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  #1  
Old 09-13-2011, 2:43 PM
Padavic Padavic is offline
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Default Possible stolen gun?/ failure to transfer

I was "friends" with a guy for about a year or so and we got along really well. I had a colt m4 22lr he was interested in so I traded it to him for camping gear and other equipment. When he brought the gear over, I let him take the gun to "check it out" on condition that we transfer it at the end of the week-no problem....

Out of nowhere, his girlfriend leaves him,so he puts in a transfer at work and then his dad dies. He would see each other a couple of times a week- we were bros...or so I thought.

Now he has left town without transfering the gun and when I texted him today telling him he needed come into to town and return the gun or transfer it within thirty days he texted back with:

Lol. Feel free to come here whenever and get it. haha. I don't know when dude.

What do I do now????

I realize I made a mistake in letting the weapon leave my hands but I thought it wasn't a big deal at the time, now I am very worried-

What do I do now?

Do I report it stolen-I thought that I needed to-

Or is there another course of action?

What say you?
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  #2  
Old 09-13-2011, 2:48 PM
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halifax halifax is offline
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He doesn't realize (or care) that firearms are treated quite differently under the law than other property. Tell him you have no choice but to report the firearm you loaned him as stolen if for no other reason than to CYA.
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  #3  
Old 09-13-2011, 2:56 PM
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He texted you saying to come get it.

So, go get it.

Problem solved.

If you show up to get it (or if he's gone into hiding, won't give you his address) THEN you need to be frank and let him know "Hey, I'm trying to be decent because we've been friend and all, but I need the money, or the gun... because without either, it comes down to theft, and neither of us wants to go there (as in, could be felony charges) and would like to keep this all decent between us instead".

Just lay it on the line and see what response you get. If more BS, text back "Ok, sorry you feel that way, if we can't come to a better understanding in 48 hrs I have no choice to report the gun stolen and claim it on my insurance, and your name will be going on that police report. Sorry we couldn't work this out like the friends we used to be."

If you don't have insurance, he doesn't need to know that.

Last edited by bruss01; 09-13-2011 at 3:01 PM..
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  #4  
Old 09-13-2011, 2:57 PM
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Quote:
Originally Posted by bruss01 View Post
He texted you saying to come get it.

So, go get it.

Problem solved.
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  #5  
Old 09-13-2011, 2:57 PM
one*eyed*jack one*eyed*jack is offline
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How far did he move? I realize its his responsibility to get together to transfer it, but maybe its in your best interests to go get it if its close enough.
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  #6  
Old 09-13-2011, 3:01 PM
Padavic Padavic is offline
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Sorry! He left to Stockton and I am in L.A.- Thats about a third of the value of the gun in gas alone to go get it from him after asking him several times while he was here to get the transfer complete-
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Old 09-13-2011, 3:04 PM
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After thirty days from the day you lent it to him, it IS stolen.
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  #8  
Old 09-13-2011, 3:07 PM
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Given the situation, he's being an a-hole, but your best option is still to go get it. The gas money is the price of purchasing the good judgment to never do suchlike again.

Sorry your friend turned out to not be such a "friend". But there are lots of people like that in the world, he won't be the only one you come across.
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Old 09-13-2011, 3:10 PM
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Quote:
Originally Posted by Padavic View Post
Sorry! He left to Stockton and I am in L.A.- Thats about a third of the value of the gun in gas alone to go get it from him after asking him several times while he was here to get the transfer complete-
You're looking at this the wrong way. Instead of it being 1/3 of the value of the gun in gas. You should be looking at it as appx. 1% of the lawyers fees you will be facing for an illegal transfer/failure to transfer. At that price, gas is cheap!
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  #10  
Old 09-13-2011, 3:12 PM
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go get it or have it shipped back?
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  #11  
Old 09-13-2011, 3:33 PM
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ok -just texted him and i will drive the 5-6 hours each way to pick it up. I guess i'll give him a couple of hours to respond to my text.- If he doesn't respond to this offer tonight, then what?
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Old 09-13-2011, 3:41 PM
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Do not tell him when you are coming so he is not in town.
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Old 09-13-2011, 3:42 PM
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Quote:
Originally Posted by Padavic View Post
ok -just texted him and i will drive the 5-6 hours each way to pick it up. I guess i'll give him a couple of hours to respond to my text.- If he doesn't respond to this offer tonight, then what?
Call the police and report it stolen. You can't keep on giving slack on an issue such as this.
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  #14  
Old 09-13-2011, 4:11 PM
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You took his gear in trade and gave him the gun?
That isn't stolen. That's paid for.

