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View Full Version : Handgun recovered by law enforcement, what can I expect?


Lumpy8
08-07-2010, 10:06 PM
Got a call the other night that a handgun I had originally purchased new in 1980 had been taken off a person that had been arrested.

I originally bought this handgun new in 1980, sold it to who knows who (can't remember, no record) a couple years later. This time frame being before you had to do any paper work on transfers.

The police called me because I was still the owner of record.

The police gave me a case number and told me that I could claim the handgun, directing me to the property room at the police station.

So, sometime in the next couple of weeks I'm going down to the station to claim the handgun.

I don't have a clue what to expect when I get down to the police department to claim this handgun.

My questions for this forum: The handgun is still registered to me, do I need to do any State or Federal paper work?

Dutch Schultz
08-07-2010, 11:41 PM
Just out of curiosity, how far did it travel?

tenpercentfirearms
08-07-2010, 11:52 PM
You might have to fill out a LEGR. Google it.

CSDGuy
08-08-2010, 12:13 AM
LEGR. The Property Room likely isn't supposed to release the firearm without it. If you don't pick up the firearm... into rebar it will become.

kemasa
08-08-2010, 2:03 PM
Hmmmm, the firearm is not legally yours since you sold it. Yes, you are the last recorded owner, but you had best hope that if you go to claim it that they don't have a lot of questions for you.

Lumpy8
08-08-2010, 10:18 PM
Dutch, the gun has stayed in my home town, recovered by the local PD.

kemasa, Care to elaborate on what those questions may be.

sniper5
08-08-2010, 11:32 PM
Prior to 1990 FTF sale of pistols between private individuals was totally legal. No documentation was required. They may ask you when you sold it and to whom. It is a shame if you don't remember the name of the true owner. It would be nice if he could get it back. Surprising there was no theft report made. Maybe he didn't remember the serial numbers. They might be able to narrow it down if they have records of the thefts after the year it was sold, combined with the info from the perp on when the theft occurred.

tenpercentfirearms
08-08-2010, 11:33 PM
My question is what did you tell the cops? If you told them you sold it and are not the rightful owner anymore and they still tell you to come get it. Then go get it. Buy a homeless guy a meal and that makes it even.

Mstrty
08-08-2010, 11:55 PM
Its a trap. As soon as you claim to be the legit owner of the gun out comes the cuffs. :eek:

kemasa
08-09-2010, 9:38 AM
I agree with Wes.

The questions could be if the firearm was used in a crime after you sold it. The police might wonder if you were the one who used it. If you did not tell the police that you sold it, then you could have a problem.

Did you tell the police that you sold it?

Barbarossa
08-09-2010, 9:47 AM
LEGR. The Property Room likely isn't supposed to release the firearm without it. If you don't pick up the firearm... into rebar it will become.

You will need a current Handgun Safety Certificate, as well as the LEGR form.
LEGR form is sent to CA DOJ, and you get a letter back in 6-8 weeks, saying your okay to own it.

You have 180 days to pick up the gun from when it is recovered.

kemasa
08-09-2010, 11:11 AM
Don't count on it. Surprise is often used to get a better response.

tenpercentfirearms
08-09-2010, 11:18 AM
Don't count on it. Surprise is often used to get a better response.

I too am thinking the odds of this being a set up are really, really minute. I am not sure if there is a statute of limitations or not.

However, kemasa's warning is sound and you should be prepared to assert your rights to be silent and say nothing further until your lawyer gets there.

kemasa
08-09-2010, 11:45 AM
I personally think that he also needs to be honest and tell them that he sold the firearm years ago. If he then does not get it back, then so be it. Otherwise he is basically falsely claiming ownership. He also does not want to change his story.

The statute of limitations depends on when something happened. If something happened and he changed the story from being the owner to having sold the firearm years ago, how do you think his new statements will be viewed?

