Stick to our guns? No thanks.

December 14, 2009 5:13 PM

How do we get rid of an unregistered handgun we inherited?

Yesterday, when going through some boxes in my mom's home, I found a handgun. When I asked her about it, she said that it was my grandfather's, and that she had found it in my grandfather's apartment when he died (20 years ago) and had been carting it around ever since.

My mother does not have any desire to own a handgun. If she could make it disappear with a wish, she would. But she's not sure whether my grandmother obtained the gun legally, and she's worried that she'll get in trouble for holding on to it for so long without registering it, and for bringing it across state lines (we have lived in NY, NJ, NH, and MD (where she currently lives)).

I've asked a couple of friends and they say that she should just take it to the police and explain the situation, and that they'll take care of it. But as I said, my mom is worried about getting into trouble.

So - should we take it to the police? How can we expect them to respond? Is there some other way to get rid of it *safely*? My mother and I are both kind of terrified by this thing - we're hippie pacifists and we don't even know how to tell if it's loaded.

posted by anonymous to grab bag (42 answers total)

The police where I live will sometimes have amnesty days for turning in weapons with no questions asked, and will even give you $$$. I don't know about Maryland, but I bet DC has them regularly.
posted by Ashley801 at 5:16 PM on December 14, 2009 [1 favorite]

Contact the Maryland chapter of the National Rifle Association. Ask them for a referral to a lawyer who is familiar with the disposition of inherited handguns. Follow that lawyer's advice.
posted by dfriedman at 5:18 PM on December 14, 2009 [4 favorites]

I don't have any good advice for you, but there was a mefi story recently about a man in the UK who was arrested when he found an abandoned gun and took it to the police. Apparently he was supposed to leave it and report it.
posted by Post-it Goat at 5:20 PM on December 14, 2009

she is right to be worried. Paul Clarke is facing 5 years in jail for finding a gun and turning it in.

follow dfriedman's advice.
posted by nadawi at 5:23 PM on December 14, 2009

Post-it Goat: The UK is NOT the US, especially when it comes to gun laws. US states may require registration, etc, but handgun ownership is legal. Horror stories and, in fact, almost any law-related advice relating to firearms in the UK is totally irrelevant anywhere in the US.

anon: I suggest you contact the local NRA chapter, as dfriedman said.
posted by Tomorrowful at 5:23 PM on December 14, 2009 [11 favorites]

So - should we take it to the police?

I would not bring a gun into a police station under any circumstances.. maybe you can call them and explain your situation.
posted by pwally at 5:24 PM on December 14, 2009

If you don't know how to tell if it's loaded, don't handle it. At all. Not trying to scare you, just giving you good advice. If you must handle it, do not point it at anything you would not be willing to shoot, and keep your finger off the trigger.

I agree that you should probably consult a lawyer, but I wouldn't lose any sleep over this. You are living in a relatively gun-friendly country, although your state may be more restrictive than some. It'll be OK.
posted by bricoleur at 5:30 PM on December 14, 2009 [1 favorite]

When my grandmother died in Maryland, my mother found multiple guns in the house which, if they had ever been registered, certainly did not have any helpful paperwork to that effect. I'm quite certain she called the police and was told what to do. I don't remember specifically what that was, but can check in with her and find out if you need to know. But I would suggest you do the same, just call them and let them tell you what to do. This is a not-that-uncommon occurrence.
posted by Stacey at 5:32 PM on December 14, 2009

I'd call the police (the non-emergency number) and ask about policies. Give them the whole story. If there's going to be trouble, take it to pawn shop -- depending on your state, they may not care about its registration status.

What kind of handgun is it? Is it rare? Is it an antique? You may want to sell it (legally) and recover its value. You could always give the money to charity.
posted by Cool Papa Bell at 5:33 PM on December 14, 2009 [3 favorites]

If you folks know a lawyer, ask if they will act as an intermediary to turn it in to the authorities. That way you stay anonymous in case of trouble.

In DC, lawyers can surrender the material with amnesty. If you like, and your mother's location in MD is near Washington, you can send me mefi mail and I will see about going this route (I am a member of the DC bar).
posted by exogenous at 5:34 PM on December 14, 2009 [2 favorites]

another resource, if you don't want to call the police, is to try to call a local gun shop and explain. They should at least be able to point you in the right direction, whether that is talking to a lawyer, selling it, or whatever.
posted by ArgentCorvid at 5:35 PM on December 14, 2009

About ten years ago, my partner and I got rid of an inherited, unregistered revolver by taking it to a pawn shop. The pawn shop had a form to fill out with our information, a kind of affidavit saying, "This gun was inherited blah blah blah." They gave us a very modest amount of money for it. I do not believe they thought it was a stolen gun or any such thing; it seemed like there was a clearly-established procedure for dealing with old guns. It was a big ho-hum to the pawn shop guy. This is in Michigan.

