider and perhaps ask an attorney about as well.
Wow...that's messed up. Thanks for the info.
To reiterate, I had a good friend who had a PFA on him. when we went to the sheriffs office. I became my friends safe keeper, and the gave me his weapons for safekeeping. The sheriff will fill you in, just call him!
Your friend will have to fill out a form sp4-382 Affidavit of Safekeeping permit for relinquishment of firearms at the location sheriff's dept. He would not be able to hand them off to a family member without it due to the pfa prohibiting him from possessing, aquiring, or transfering firearms. Its a fairly simple process to have a 3rd party take possession. The 3rd party would have to accompany the defendant to the sheriff's dept as the form has to be notarized with both signatures. The 3rd party would then have a pics check run on them and upon approval would be able to take possession of the firearms. The process would be the same for a firearms dealer wishing to take possession however he would have to fill out a sp 4-383 but he would not be required to pass a pics check.
If the third party is a LTCF holder, wouldn't said person be able to "borrow" the firearm(s)?
(04-24-2010 07:33 PM)shooter357 Wrote: [ -> ]If the third party is a LTCF holder, wouldn't said person be able to "borrow" the firearm(s)?
That was kinda what I was wondering...but since I'm not an expert, I figured I'd ask.
not once there is an order in effect
A co worker had a PFA against him a couple of monthes ago.
The sheriffs came to work and took his LTCF the day the PFA was filed.