Life happens.
Go get it if you think you have some right to it, or better still...go transfer it.

I wonder what is worse...having a 22 rifle in your name (maybe) but not in your possession or filing a false police report?

It's not like you register a rifle anyway. Really looks like a non issue but go get it transfered.
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  #15  
Old 09-13-2011, 4:16 PM
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Don't waste too much time or gas money on this dirtbag. Tell him you'll give him " X " number of days to return the rifle or you will report it stolen. PERIOD. Then stick to your demand. It's not your responsibility to go get it. It's HIS responsibility to return it to you. What a SCUMBAG! JMHO. c good
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  #16  
Old 09-13-2011, 4:34 PM
tyrist tyrist is online now
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First it is not stolen. It is on you to make sure the transfer is done through an FFL and in not doing so you have committed a crime.
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Old 09-13-2011, 4:56 PM
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I'd go get it in Stockton, but I think when you arrive he won't give it to you.

Tell him to meet you half way, and if he doesn't show call the police and let them know.

How would you feel if he used the gun in a hold up, killed someone, left the gun, and it's in your name?? It could happen, and does happen every day.

He's not a friend, he's a con, and like an earlier poster said, you will run into many folks like him, about 5 - 10% of the population ACTUALLY.

I wish you luck and don't delay.
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Old 09-13-2011, 5:04 PM
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While you no longer have possession, you legally own the firearm. So submit a NLIP http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf to show you no longer have possession of the firearm. This is only to show you do not have possession if something happens.
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  #19  
Old 09-13-2011, 5:52 PM
Derrick P. Derrick P. is offline
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Cant your "Friend" just print and fill out the Firearm Ownership Record Paperwork from there website and mail it to the DOJ with the $19 Bucks and check off the box aquired from a PP and call it a day?

If he doesnt "Owe" you anything i think thats all he needs to do but someone might correct me if i am wrong?
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Old 09-13-2011, 6:20 PM
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Bring the camping gear with you if you plan to get the rifle.
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  #21  
Old 09-13-2011, 8:24 PM
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Do not do this. It was discussed on another thread about this abuse of the volreg form and you might be the example case. Transfer of ownership in California (with exceptions) occurs only with the DROS process.

Quote:
Originally Posted by Derrick P. View Post
Cant your "Friend" just print and fill out the Firearm Ownership Record Paperwork from there website and mail it to the DOJ with the $19 Bucks and check off the box aquired from a PP and call it a day?

If he doesnt "Owe" you anything i think thats all he needs to do but someone might correct me if i am wrong?
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  #22  
Old 09-14-2011, 12:23 PM
Derrick P. Derrick P. is offline
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Being that you are not required to register "Long Guns" which that is why can't his Friend use that form for transferring?

Please let me know as I did this when my father and friend gifted me my 22 rifles a long tile ago!
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  #23  
Old 09-14-2011, 12:30 PM
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Quote:
Originally Posted by Derrick P. View Post
Being that you are not required to register "Long Guns" which that is why can't his Friend use that form for transferring?

Please let me know as I did this when my father and friend gifted me my 22 rifles a long tile ago!
Because with the exception of 50 year old long guns and true intrafamilial transfers of any gun, they have to be transferred through a FFL 01. That is what the law is. In your case, the transfer from your dad was legal, from the friend not, unless the rifle was really old.
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Old 09-14-2011, 2:21 PM
Derrick P. Derrick P. is offline
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Yes it was in 1990 when I went into the Corp.

Good info to know, thanks!
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