That said, the police non-emergency number would be a good call, especially if you're concerned about whether handling it is safe.
posted by not that girl at 5:42 PM on December 14, 2009

Agreed that if you don't know how to tell if it's loaded, don't handle it. Because you don't know if it's safe, I would call up the police and explain the situation - you didn't know it was up there (no need to mention that your mother has been moving it around, which was really, really dumb given that she doesn't even know if the damn thing is loaded), it's been in a box for 20 years, and now you don't know how to make sure it's safe and you just want it gone. The police in the U.S. are crazy in many respects, but they're a lot more sane than British police when it comes to dealing with guns. They'll come by and get rid of it.

Alternatively, if you want a lower-risk option, contact your local NRA branch and ask how you can find someone to make it safe. Then contact a lawyer who can return it to the police anonymously for disposal.
posted by Dasein at 5:44 PM on December 14, 2009

Definitely police non-emergency number; no need for the full story, either -- just that it's been inherited, she doesn't want it, and she doesn't know how to handle it.

Otherwise, if she's still nervous about calling the police, a gun shop or the local NRA branch can tell you all your options. (I wouldn't make a big "we're pacifist hippies who can't stand guns" statement, though... just say you have no background or training in guns and don't know how to handle it safely.)
posted by scody at 5:53 PM on December 14, 2009

How to unload a revolver

How to unload an automatic pistol

If you are in the DC area, I can volunteer to stop by and unload it for you this weekend, or at least check that it is unloaded. I can not and will not take the weapon, though. Drop me a MeMail.
posted by procrastination at 6:04 PM on December 14, 2009 [1 favorite]

Also, before this worries her, you should keep in mind that although the article doesn't make it absolutely clear, Paul Clarke, the guy arrested and jailed on charges of possession of an unregistered weapon that nadawi linked to above, is in the UK, not the US. As such, his situation has very, very little to do with your mother's, and she shouldn't worry about similar things happening (although of course anything is possible.) There are many, many more guns in the US, and they aren't seen as such a criminal problem.

The NRA -> lawyer -> amnesty thing seems like a good idea.
posted by koeselitz at 6:24 PM on December 14, 2009

What kind of gun is it? It might be rare, or special in some way. I'd verify the sucker isn't worth a lot of money before making it just disappear.
posted by floam at 6:33 PM on December 14, 2009 [1 favorite]

Pawn it. At least you'll get some cash for it. Involving a lawyer would mean you pay cash to get rid of it. There's really no reason to make it any more complicated than it needs to be. Pawn it.
posted by Thorzdad at 6:33 PM on December 14, 2009

Had to do this a few years ago with some firearms my grandfather had owned. My dad put them in the trunk of his car, drove to the police station, left them in the car and walked inside and asked the desk SGT what he should do. An officer came out to the car with him and took posession. I'd probably modify this slightly, and call ahead to ask before just showing up. But the point is - this happens frequently, and they know what to do.
posted by NotMyselfRightNow at 6:33 PM on December 14, 2009

What kind of handgun is it? Is it rare? Is it an antique? You may want to sell it (legally) and recover its value. You could always give the money to charity.

This. It might well be useful to discover if it has any special value. It's entirely possible that it's some cheap pistol that your grandfather bought for protection (mine did this with a little .22 pistol), but it may be worth investigating. It might even have some kind of historical value for your family (my other grandpa had a German pistol he brought back from the war).

I'd first call your local NRA, but the police might even come to your house to unload it for you and take away the ammunition.
posted by Atreides at 6:38 PM on December 14, 2009

When my father passed away this summer, our first priority was finding his rifle and getting rid of it. His house wasn't secure (no window locks on several first floor windows), and his house was in a lousy neighborhood (there were neighbors across the street going through the dumpster almost as soon as we started throwing things out, and semi-casing the house itself).

We called the police to ask them what to do. A police officer came by, looked at the gun, and clearly would have liked to buy it, but couldn't due to conflict of interest rules. He suggested selling it at either a pawn shop or a gun shop. We managed to get $40 for an old, rusted bolt-action .22. I'd go with the same route. Call the cops, ask what you should do, if you're not comfortable with it. Most likely they'll just tell you to sell it. Then you sell it, and you make some money.
posted by Ghidorah at 7:28 PM on December 14, 2009

We called the police to ask them what to do. A police officer came by, looked at the gun, and clearly would have liked to buy it, but couldn't due to conflict of interest rules. He suggested selling it at either a pawn shop or a gun shop.

