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Centerfire Rifles - Semiautomatic or Gas Operated Centerfire rifles, carbines and other gas operated rifles.

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  #1  
Old 03-09-2012, 2:18 PM
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Default Will a stolen gun get returned to owner, what if BG alters it?

Scenario...

A legal out of the box standard Mini-14 gets stolen and the theft is reported.

Bad guy gets arrested for non-gun related offense but the stolen gun is seized in a search of his home. The gun now has a pistol grip, folding stock, and a 30 round mag when found by police.

Bad guy is charged with various crimes including possession of AW and gun is now evidence of a crime.

Will they return the Mini 14 to the owner?

Will they have to take off the features? Will they even do that?
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  #2  
Old 03-09-2012, 2:30 PM
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good question

i'm sure if they deem it an assault weapon it will be ordered destroyed

it would be nice if they would offer to let you come down and revert it before turing it over but "the man" does not seem to be that acomodating
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Old 03-09-2012, 2:43 PM
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Yeah, I don't think you'll ever see it again.
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  #4  
Old 03-09-2012, 2:51 PM
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They will sell It to the mexican cartels to fill the budget gap
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Old 03-09-2012, 2:52 PM
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Originally Posted by 68Datsun510 View Post
They will sell It to the mexican cartels to fill the budget gap
Yup, I forgot that is their current policy.
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Old 03-09-2012, 2:55 PM
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of if they take it into nfa territory like say a sawed off shotgun

its a goner even if you bring down a 30 inch goose barrel
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Old 03-09-2012, 2:56 PM
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^Operation Fast and Furious in full effect.
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  #8  
Old 03-09-2012, 2:57 PM
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Really? Worried about this are you? Tells me you should have a larger gun safe
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Old 03-09-2012, 2:59 PM
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What if it was already in an AW configuration before it got stolen? How can u prove it?
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  #10  
Old 03-09-2012, 3:02 PM
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they would cut it up the reciever with a torch
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  #11  
Old 03-09-2012, 3:10 PM
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Quote:
Originally Posted by djandj View Post
Really? Worried about this are you? Tells me you should have a larger gun safe
This is a real case that happened in California. I was curious what would happen to the gun because that was not addressed in the information I had. The information only talked about what happened to the BG. I made assumptions about the gun being legal prior to being stolen because I don't know that to be the case. And I'm sure nobody but the BG or true owner know the answer to that.

So I thought, could the owner of the rifle get it back in this scenario? I guess the answer is NO

Last edited by The Tiger; 03-09-2012 at 3:12 PM..
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Old 03-09-2012, 3:13 PM
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Question

1. Did you file a insurance claim and receive a settlement from them for the firearm?

If yes then your insurance company now owns the gun. If you were paid for it and insured by Nationwide I know who will be getting your gun if and when it ever gets released by the police. As I worked there and my job was collecting recovered guns from police depts. all over the USA.

If you gun was used in a any crime and from what you say they found it on him in that manner. So I would believe they are going to charge him with those crimes. Your mini is sitting pretty in police ev. for a LONG time.

If you did get paid by your insurance company and do want it/are able to get it back you would also have to repay them what they paid you for it. Since they own it now.

I don't see it happening. Sorry man.
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Old 03-09-2012, 3:14 PM
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Quote:
Originally Posted by The Tiger View Post
This is a real case that happened in California. I was curious what would happen to the gun because that was not addressed in the information I had. The information only talked about what happened to the BG.

So I thought, could the owner of the rifle get it back in this scenario? I guess the answer is NO
If it was used in a crime, probably never is my guess. Even if you use your own gun in self defense and it is ruled justifiable homicide my understanding is that it will still be held as evidence and probably not ever returned to you.
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  #14  
Old 03-09-2012, 3:22 PM
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No, what will probably happen is that even if you try to get your property returned (even going to court) once the judge declares your gun a nuisance it will be destroyed. Here's some "fun" facts, that if you are serious about your almost nonexistent personal property rights, you can use in the hearing, that is if you can get the court to let you have a hearing. Most LE agencies don't destroy the whole gun, just the receiver & sometimes other parts with the serial numbers. They sell them as parts kits. Check out Gunbroker, most parts kits there come from LE agencies. Gunbroker has a whole section for just parts kits. Save a search for Mini-14 & you will likely see your the LE agency parts listed for auction. Of course that folding stock & 30 round mag will probably go home with an officer when the gun is taken apart. The profit from selling your personal property will go to the dept, not be returned to you. Welcome to the Police State, be sure you pay all your tax liabilities.

