I don't know what state he is in, but how could that be legal? IANAL, but I would assume it would be his parents' word against his word. Does the parents have proof that he is a danger to himself or others?
Yes, it would be his word against theirs, but 1) parents' words can and will be considered in such an assessment (siblings' can't, but spouses'/partners' can), especially when the parents produce the evidence; 2) the law would likely consider liability in their decision and err on the side of caution, resulting in a delay and a headache at best; and 3) if he is staying in his parents' house, he is A) more plausibly their dependant and thus their assessment of his mental state will be more credible, and B) their tenant, subject to their "terms of lease" as regards firearms posession.
It's a sticky and complex situation, and one that could go either way. But think about it from the judge's point of view, in this anti-choice society, and you tell me which way
you think it would be likely to go? Not theoretically, or ideally, but realistically?
@dysfunctional, I agree that if you can unobtrusively re-acquire the existing gun, that is certainly a good option. However, if it is likely that your parents will notice that you have reclaimed posession of it before such time as you ctb, they will undoubtedly raise a ruckus. In which case, purchasing a new gun may be your best / most subtle option.