The problem with suggestions like these, if you're really worried about legal trouble and you're looking for an authority to tell you what to do, is that police aren't lawyers, they do not give legal advice, and in fact, if owning an unregistered gun were a crime, you would be inviting the police to arrest you.

Either you're worried about getting in trouble, or you're not. If you're worried about getting in trouble, the police are not the people to call. If you're not worried about getting in trouble, pawn it, throw it in the river, and stop worrying about it.

(Seriously, why is throwing it in the trash, burying it in a field, or throwing it in the river not your default option here if you're so worried? It can't be traced to you.)
posted by jayder at 7:34 PM on December 14, 2009

[derail removed, let's keep answers limited to those that will help the asker]
posted by mathowie at 7:58 PM on December 14, 2009

jayder: "(Seriously, why is throwing it in the trash, burying it in a field, or throwing it in the river not your default option here if you're so worried? It can't be traced to you.)"

Really? How about because it could be loaded, then someone could die?
posted by peep at 8:02 PM on December 14, 2009 [1 favorite]

From the original poster:

My mother does in fact live near DC, so I'll be contacting the people in the area who said they could help, thanks.

re: the gun's worth, it had a pretty green marble-type covering on part of it, I don't know if that's unusual for guns. Honestly I don't think either of us are interested in making money off the thing, so unless it could be potentially worth a lot (say, more than a few hundred bucks) I doubt we'll want to pursue that.

re: throwing it in a river - we don't want to take the risk that someone might find it and accidentally injure themselves or use it to intentionally injure others. My mother and I would rather get in trouble with the police than endanger anybody.

Thank you all so much and please do keep responding with any further information about possible legal implications, personal experiences, etc.

posted by mathowie at 8:13 PM on December 14, 2009

You should not assume that the gun was never registered or that it could not be traced back to your mother. It should be disposed of properly or sold with the proper documentation. Which ever method you choose, determining the gun is safe is obviously your primary concern and you probably shouldn't handle it or transport it yourself until you have someone knowledgeable look at it.
posted by Yorrick at 8:25 PM on December 14, 2009

I'm really surprised at the posts recommending throwing it in a river/field/etc... A gun abandoned out in nature somewhere is a whole lot more suspicious than an inherited gun that the new owner wants to dispose of. If that gun is ever found, you can bet the police are going to take steps to locate its owner, and "oh I dumped it out in the woods" isn't going to cut it as a particularly good answer if they come knocking. There's also the possibility someone may use it. Even if it's unloaded and worthless, a kid could well get himself shot if he's seen playing with it and a cop panics. Besides, it's littering, which we don't normally encourage around here and is generally considered a poor problem-solving tactic.

Criminals toss guns in rivers and fields and you will be seen as a criminal if you do so. Normal people sell or dispose of them legally through the mechanisms many posters above have given.

If you really wanted to be rid of it but refused to get anyone else involved in the process, you might find a metalsmith who would be willing to melt it down for you or otherwise render it unusable, but that could well look pretty suspicious too if you didn't already know the metalsmith personally.
posted by zachlipton at 8:40 PM on December 14, 2009 [1 favorite]

I carried a pistol into my local police station, once. Like you, I wanted to dispose of it safely and legally, and I had no paperwork. So I put it into a brown paper bag and brought it to the station, handed it to the dispatcher, and explained, "I took this from [a relative], and need to turn it in." He nodded and I left without incident. It took less than 30 seconds.
posted by red clover at 8:47 PM on December 14, 2009

re: the gun's worth, it had a pretty green marble-type covering on part of it, I don't know if that's unusual for guns. Honestly I don't think either of us are interested in making money off the thing, so unless it could be potentially worth a lot (say, more than a few hundred bucks) I doubt we'll want to pursue that.

That's likely mother-of-pearl. I suppose it could also be ivory with a discoloration. It could be an antique, or something made to look like an antique. You should get it appraised. It could be worth more than a few hundred bucks. This one, for example, is 100 years old and selling in the $4,000 range.
posted by Cool Papa Bell at 8:48 PM on December 14, 2009

Contact your state bar. You should be able to connect with a lawyer who can give you a free or low-cost consult.

If you do decide to dispose of it, make sure it's unloaded first and that it does not have a live round in the chamber.
posted by Happydaz at 8:49 PM on December 14, 2009

If she could make it disappear with a wish, she would.