BTW, there is a law professor who have a youtube video who says that you shold never talk to the police. The officer he also had in his class said the same thing. Nothing you say will help you and everything can be used against you. Police do not tend to talk to people (other than witnesses) unless the person is a suspect. The officer was asked if a person he was questioning ever said anything in which it caused him to change his opinion as to the person's guilt and the answer was no.

http://www.youtube.com/watch?v=i8z7NC5sgik

http://www.youtube.com/watch?v=08fZQWjDVKE

Lumpy8
08-09-2010, 7:17 PM
I went down to the station today and identified myself as wanting to claim the handgun. I was immediately arrested and thrown into a holding tank. I was held for the next 8 hours only given bread and water....


















NOT













There have been a lot of assumptions here. I may not have been clear even tho I tried in my first post. Some of the posters have real imaginations! Let me clarify some of those assumptions.

The gun was not reported stolen, ever!

The gun was not linked to any crime, except for the person being arrested was illegally in possession of the gun and unable to prove lawful ownership, which I don't know if he will be prosecuted of that violation. That person was contacted by police on an other issue (vehicle stop) and was found in possession of gun.

I went down today to the station and met with the sergeant of the property room and the detective in charge of this particular case. They both gave me the impression that I am the "lawful owner."

The sergeant gave me the "Law Enforcement Gun Release Application" (LEGRA) he said to fill it out and send it off. The detective said by the time I got the letter back from the DOJ this case should have been heard in court and the gun could be released.

Now, I will assume... I was contacted by the police because I'm the "lawful owner." I have not been asked what the deposition of the gun was/is/has been since it was originally purchased and registered by me in 1980, so, I will follow their directions.

I will inquire about the court case after it is heard just for S&G to read what the case was all about.

I filled out the LEGRA and no where on the application does it ask for my "Handgun Safety Certificate" number or to send any copies of said certificate.

kemasa
08-10-2010, 10:51 AM
You are the last registered owner, not the legal (lawful) owner. You sold the firearm and therefore lost interest in the firearm. Since there was no requirement that transfers go through a FFL and have a DROS filled out at the time, it was legal, but it just means that the government does not know that it was sold and that ownership changed.

If the person that you sold it to came forward, then they would have a right to take the firearm from you. If they sold it to someone else, then the final person it was sold to would be the legal owner.

You have not answered the question as to whether you told the police that you sold the firearm.

Lumpy8
08-10-2010, 5:06 PM
The police have not asked me if I sold the gun.

kemasa,
I'm taking your advice of not talking to the police and when I do talk to the police I'm only going to give them the answers to their specific questions. :)

Lumpy8
08-10-2010, 5:07 PM
Double post

Lumpy8
08-10-2010, 8:22 PM
If the person that you sold it to came forward, then they would have a right to take the firearm from you. If they sold it to someone else, then the final person it was sold to would be the legal owner.

How would either of these persons show proof they were the "legal owners"? Just stating that they were wouldn't get it!

I have proof that I'm the "legal owner", being that I'm the registered owner of record and having a sales receipt of sale.

tenpercentfirearms
08-10-2010, 10:33 PM
How would either of these persons show proof they were the "legal owners"? Just stating that they were wouldn't get it!

I have proof that I'm the "legal owner", being that I'm the registered owner of record and having a sales receipt of sale.

I don't think I could look myself in the face with this line of reasoning. Try to justify it all you want, but you are unlawfully taking possession of property that is no longer yours and you are not being honest about it.

It is your character and reputation.

Lumpy8
08-11-2010, 5:59 AM
No one will be coming forward to claim this gun! The police have no way of knowing who is/was the person who is entitled (as some of you think) to claim this gun.

Should I feel better about myself letting this gun be unclaimed and be turned into rebar?

tenpercentfirearms
08-11-2010, 6:47 AM
No one will be coming forward to claim this gun! The police have no way of knowing who is/was the person who is entitled (as some of you think) to claim this gun.