PM with for some tactics to try to get your gun back. I'm not going to post them up as Mods seem to delete posts with that kind of info.
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  #15  
Old 03-09-2012, 3:24 PM
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I'm pretty sure teh owned won't get it back.

I had a motorcycle stolen. When the cops found it, it went to a towing yard, where they were going to charge ME $X/day. The towing company had the AUDACITY to suggest that I just give them the pink slip. WTF, who is the thief?

My point being that the cops don't care if the original owner is F'ed by the theft, their job is catching bad guys. Most likely people don't get anything back after a theft, but you know what? That's what insurance is for.

If your Mini-14 is stolen, file an insurance claim, get back 50% of the value (nevermind the DROS you paid) and that gun is not yours anymore. If it's recovered, who owns if it the insurance company paid you already? Better to destroy it since your name is attached to that serial number.

What happens if the crook shot some guy with the gun and they track it down later and it's in your name? You can explain the theft, but why bother with the hassle and scrutiny?
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  #16  
Old 03-09-2012, 3:34 PM
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Quote:
nevermind the DROS you paid
NOPE you can get it back. I work with claims and replace people property for a living. Replaced over 800 guns last year. I always bill and send a check to the shop to cover this fee. You paid it to get the gun the insurance company owes you for it when you get your new gun.

If your insurance company works with someone like me. Let them replace your gun or you will be paid what they (I) can get it for. (its in your policy) Being that I can get it at wholesale and I won't charge the ins. co. full retail and they pay off what I tell them it cost to replace the firearm (if you get a good adjuster to pay more and pay the retail then good for you but that doesn't always happen). My job is to save them money. Work with them and you will come out ahead. Going off my 11 years exp. here.

And no I don't sell guns to the public nor register guns. Sorry!
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  #17  
Old 03-09-2012, 4:03 PM
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To be clear.

NOT MY GUN! NOT ME

Last edited by The Tiger; 03-09-2012 at 4:07 PM..
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  #18  
Old 03-09-2012, 4:13 PM
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To Tiger,

Yes the victim should be able to get the rifle back. The agency will have to remove the "evil" features before doing so. If the rifle was taken as evidence via a search warrant it will take a court order to return it or for destruction. If it was an "on view" case then no court order is needed.

The victim had to have received some type of notification (letter, phone call, personal visit) indicating recovery. If it was just a call or visit have the victim ask for a letter indicating the recovery. Either way documentation is a must.

If the insurance company made payment have the victim contact the insurance company. Have the victim tell the insurance company he/she will return said funds if the insurance company can recover the rifle from the agency. The insurance company will know what to do.

If no insurance company is involved then have the victim ask for a letter indicating the recovery and the name of an investigator so the victim may assist in the prosecution of the suspect.

This will get the victim a contact name to send a registered letter stating he/she in fact wants the rifle back. The letter should also state the rifle was in a legal configuration when it was stolen and that the victim would be happy to testify against the suspect stating so. The letter should be cc'ed to the deputy district attorney handling the preliminary hearing. The name of the store and any records, receipts & etc from the store would help. Logic being if it wasn't legal the store would not have sold it.

I mention the letters for obvious documentation reasons. If the agency refuses to return the rifle the victim can present the documents to the agency & district attorney's office and will probably have a good chance of recovery. If it is destroyed then the victim will have a good chance of monetary recovery through a claim with the agency or small claims court.
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  #19  
Old 03-09-2012, 6:25 PM
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Quote:
Originally Posted by ClarenceBoddicker View Post
No, what will probably happen is that even if you try to get your property returned (even going to court) once the judge declares your gun a nuisance it will be destroyed. Here's some "fun" facts, that if you are serious about your almost nonexistent personal property rights, you can use in the hearing, that is if you can get the court to let you have a hearing. Most LE agencies don't destroy the whole gun, just the receiver & sometimes other parts with the serial numbers. They sell them as parts kits. Check out Gunbroker, most parts kits there come from LE agencies. Gunbroker has a whole section for just parts kits. Save a search for Mini-14 & you will likely see your the LE agency parts listed for auction. Of course that folding stock & 30 round mag will probably go home with an officer when the gun is taken apart. The profit from selling your personal property will go to the dept, not be returned to you. Welcome to the Police State, be sure you pay all your tax liabilities.

