reply to post by RealSpoke
Unfortuntely, there are several federal and state laws that may apply to this situation.
If the firearm is used in some sort of criminal act, the firearm is subject to seizure by the police as evidence.
Next, is the Lautenberg Amendment
or Domestic Violence Offender Gun Ban.
Under this statute, domestic violence offenders are federally prohibited to own or possess any firearm. If the police respond to a domestic abuse
type situation, any firearms seen in the house are subject to seizure and safekeeping because the person in possession of the firearm, if convicted,
may become a domestic violence offender.
If the accused person is later found guilty, the firearm will be destroyed by the police. If the accused person takes a plea deal where they are not
necessarily found guilty, the judge can make it a stipulation of the deal to relinquish the firearm and have it destroyed. If the accused person is
found not guilty outright, as long as the accused person passes another background check, the firearm should be released back to it's rightful
And NO it isn't registered, it isn't required in Ohio
This is also a big problem in this situation. Without registration, it is very hard to prove who actually owns the firearm. Unless some sort of
receipt or documentation is produced, it is almost impossible to prove ownership and ownership would automatically be attributed to whomever is found
in possession of said unregistered firearm.
This Ohio Law
may also apply in this case depending on the facts. In this law, it is unlawful to
recklessly lend a firearm to a prohibited person. Meaning if your father recklessly loaned the firearm to a prohibited person he may be in violation
of the state law. This may be a little far fetched and would depend on what the court's definition of reckless may be when pertaining to lending a
Whenever someone is willingly allowing their firearm to be taken out of their custody, it is a risky situation because of these transfer laws. If the
person you are lending your firearm to is federally prohibited, you may be in violation of the law.
edit on 17-5-2012 by areyouserious2010
because: (no reason given)