To find a gun while magnet fishing may be considered the “Holy Grail” of the sport to some, but finding and taking possession of a firearm though, can be risky. If you do happen to find a pistol or firearm while magnet fishing, it can be hard to determine the best course of action to take. Let’s face it; You’re probably not a lawyer, and impulsive action could have some consequences, should you handle the situation in the wrong manner. This guide will try to help in navigating the legal grey area within the law.
First, let’s go over how to handle the weapon.
The golden rule of handling guns is to treat all guns as if they were loaded and ready to fire. If you’re experienced with firearms, you already know this, but many who engage in magnetic fishing aren’t so familiar with handling weapons. Furthermore; Keep the gun pointed in a safe direction. Certainly don’t look in the barrel and do not touch the trigger. Do not throw or bump the weapon. Guns have been known to fire merely from rough handling. This risk is multiplied when it’s been underwater for weeks, months, years. Rust, debris, mud, all could interfere with the mechanisms.
Decide if you should leave it where it is, or take responsibility of it.
It’s best to handle the weapon as little as possible. Someone may have used it in a crime in which case, it could be valuable evidence. Look at your surroundings. It’s probably fine to leave the gun on the ground if there’s not a lot of people around. If you’re in a highly trafficked area like a public lake or pier, or near a park where children could be, it’s probably best to wrap the weapon up and carry it to safety.
Call the police.
If you decide to guard the weapon, make sure you stay in the spot until the police arrive. It’s best to call a non-emergency number for the nearest law enforcement office. All guns are registered by the serial number, so you can’t legally keep a found gun. However, being lost for a long time underwater, the serial number is likely removed anyway.
It’s probably a good idea to go over what the law says. Since laws vary state-by-state, here is what the Federal Government says.
(ATF):
27 CFR 478.34, No person shall knowingly transport, ship, or receive in interstate or foreign commerce any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered, or possess or receive any firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce.
Do not take ownership of the weapon and certainly do not transport it. Put DO take a picture of it to add to your magnet fishing or treasure hunting collection!