Should I feel better about myself letting this gun be unclaimed and be turned into rebar?

And how do you know that? Did you make an effort to find out? Did you inform the police you sold it years ago?

I agree if it is going to go to scrap, it might be better for you to claim it. However, you are giving an impression that you are more than happy to take someone else's property without even being remotely concerned about doing the right thing.

For example, you could save it from the scrap yard and still try and find out who owned it last. That however, doesn't seem to be your concern.

Table Rock Arms
08-11-2010, 10:37 AM
You should have told the police that you sold the gun in the 1980's like you did (allegedly). The guy who got puled over could have been the guy you sold the gun to, but the cops arrested him because he could not show legal ownership.

The fact that you refer to yourself as the Legal owner of the gun, and you also say you sold it does not add up. You can't be both. which one is it?

bjl333
08-11-2010, 10:48 AM
No one will be coming forward to claim this gun! The police have no way of knowing who is/was the person who is entitled (as some of you think) to claim this gun.

Should I feel better about myself letting this gun be unclaimed and be turned into rebar?

If the person carrying it is found not guilty, then you should transfer it to him. I am assuming if he is found not guilty he can legally own a handgun. If he is found guilty for whatevers then keep the gun.

BTW what kind of gun is it ??? You sounded like you REALLY want it back !!!

kemasa
08-11-2010, 11:00 AM
A person had a handgun taken from him by the police due to some family issues. Because the firearm was not listed in his name, since it was transferred before it was required to go through a dealer, he could not pick it up directly. Instead, he had to have a FFL (me) pick it up and transfer it to him. The person listed as the owner did not have to pick it up.

So, in this case, depending on the specifics of person the firearm was taken from, they might be able to have a FFL pick it up for them. They might actually be the legal owner. Unfortunately, the police incorrectly think that if the last record of sale that the state has does not show the person who currently has it as the "owner", that they do not legally have possession of it.

Again, the question is did you tell the police that you sold the firearm?

You could try to remember who you sold it to and if that person came forward, you might remember them.

AirtechJr
08-25-2010, 6:39 PM
I find these postings rather interesting and humorous. As I am sure Lumpy8 does.

Mr. 8 would be the first (and probably the only) one to return the gun to the rightful owner, he is that type of guy. Then they would review these posts and have a good laugh, shoot a couple hundred rounds and part friends.

Will the final owner of this gun PLEASE come forward!

Until then, Mr. 8, take one for the team and save this one from the scrap heap.

Mssr. Elegantť
08-25-2010, 8:28 PM
I'm curious, if the police help you steal somebody else's property, is that considered theft or is there another legal term for it?

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am the
lawful owner of all firearms that I seek to have returned. I expressly authorize DOJ to perform firearms eligibility checks of all relevant
state and federal databases, including the National Instant Criminal Background Check System. I also understand that if I currently
possess or own firearms and the results of this check reveal that I am ineligible either to lawfully possess or purchase firearms, I must
relinquish any and all firearms in my possession.

I wonder if you could help the guy who got arrested with the gun you used to own by letting the police know that you lawfully sold it many years ago. It might make things less complicated for him. He might be telling the cops that his dad gave him the gun but they don't believe him because they think the gun is your lawful property. He might be pretty pissed if his punishment is worse because the judge thinks he was in possession of a stolen firearm. What are you gonna do six months from now if this guy shows up at your front door and wants his gun back? :p

http://www.type03.net/novelty-pics/ncfom.jpg

owenriquez
08-25-2010, 9:35 PM
Same scenario with my lady friend 11 years ago. Police came to her house (in SM) asking her to pick up her gun that was found in the possesion of a guy in Oakland. My friend called me up to go with her to pick up the the gun at police station on the said date. Police ask for ID and couple of more question and we went home with her gun (9mm sig.). I took the gun to my house to clean it, because it was deep in some kind of solution for ID at the police station. Now the gun is mine after we did a transfer at Tabor engineering. :driving::innocent:

kemasa
08-26-2010, 9:00 AM
The one question that has never been answered is if he told the police that he sold the firearm. It is implied that has not happened, which is not honest.

