Expert: Robert P. Firriolo - 8/27/2009

Question
Hello, my father was sentenced to 6 years in prison for vehicular manslaughter, while intoxicated,which i believe is a felony.While in prison, he transferred from NJ to NC. He has recently been released and informed me he will be coming to pick up his things in NJ and return to NC.His firearms (shotguns+rifles) were left in my possession when he went in.I have recently received my FID card. Having been convicted of a crime like that, i understand he may not be legally allowed to possess firearms any longer. If he asks for his firearms back, am obligated to give them back to him since they are his? Would i been committing a crime by putting firearms in the hands of someone who cannot legally possess them?Any information you can provide would be greatly appreciated.

Answer
If your father was sentenced to 6 years in prison, it most certainly was a felony conviction. As a convicted felon, he is a "prohibited person" and may not lawfully possess or receive firearms or ammunition under federal law.

Transferring firearms to a person one knows, or has reasonable cause to believe, is prohibited from receiving or possessing firearms under federal law is a federal offense.

If your father only gave you his firearms to hold in storage, and did not give them to you as a gift or sell them to you, he technically still owns them even though me may not possess them. He could ask you to pay him for the value of the guns if you keep them, or ask you to sell them and give him the proceeds (that is, the cash from the sale). He could even theoretically bring a civil suit against you to force you to liquidate (that is, sell) the firearms and give him the proceeds of the sale. He can legally get the cash, but not the guns.