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Discussion Starter · #1 ·
Is there a procedure to get possession of a relative's firearms that have been confiscated as part of a TPO?

In the spring of 2020, I have a relative who got into an argument at their house with his girlfriend (and his baby momma). He ended hitting her car with his fists and was charged with criminal trespass. She got a TPO that was in place for 1 year. It has since been extended an additional 3 years. When he got out of jail after a few days, the sheriff's deputies met him at their house so he could turn over his GWCL & his firearms. Since then, he was arrested in another jurisdiction and has just taken a plea deal where he pled guilty, one of the charges was a felony.

I have Power of Attorney over any of his affairs at this point. Is there a procedure where I could take possession of those firearms from the sheriff's department?
 

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Lawyer and Gun Activist
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I think you and he could put them in a trust,
better to be an irrevocable trust, during the term of the trust, and the term of the trust should be That the trust ends when one of the following two events happen
1-- the charges against him or fully resolved,

or

2-- the temporary protective order is lifted or has expired without a new protective order being put in place.

If item #1 is the event that triggers the termination of the trust then you have to have two contingencies: if he is not convicted of a disqualifying offense he gets his guns back, but if he is convicted & remains ineligible under law to possess these firearms ( including by 'constructive possession'), then the trust will dictate that the firearms be sold.
Sold to a person outside that prohibited person's household (meaning somebody who lives at a different residence), and the money turned over to the guns' former owner.
 

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Ok, I just reread the OP and saw that his relative is now a convicted felon thanks to different charges in another jurisdiction.
So I think he can let you, as his power of attorney, sell these guns for him, and you give him the $$.

The Sheriff's Office should return the guns over to you once they are convinced that you are going to not let the man possess them again;
you are not going to store them where he might have access to them; but rather you are going to sell them to strangers who are not prohibited persons, and Will not sell them to anybody living in this man's household.
 

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Discussion Starter · #4 ·
Ok, I just reread the OP and saw that his relative is now a convicted felon thanks to different charges in another jurisdiction.
So I think he can let you, as his power of attorney, sell these guns for him, and you give him the $$.

The Sheriff's Office should return the guns over to you once they are convinced that you are going to not let the man possess them again;
you are not going to store them where he might have access to them; but rather you are going to sell them to strangers who are not prohibited persons, and Will not sell them to anybody living in this man's household.
Thanks for that info GS. I wasn't sure what the likelihood was that they'd release them to me. I work just down the road from that Sheriff's Dept. I'll go by there one day and see how it goes.
 

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Moral of the story: keep your hands in your pockets, and don't raise your voice when having one of 'those' conversations. It can keep you out of jail. Works for me anyway. Doesn't work with interactions with LEO though.
 

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Discussion Starter · #8 ·
I went by the SO this morning. They told me that they won't release them until the TPO expires. In June, it had been extended for 3 years. So he said that I can come back in mid-June 2024.
 
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