owenriquez
08-26-2010, 9:12 AM
My understanding was, my lady friend was not even aware that her pistol was stolen... we pick up the gun without hassel...:shifty:

owenriquez
08-26-2010, 9:13 AM
even if it was sold to somebody and was not registered to somebody... he is still the registered owner.

wilit
08-26-2010, 9:18 AM
I love threads like these. The OP asks for advice and then totally ignores the responses because the answers produced are not what he wanted to hear.

By not telling them you sold the gun years ago, you are seriously treading on thin legal ice.

kemasa
08-26-2010, 9:19 AM
The original topic was when there was no requirement that the firearm be "registered" when sold. The CA state information is NOT who legally owns the firearm, just the last recorded information through a dealer.

To claim, either by stating it or by not disclosing that the firearm was sold, is basically fraud since if you sold the firearm, you are no longer the legal owner. All claims to justify getting something which do you not legally own are just an excuse to do something wrong.

bollero
08-26-2010, 11:14 AM
What kind of gun is it?

ragenmoan
08-26-2010, 12:15 PM
I believe the majority of legal firearm owners are honest. Kudos to "kemasa" and "tenpercentfirearms" for being a people of integrity. As for "lumpy8"...meh. What goes around, comes around...!

AirtechJr
08-26-2010, 8:07 PM
In the trial, if the rightful owner is identified, Mr 8 will do what is honorable. Until then, I think he is doing the right thing. Things have a way of disappearing in property rooms. (certainly NOT in his town) My S&W 59 has still never been found.

kemasa
08-27-2010, 10:31 AM
Telling the truth is the right thing, such as that he sold the firearm. You have no idea of what is going to result from hiding the fact that he sold the firearm. Is he going to try to find the real owner or just going to keep the firearm for himself?

This is part of the problem in this country, people justify what they think is right if they get something out of it. Ethics and honesty are optional.

TRICKSTER
08-27-2010, 11:40 AM
In the trial, if the rightful owner is identified, Mr 8 will do what is honorable. Until then, I think he is doing the right thing. Things have a way of disappearing in property rooms. (certainly NOT in his town) My S&W 59 has still never been found.

Am I understanding this correctly? Because you think that someone that has access to the gun in the property room may be a dishonest, it justifies you being dishonest. Is that correct?:eek:

greybeard
08-27-2010, 12:19 PM
:lurk5:

spdtiger
08-27-2010, 2:28 PM
Same scenario with my lady friend 11 years ago. Police came to her house (in SM) asking her to pick up her gun that was found in the possesion of a guy in Oakland. My friend called me up to go with her to pick up the the gun at police station on the said date. Police ask for ID and couple of more question and we went home with her gun (9mm sig.). I took the gun to my house to clean it, because it was deep in some kind of solution for ID at the police station. Now the gun is mine after we did a transfer at Tabor engineering. :driving::innocent:

dude just be honest, tell the truth to LE

sniper5
08-27-2010, 2:55 PM
While there are negatives associated with registration, it is important to keep in mind that there are also positives as well. Like that phone call from the police: "Hey, this is Officer ******* from *******PD. We have some good news: That custom engraved Blazer you inherited from your grandfather you had stolen 2 years ago? We just busted a guy who stole it. He confessed, and it's been released from evidence. You can pick it up at ******** at the evidence room between 8 and 5. We thought you'd be happy to hear that, it looks real special."

kemasa
08-27-2010, 3:31 PM
There is no real registration. Current sales are tracked, but there are many older firearms which are not listed because there was and is no requirement to do so.

There should be a means of registering stolen firearms in a way that anyone could check to see if a firearm is stolen in order to recover firearms, but only be listed when you report it stolen.

