Who's in possession?

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  • 380Mike

    Marksman
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    Nov 19, 2011
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    I had an idle mind thought this morning. I know of a couple places that will lock up off duty LEO's firearms while they are on the property or a ride (in one place's case). My question is two part. Who is legally in possession of the firearm and do these businesses have to have a FFL to hold these weapons?
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
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    Lafayette, Indiana
    I don't understand. Are the business selling the off-duty LEOs guns, like a pawn shop? Why does it matter who possesses them? Could be both given the fact pattern.

    See if this helps:

    Do I need an FFL=>Are you engaged in the business of making, buying or selling firearms? If yes, then FFL.
     

    Kirk Freeman

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    Mar 9, 2008
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    Or, do you mean like a casino? The casino puts the guns in a safe while the patron gambles?

    If so, as long as the casino does not sell them (lol, Theft charge too), no need for an FFL.

    The legal term for this is "bailment" if this helps.
     

    fullmetaljesus

    Probably smoking a cigar.
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    Jan 12, 2012
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    Indy
    I've never seen a "storage ffl"
    There are manufacturing, collecting and dealing licenses.

    Why would you need an ffl to store a firearm?
     

    380Mike

    Marksman
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    Nov 19, 2011
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    They are businesses that do not allow weapons, and will store a LEO's firearm in a locked storage. It just ran across my brain this morning as to who is responsible for these firearms if something should happen and if these businesses are required to have some sort of a FFL license or a certain level of security for the storage. Not looking for legal advice, just one of my rambling thoughts of an idle mind.
     

    walt o

    Expert
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    Feb 10, 2008
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    Hammond
    I believe that most Hospitals have a lock up area that they keep emergency patience guns in. No license for that
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
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    Lafayette, Indiana
    They are businesses that do not allow weapons, and will store a LEO's firearm in a locked storage. It just ran across my brain this morning as to who is responsible for these firearms if something should happen and if these businesses are required to have some sort of a FFL license or a certain level of security for the storage. Not looking for legal advice, just one of my rambling thoughts of an idle mind.

    Your question is Personal Property that I took 2d semester 2L. We took Real Property in first semester 2L.


     

    fullmetaljesus

    Probably smoking a cigar.
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    Jan 12, 2012
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    I believe that most Hospitals have a lock up area that they keep emergency patience guns in. No license for that
    My sis was in a car accident. She had her gun on her.

    When they were letting her out of the hospital. I walked over to the security office and said "I'm hear to get my sisters gun". They asked her name I told him. It was sitting in a cardboard cubby he handed it to me no further questions asked. I walked out with her pistol in my pocket.
     

    380Mike

    Marksman
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    Nov 19, 2011
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    My sis was in a car accident. She had her gun on her.

    When they were letting her out of the hospital. I walked over to the security office and said "I'm hear to get my sisters gun". They asked her name I told him. It was sitting in a cardboard cubby he handed it to me no further questions asked. I walked out with her pistol in my pocket.
    This is kind of scary.
     

    JeepHammer

    SHOOTER
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    Aug 2, 2018
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    SW Indiana
    "Firearms Possession" legal definition, personal command & control.

    In a locker NO ONE is in command & control of the firearm.

    See thousands of cases where felons where in 'Firearms Possession, command & control of a firearm'.

    Also see locked firearms safes, lockers, secure storage, such as transportation by personal vehicles, airlines, ect.
    You have legally surrendered the firearm command and control when using locking firearms boxes you don't have in your immediate possession.
     

    Markus

    Sharpshooter
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    May 13, 2015
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    Indianapolis
    I was in a car accident a few years back on the way home from the office. Was rear ended and the car went under my SUV. Lifted the rear wheels off of the ground. No airbag deployment but my face made contact with the steering wheel and broke my glasses. After impact, I couldn't see anything in my side/rearview mirrors so I got out of the car and was dazed. Next thing I knew I was laying in the back of an ambulance. I asked that they get the LEO for me and advised him that my pistol was loaded and in the side pocket of the driver's door. He moved my SUV out of the road, locked it and brought me the keys. Told me my pistol was secured inside my vehicle. Car that hit me was towed but I drove the SUV home. When I got back in my car, the LEO was with me and pointed out that the pistol was still where I told him it would be. I actually thought he was going to take possession of it. And yes, later that night my wife ended up taking me to the hospital claiming I was making incoherent statements.
     

    Jaybird1980

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    Jan 22, 2016
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    North Central
    You said they were letting her out, so i assume she would have been able to retrieve it herself. I'm really surprised they didn't need her approval to release it.
     

    snorko

    Grandmaster
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    Apr 3, 2008
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    Evansville, IN
    The Vanderburgh Co. Civic Center has metal detectors at the entrances. There is a small bank of lockers with keyed locks, kind of similar to P.O. boxes, at the entrance. You pay a quarter and can lock up your knife or whatever. However, they are apparently not meant for firearms. A friend of mine went in, pulled out his Colt Mustang .380 in a pocket holster, and proceeded to lock it up. The Deputy Sheriffs on duty gave him hell.

    I guess they would prefer the firearm to be less secured in a vehicle than locked up under LEO sight.
     

    JettaKnight

    Я з Україною
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    Oct 13, 2010
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    Fort Wayne
    Are you allowed to carry in a hospital say visitation or waiting for out patient surgery if the hospital has no signs saying not to?
    Why wouldn't you be? :dunno:

    At most hospitals those "no guns" signs are the same as the ones at a movie theatre.
     
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