Throw it into deep water. You'll never have to think of it again. I'm amazed at all these other answers, given the details of how the question was phrased. There's nothing to be gained by contacting police or a lawyer, nothing at all. Just throw it far far away and never think of it again.
posted by Perplexity at 8:50 PM on December 14, 2009

Wrap it in cloth and throw it in the river. Or bury it in a deep pit where no one will find it.
posted by Blazecock Pileon at 8:56 PM on December 14, 2009

Call the police non-emergency line and explain the situation. They will tell you when/where to turn it in. If you are in the 'burbs I bet they will send someone by to pick it up.
posted by Mid at 9:05 PM on December 14, 2009

If you decide you want to sell it, all gun stores are FFL (federal firearms license) registered and would be able to tell you if they could legally purchase the gun.
posted by electroboy at 9:17 PM on December 14, 2009

Handgun ownership in MD doesn't require registration of the weapon.

I would make sure that someone who knew firearms stopped by the house to assure that the weapon was not loaded prior to your mother doing anything with it. From there she should research how much it is worth, as an older firearm can be worth quite a bit, then sell it.

If she doesn't wish to sell it, calling the non emergency police number and explaining the situation is the way to go. They will pick up the firearm and destroy it. They aren't going to arrest her for a legal firearm.
posted by SuzySmith at 9:42 PM on December 14, 2009

Ironically enough, I was with a ridealong with a Seattle Police Officer when a call similar to this came in - a couple found a rusted rifle in their bushes while clearing away brush.

Here's what happened:

1. The couple left the gun where they found it.

2. The couple called the police. I don't know if it was 911 or the non-emergency line, but they called the police as soon as they found the gun.

3. The cop came out, interviewed the couple, took a statement, then took the rifle after peacebinding it. There was no indication that they were charged with anything.

4. The rifle in question had its make, model, and serial number filed into a couple of national databases, on the off chance that it was wanted in some way.

5. The rifle was filed in an Evidence locker.

I'd recommend calling the non emergency number, talk to a police officer about it, and follow their advice in regards to disposing it, especially if they want the police to take care of it.
posted by spinifex23 at 11:31 PM on December 14, 2009 [1 favorite]

I don't see the percentage in going right to the police. What of the longshot chance that the gun was used in a crime? Now you've got to answer some uncomfortable questions.

The lawyer thing sounds better, because at least you've got attorney-client privilege protecting you.

If it were me, I'd do like it says upthread and throw it in a fast-moving river. Just make sure to drive it there in a locked box and don't get pulled over on the way.
posted by meadowlark lime at 3:38 AM on December 15, 2009

I know we're mostly hippie liberals here (including me,) but what's with all the police-related paranoia?

OP, call the non-emergency line for your local police. Tell them the truth, and that you'd just like to turn it in. If they start asking uncomfortable questions, then feel free to excuse yourself and hang up. Or just hang up, period. Do it on a public phone if it makes you feel more comfortable and less "traceable."

Come on, people. Trust is a two-way street and I understand that we've all had bad experiences with the police, but they are there to help. At the very least respect them unless you've already had experience enough with your local police to explicitly not trust them.
posted by InsanePenguin at 5:42 AM on December 15, 2009 [2 favorites]

quite frankly, it would be illegal and dangerous for you to do anything other then turn it over to the authorities, or into the care of someone who handles firearms for a living. i'd do a quick eval to see if it's worth anything. if it was, i'd sell it to a gun shop. if not, i'd take it to the cops. if you're really cautious, turn it over to a lawyer.
posted by lester's sock puppet at 6:42 AM on December 15, 2009

If it was me I'd

1. Make sure it isn't loaded
2. Dismantle it as much as I could without tools.
3. Take the pieces down to my shop.
4. Don eye and ear protection.
5. Turn on the bench grinder and reduce the pieces to slag and filings.
6. Sweep up the bits and toss them in my iron bin.

You may need to inject a step 3B of acquiring bench grinder. It would be cheaper than hiring a lawyer and I prefer to keep my dealings with the police to a minimum.
posted by Mitheral at 10:24 AM on December 15, 2009

It would be cheaper than hiring a lawyer

But not nearly as cheap as using a lawyer to provide this service for free, as available to the poster.
posted by exogenous at 8:24 AM on December 22, 2009

On the off chance anonymous is still around or anyone else goes looking for this later... Over Christmas I consulted with my mother, who'd had the same situation in Maryland. She said the police had no interest in taking the gun off her hands, but the sheriff's office did. So, at least in MD, the sheriff is the way to go. It didn't sound like there was any questioning or any consequences for her - just something that happens a lot and they were glad she'd called so they could take care of it.
posted by Stacey at 5:16 AM on December 28, 2009