AirtechJr
08-29-2010, 7:55 AM
No not at all.

I am merely stating through my experience of the 59 that was stolen from me, was seized, logged into property, and no attempts were made to contact me. When the "Mistake" was uncovered, it was "No longer there" This particular agency was currently using the 59 as their duty weapon. Since I had many LE friends in that department, I dropped it.

When the details are uncovered in this case, he will be able to obtain names and see if the person who was caught with a gun, (a crime, no CCW), has an informal chain of custody statement back to who purchased the gun from Lumpy8. He will then return the gun, and have a good story to tell.

It is my understanding that the defendant is not being charged with stolen property, just the weapons violation.
Any attorney worth his shingle will want to disclose the procurement of the weapon if it was done so legally. This would most certainly help his client.

I hope the rightful owner does come to light, as I still get a sick feeling about my 59.

I don't think it would take a high dollar gumshoe to find the person he sold it to, the trial will provide a starting point.

TRICKSTER
08-29-2010, 5:43 PM
It's amazing how people can rationalize that it's OK to be dishonest. This is a very simple question of ethics. It is not OK to lie, it is not OK to claim something that is not yours.
So lets say that even if the persons intent is to return the gun to the legal owner if found. What happens if you can't find that person, do you surrender the gun back to the police or do you keep the gun that you obtained through deception. Kemasa is right, it's a question of ethics and honesty, something that seems to be lacking these days

G17GUY
08-29-2010, 7:49 PM
What if the owner comes and reports it stolen after the OP has taken posession? Can he be charged with posession of stolen property?

BlooDSMeaR
08-30-2010, 10:36 PM
If gun reg is any thing like autos, I sold my bike to a guy who went and killed himself on it. He never did the paper work. The cops called me and told me where it was at and to go pick it up, even after I told him I sold it. He said the paper work is in your name it's yours if you want to claim it. I just signed it over to the wrecking yard. I didn't want it on my concence.

Lumpy8
10-18-2010, 9:35 PM
Iím very troubled by people that donít know me personally call my honesty and integrity into question; you are wrong, very wrong. Iím very confident about my integrity, honesty and character. Judge me all you want, but please keep the verdict to yourself. You donít know the facts!

Once again we have keyboard commandos that would never confront a person face to face with the crap that they type. You have one advantage over meÖ.you can kiss my butt and I canít!

The right decision was made in this case. The disposition of the gun went to the rightful owner. Remember, you donít know the facts! There have been a lot of innuendos made in the above posts with much amusement. Remember, you donít know the facts!

You can make all the ASSumptions that you want, but remember, you don't know the facts!

jtmkinsd
10-19-2010, 12:19 AM
All I would say is in your own posts you said the police told you the individual stopped with the gun couldn't prove legal ownership, and you "didn't know if he would face charges for that". Wouldn't it bother you if he was the legal owner of the gun...and was charged with a gun crime, and you came forward to claim it even though you gave up legal ownership when you sold it?

Chances are even if you told them you sold it, they would tell you it doesn't matter...you're the owner of record. The ONLY possible harm that could come from being honest and up front here is you don't get a gun that really isn't yours anyway.

Just something to think about.

tenpercentfirearms
10-19-2010, 7:09 AM
Iím very troubled by people that donít know me personally call my honesty and integrity into question; you are wrong, very wrong. Iím very confident about my integrity, honesty and character. Judge me all you want, but please keep the verdict to yourself. You donít know the facts!

Once again we have keyboard commandos that would never confront a person face to face with the crap that they type. You have one advantage over meÖ.you can kiss my butt and I canít!

The right decision was made in this case. The disposition of the gun went to the rightful owner. Remember, you donít know the facts! There have been a lot of innuendos made in the above posts with much amusement. Remember, you donít know the facts!

You can make all the ASSumptions that you want, but remember, you don't know the facts!

