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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33261
Experience:  Began practicing law in 1992
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Question about gun laws in Ca. Can local law enforcement at

Customer Question

Question about gun laws in Ca. Can local law enforcement at the seen of a natural death in a residence turnover the firearms to the landlord ,after they did a criminal check, even though the landlord is not an heir, because the landlord said the deceased owed the land lord money. The land lord reports he turned them over to his son. Supposedly no background check was done on son?
JA: Since laws vary from place to place, what state is this in? And has any official paperwork been filed?
Customer: California.
JA: Has anything been filed or reported?
Customer: I am the administrator of estate and I tried to report the firearms stolen today. Sheriff officer was reluctant to accept this report until he consulted other.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 5 months ago.
Category: Legal
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 5 months ago.
Thank you. Did you receive my problem sinopisis?
Expert:  Dwayne B. replied 5 months ago.

The police weren't supposed to turn over any property of the deceased to anyone but the executor of the estate. The background check is a side issue and has nothing to do with the ownership of the guns.

At this stage you, as the executor, have a duty to raise the issue with the court and to sue the landlord and possibly the police for the return of the guns.

Customer: replied 5 months ago.
I believe the sheriff was not following state law compounded by the fact the landlord admitted turning the firearms over to his son for safe keeping. Should they not step in and correct the problem because of the improper transfer?
Expert:  Dwayne B. replied 5 months ago.

The Sheriff's Office really has no way to correct he problem at this point. They weren't supposed to turn them over to them in the first place but once they did there is really no way for them to reverse the decision without filing a lawsuit which they aren't going to do. As an executor you have a "fiduciary duty" to the estate to ace in the estate's best interest which includes bringing lawsuits, etc.