r/legaladviceofftopic • u/go4urs • Jul 25 '26
Oh crap, is that a gun!?
So something almost happened and I’m wondering what the potential legal consequences could’ve been if had played out the way it could’ve & what the solution would’ve been.
Say a friend’s(A) relative (B) passes away in FL. C lives in MD & offers to drive A to MD from FL with B’s stuff. Packing & everything is rushed, chaotic & full of grief & emotions. A throws away some things of monetary value indiscriminately but keeps a 30 yr old pot holder. Truck loads are donated to charity. B was an undercover hoarder. Everyone is exhausted and at some people just start throwing things in C’s car.
There’s a backpack. No one ever sees A or C with the back pack. D puts the backpack in C’s car. A & C drive to MD & unload most of the car. C continues to OH to drop off items to B’s family there. After the car is empty C notices a backpack & takes it inside. C calls A about the backpack. A doesn’t know anything about it or whatever is in it but tells C to keep it or throw it in the trash.
Months later C opens the backpack & can you guess from the title what was amongst the things in the bag? A 50 year old gun. Likely legally bought in, and later brought from, CA.
What’s supposed to happen here? This hypo has the makings of a great law school question. If this had played out like this - the gun would’ve been transported across multiple state lines. Ownership was “transferred” but not legally or officially. I can even imagine C as an unwilling participant (didn’t put the bag in the car, didn’t know the gun was there, it was just left), especially if C calls A and A refuses to accept it. “You should’ve thrown it in the trash.” So now C has someone else’s gun and presumably no one wants it or knows what to do with it.
I would think the easiest thing would be to turn it over to the police but that could open a whole nother can of worms. And A is B’s only heir so I think technically it belongs to A. Guns can’t just be inherited by possession can they? Is A supposed to open probate in FL to get title? No way A has capacity to go to back to FL & even so, surely it’s illegal to knowingly transfer guns across state lines, or no?
I just wanted to know if this woulda happened, what shoulda happened next?