We know what you have posted. You stated you intended to take possession of a gun that you sold. You still haven't clarified what you did with the gun. Did you give it back to the person you sold it to or did you keep it? Did you contact the person you sold it to? Did you make an effort to return it to its lawful owner?

We explained that being last owner of record and the lawful owner are two different things.

If you went down and claimed a gun that did not currently belong to you and you kept it, you are the one making statements about your honesty and integrity. We are just observing.

So if we don't have all of the facts, then why not shed some light on the situation?

Table Rock Arms
10-19-2010, 9:16 AM
Iím very troubled by people that donít know me personally call my honesty and integrity into question; you are wrong, very wrong. Iím very confident about my integrity, honesty and character. Judge me all you want, but please keep the verdict to yourself. You donít know the facts!

Once again we have keyboard commandos that would never confront a person face to face with the crap that they type. You have one advantage over meÖ.you can kiss my butt and I canít!

The right decision was made in this case. The disposition of the gun went to the rightful owner. Remember, you donít know the facts! There have been a lot of innuendos made in the above posts with much amusement. Remember, you donít know the facts!

You can make all the ASSumptions that you want, but remember, you don't know the facts!

Since you are the guy who started this whole thing and your so honest, why don't you just give us the facts.

Mssr. Elegantť
10-19-2010, 9:48 PM
If you tell us a story that paints you in a bad light and deliberately leave out facts which would put your actions in the right context then don't be surprised when people question your integrity.

If some old guy walked up to me and said, "I met a 16 year old girl, then I had sex with her a bunch of times and now she is buried in a field." how am I supposed to know that he met her when they were both 16, married her when she was 25, had sex for the first time on their wedding night, and had her buried at a cemetery 50 years later when she died of cancer? If I only have his first statement then you can bet I'm going to judge him and not keep the verdict to myself.

tenpercentfirearms
10-20-2010, 6:56 AM
If you tell us a story that paints you in a bad light and deliberately leave out facts which would put your actions in the right context then don't be surprised when people question your integrity.

If some old guy walked up to me and said, "I met a 16 year old girl, then I had sex with her a bunch of times and now she is buried in a field." how am I supposed to know that he met her when they were both 16, married her when she was 25, had sex for the first time on their wedding night, and had her buried at a cemetery 50 years later when she died of cancer? If I only have his first statement then you can bet I'm going to judge him and not keep the verdict to myself.

That is a great analogy. I love it.

Laura
02-12-2011, 12:16 PM
I know this will never be seen but, I just gotta say it. Lumpy8, forget all these stone throwers - like they're not living in glass houses of their own. Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE CARRYING AN UNREGISTERED GUN? He could have let the government know he had it, but he didn't. And I would be willing to bet that he wasn't on the way to the range with the gun in a properly locked container in the trunk.

sawchain
02-12-2011, 12:47 PM
I know this will never be seen but, I just gotta say it. Lumpy8, forget all these stone throwers - like they're not living in glass houses of their own. Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE CARRYING AN UNREGISTERED GUN? He could have let the government know he had it, but he didn't. And I would be willing to bet that he wasn't on the way to the range with the gun in a properly locked container in the trunk.

Sigh. There is no requirement to register a gun.

tenpercentfirearms
02-12-2011, 10:40 PM
I know this will never be seen but, I just gotta say it. Lumpy8, forget all these stone throwers - like they're not living in glass houses of their own. Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE CARRYING AN UNREGISTERED GUN? He could have let the government know he had it, but he didn't. And I would be willing to bet that he wasn't on the way to the range with the gun in a properly locked container in the trunk.

Sorry Laura you get a fail. Handguns were not required to be registered back then. So even if that was the case, the person the OP sold it to had no requirement to register it and that answers the question of why the person was carrying (assuming they were indeed even carrying it) an unregistered gun.