PM with for some tactics to try to get your gun back. I'm not going to post them up as Mods seem to delete posts with that kind of info.
The above is BS. Currently in California weapons seized by the vast majority of law enforcement which cannot be returned to their owners are shredded. Not parted out.

Please document your claim by showing any single
"parts kit" which is being sold by law enforcement on Gun Broker.
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  #20  
Old 03-09-2012, 7:18 PM
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@leadwaster
You are mostly right except for the part about the firearm being traced back, long guns dont have names attached!
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Old 03-09-2012, 7:29 PM
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@NorCalK9

In a way yes long guns don't have names attached. I have in the past many times have had the ATF tracking group call and ask for the name of the person or shop (FFL number) a firearm went to. When they recover a gun from a crime scene or raid. They can track it from the serial number. Mfg to dist. to shop to who reg. the gun and see if they reported it stolen or sold and to whom etc. As to why FFL's have to keep there dispostition books forever and if they go out of business hand them over to the ATF. But in this case I sure they won't go through that route. Handguns on the other hand are in a computer system. Where as long guns only stay on paper for 10 days (kinda except shops keep it for ATF and DOJ reviews).
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Old 03-09-2012, 7:50 PM
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Some years back, while moving I have 3 rifles stolen in Riverside County. I reported the theft and gave them a description and serial numbers. The BG was arrested about 3 weeks later in another theif and a lot of property was confiscated from his home and various storage facilities. I sent several letters asking about my guns and never got any information back. Never saw the guns again. Assumed they were not recovered, were destroyed or ???
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  #23  
Old 03-09-2012, 8:56 PM
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@supershockers
You are correct sir. My uncles guns were stolen many years back, most were highend collector pieces that were unfired, insurance cashed him out HUGE he ended up getting a couple pistols back 4 years after the theft, the rest were never heard from again.
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Old 03-10-2012, 9:10 AM
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Quote:
Originally Posted by SVT-40 View Post
The above is BS. Currently in California weapons seized by the vast majority of law enforcement which cannot be returned to their owners are shredded. Not parted out.

Please document your claim by showing any single
"parts kit" which is being sold by law enforcement on Gun Broker.
Well not too long ago I bought 2 "parts kits" from pistols (old non roster ones even) no less from Gunbroker, to build a few old frames I've got. They came from a northern Ca LE agency. I asked if they were from LE confiscated guns before I bid & was told they were. A retired LEO takes the guns apart & sells them for a percentage. The LE agency requires that parts with the SN be destroyed. He missed the SN on the slide of one gun, so I guess I'm in violation of that agency

Here's a few Ca weapons being parted out & sold. You can contact him & he will let you know that they are CA guns. His name is Ken. For anyone looking after the auctions get deleted from Gunbroker, the sellers ID is: City Guns. To see his current auctions, go to check user feedback & enter City Guns then click on current auctions.

http://www.gunbroker.com/Auction/Vie...Item=277110420

http://www.gunbroker.com/Auction/Vie...Item=277098669

http://www.gunbroker.com/Auction/Vie...Item=276992700

http://www.gunbroker.com/Auction/Vie...Item=276991001
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  #25  
Old 03-10-2012, 11:04 AM
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Back in the days of the great Pomona gun shows, there was always a guy there who had complete handguns less frames for sale.
Complete slide assemblies with barrels etc were $50-100.
Lower end parts kits around $25.

I asked the seller where he got them all and I just got a dirty look.
I am guessing these were the leftovers after weapons destructions.
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Old 03-10-2012, 11:04 AM
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It's good these kits are being recycled. As I said "The vast majority" do not re-sell any parts of pieces. Did he say which agency was selling him the Guns to part out?

Still it's not the agency selling these parts.

Now back years ago agencies did sell their confiscated firearms using auction companies. Today it's not "politically correct" which is a shame.
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