Welcome to Calguns. Stick around and we will get you squared away so you don't blame law abiding citizens for exercising their natural and inalienable rights.

Mssr. Elegantť
02-13-2011, 4:18 AM
I know this will never be seen but, I just gotta say it. Lumpy8, forget all these stone throwers - like they're not living in glass houses of their own. Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE CARRYING AN UNREGISTERED GUN? He could have let the government know he had it, but he didn't. And I would be willing to bet that he wasn't on the way to the range with the gun in a properly locked container in the trunk.

Sorry, but that is no excuse for Lumpy8's theft. There's a house on the next block from me that is probably owned by meth dealers. That's doesn't mean I can go in and steal their stuff while they aren't home. Stealing from criminals is still stealing. If the guy with Lumpy8's old gun is a criminal and Lumpy8 has any info to help the cops put that criminal away then that is fine. But to withhold info about the earlier sale of the firearm is pretty slimy. Even more so if withholding that info can make the arrested guy look worse in the eyes of the court.

TRICKSTER
02-13-2011, 5:19 AM
I know this will never be seen but, I just gotta say it. Lumpy8, forget all these stone throwers - like they're not living in glass houses of their own. Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE CARRYING AN UNREGISTERED GUN? He could have let the government know he had it, but he didn't. And I would be willing to bet that he wasn't on the way to the range with the gun in a properly locked container in the trunk.

#1: There was no requirement to register your guns at the time. Even if there was do you understand the difference between registration and ownership?


#2: This thread was started 6 months ago, and the OP has had plenty of time to straighten it out and show he did the right thing. His supporters claimed that he would do the right thing. Wonder why he hasn't posted if he did the right thing.

#3: Are you really saying that it is OK to steal from someone that made a mistake? That's what we are talking about here. Taking something that doesn't belong to you is stealing no matter how you try to twist logic and claim it isn't. What if you sold a car to someone and then they sold it to someone else and no one ever got around to transferring and registering it with DMV. The driver gets arrested for drunk driving and the car gets impounded. You as the last listed registered and legal owner get a call from the PD telling you to come pick up your car. Do you really feel that you are entitled to it? Even IF the guy in trouble was the one you sold it to, he got arrested for his own decisions/mistakes. WHY WAS HE DRIVING DRUNK?

#4: I have never stolen or claimed property that wasn't mine and I bet that the majority of the posters here haven't either. So how can we be "stone throwers"?

lorddivid1
02-17-2011, 12:02 AM
I wouldn't get involved.

If you take back your gun that you sold...its theft..

On a moral ground

Rudolf the Red
02-21-2011, 3:41 PM
The OP kept a gun out of the scrap yard and people are crying foul. Everyone of you would do the same thing if the opportunity came along except you might not post about it.

If I had sold guns to strangers pre-1991 and those guys did not self-register or simply write down the serial number in case of theft, it's on them. I would happily march on down to the cop shop and pick up my gun again. WHAT ELSE IS THE OP SUPPOSED TO DO? LET IT GO TO SCRAP?

Maybe the guy the OP sold it to sold it to another guy in 1995 illegally in a Safeway parking lot accross the street from a gunshow. The OP just lost any connection to the first buyer. Then the Safeway buyer breaks up with his girlfriend and the gun's in her apartment. Then she pawns it. Not reported stolen, so Joe Blow buys it. Gun is stolen from Joe Blow now. He lost the serial number. It's not reported stolen again. This criminal owner now gets caught with it. The OP gets the call. Now is it ok for the guy to get a free, well-used, pistol? Sheesh.

kemasa
02-21-2011, 4:47 PM
The simple fact is that it is no longer his property and yet he is claiming that it is. That is theft and that is wrong. While some might do it, most would have the sense to not advertise it, nor advertise that is an acceptable way to behave.

Maybe by claiming it, the OP is making it worse for the person since they might also include charges of a stolen firearm, even think about that one?

tozan
02-21-2011, 5:03 PM
According to the OP he got his gun back by deception or fraud or what ever you might want to call it. I think a lot of us on this site would have done the honorable thing and admitted it was not our gun. You could bet he would deny ownership of it if they had come after him for a crime that had been committed and he was going to be charged...

His karma could be LEO finding out, then coming back and busting him for falsifying documents and he ends up losing all his guns because of it...

Or the real owner discovers it missing and reports it stolen and they come after him for stealing it...

Mr310
02-21-2011, 6:04 PM
Funny reading this when just last week I got an email from someone who found my wallet in a classroom and gave it back to me with all of the cash still in it. :)

Table Rock Arms
02-21-2011, 8:49 PM
The OP kept a gun out of the scrap yard and people are crying foul. Everyone of you would do the same thing if the opportunity came along except you might not post about it.

If I had sold guns to strangers pre-1991 and those guys did not self-register or simply write down the serial number in case of theft, it's on them. I would happily march on down to the cop shop and pick up my gun again. WHAT ELSE IS THE OP SUPPOSED TO DO? LET IT GO TO SCRAP?

Maybe the guy the OP sold it to sold it to another guy in 1995 illegally in a Safeway parking lot accross the street from a gunshow. The OP just lost any connection to the first buyer. Then the Safeway buyer breaks up with his girlfriend and the gun's in her apartment. Then she pawns it. Not reported stolen, so Joe Blow buys it. Gun is stolen from Joe Blow now. He lost the serial number. It's not reported stolen again. This criminal owner now gets caught with it. The OP gets the call. Now is it ok for the guy to get a free, well-used, pistol? Sheesh.

This is one of the strangest posts I have seen on Calguns. The only reasonable part of it is in all caps disguised as the only unreasonable part. The rest of it would be better worked out with a therapist.

TRICKSTER
02-21-2011, 10:35 PM
The OP kept a gun out of the scrap yard and people are crying foul. Everyone of you would do the same thing if the opportunity came along except you might not post about it.


Speak for yourself. The vast majority of people that I know would not do this because we are not thieves. This is stealing plain and simple, no matter how some unscrupulous people try to rationalize it.
Mark down one screen name that I will never do business with in the trader forums.

tenpercentfirearms
02-22-2011, 6:43 AM
The OP kept a gun out of the scrap yard and people are crying foul. Everyone of you would do the same thing if the opportunity came along except you might not post about it.

If I had sold guns to strangers pre-1991 and those guys did not self-register or simply write down the serial number in case of theft, it's on them. I would happily march on down to the cop shop and pick up my gun again. WHAT ELSE IS THE OP SUPPOSED TO DO? LET IT GO TO SCRAP?

Maybe the guy the OP sold it to sold it to another guy in 1995 illegally in a Safeway parking lot accross the street from a gunshow. The OP just lost any connection to the first buyer. Then the Safeway buyer breaks up with his girlfriend and the gun's in her apartment. Then she pawns it. Not reported stolen, so Joe Blow buys it. Gun is stolen from Joe Blow now. He lost the serial number. It's not reported stolen again. This criminal owner now gets caught with it. The OP gets the call. Now is it ok for the guy to get a free, well-used, pistol? Sheesh.


Sorry, theft is theft. Guns are not holy objects to be worshiped or revered. If one goes to the scrap yard, there are plenty more and more will be built.

The only and only reason I might take possession is to find the rightful owner and have it returned. If I couldn't do that or the rightful owner didn't want it, then I would donate it to the Taft Friends of NRA dinner and make some more money for the FNRA Foundation.

I certainly wouldn't keep it without telling anyone. Character still counts here.

kemasa
02-22-2011, 11:28 AM
The most important aspect is to ensure that the police are aware that it was sold. If they are ok with it, then it is reasonable for the person to pick it up. If not, then it is not acceptable. To hide this fact is unacceptable, possibly illegal in multiple ways.