LEO: Question regarding a stolen rifle

[Kirchhoff]

Hey everybody, I have a question regarding a rifle that was stolen from me, but it's a rather complicated situation so ill keep it short.

I had a rifle that was given to me with a DROS date of 03/2014. I then left the state of CA that summer and moved here to NC where i still reside. the rifle was taken from me at the end of '17 and was sold to somebody back in CA.

My first question revolves around how it is possible for somebody to sign over a rifle that is currently registered to somebody else and it not raise a flag or two?

Second, The rifle is marked as stolen in the NCIC but due to the complexities of the case i am having trouble getting the police in the county where the theft technically happened to view this as something other than civil, although i believe I am making headway and in the case that I am(or am not and he tries to sell or transfer the rifle later on) what are the chances of me ever seeing my rifle again?

Thank you guys for any and all information you throw my way.

[CinnamonBear723]

Yea that sounds like a tough situation. I would say a lot of this rides on the situation specifically surrounding the "theft." I don't mean to doubt you at all, but sometimes proving it was a theft can be difficult when you have a he said/she said type argument.

Also depending on how the firearm was transferred, it might have been a face to face transfer and not done through an FFL given certain laws in different states. I am not at all familiar with NC firearms laws.

In the end, if the police or the district attorney are not comfortable with a criminal charge, you may unfortunately have to take it to small claims court in order to get your rifle back.

How do you know who has it now? Is the rifle still in NCIC as stolen? I'm not sure we can answer all your questions without knowing the whole story, which might not be possible given the limited amount on communication that takes place through an online forum.

[micro911]

i am having trouble getting the police in the county where the theft technically happened to view this as something other than civil,

I think you need to be clear on this, so it is a theft, not a civil dispute when you explain it to an officer.

[M1NM]

I had a rifle that was given to me with a DROS date of 03/2014. I then left the state of CA that summer and moved here to NC where i still reside. the rifle was taken from me at the end of '17 and was sold to somebody back in CA..

Is you theft report on file since the end of 17? Or did a friend of your's take your rifle or did you use it as collateral for a loan from a friend? If the latter I can see why the cops would call it a civil matter.
Flat out theft and the fact it is back in CA should be easy. Contact CA DOJ and send them a copy of the theft report. They should go kick the door and get your property back.

[CBR_rider]

No idea without actually knowing the full and "real" story; not to mention what can actually be proven. All I can say is "maybe."

Good luck!

[GizmoSD]

[Kirchhoff]

Cinnamonbear: the DA in the county I live in says it is a prosecutable case of felony larceny of a firearm but that he doesn't have jurisdiction. The rifle did go through an FFL. I don't know exactly who has it just that based on the amount of paperwork they said it looked like it went to CA. And considering it's a .510 DTC which only has value in California chances are they're right.

In regards to some of the other questions. The person who took it admitted to taking it, selling it and profiting from said sale. The rifle was reported stolen after it had already been DROS'd. The rifle was stored in a safe with a biometric fingerprint sensor and said sensor was broken so the gun was locked in the safe for somewhere to the tune of 3 years. I moved to an apartment on a second floor and could not take the 1000lbs safe with me so I had to store it elsewhere. When it came to be that the safe was no longer there I was not notified for 6 weeks.

[GizmoSD]

If you know where the rifle currently is, and/or where the shop is that handled the transaction in CA, have you reached out to the LE agency serving that area?

[38Special]

The rifle was reported stolen after it had already been DROS'd.

Then it being marked stolen in the NCIC didn't matter.

[tyrist]

Call the detective who is handling the case.

[RickD427]

Cinnamonbear: the DA in the county I live in says it is a prosecutable case of felony larceny of a firearm but that he doesn't have jurisdiction. The rifle did go through an FFL. I don't know exactly who has it just that based on the amount of paperwork they said it looked like it went to CA. And considering it's a .510 DTC which only has value in California chances are they're right.

In regards to some of the other questions. The person who took it admitted to taking it, selling it and profiting from said sale. The rifle was reported stolen after it had already been DROS'd. The rifle was stored in a safe with a biometric fingerprint sensor and said sensor was broken so the gun was locked in the safe for somewhere to the tune of 3 years. I moved to an apartment on a second floor and could not take the 1000lbs safe with me so I had to store it elsewhere. When it came to be that the safe was no longer there I was not notified for 6 weeks.

Is there a possibility that the safe (and it's contents) were seized as being abandoned, or for non-payment of rent (as often occurs with storage units)?

[CinnamonBear723]

Your DA should reach out to whatever local agency in CA and have them deal with it.

[Kirchhoff]

Should be happening now. Just met with the 3rd officer and he said it sounds like a crime he's going to have it sent to the detectives and they will call me.

Only question I have left that he could not answer is whether or not I will get it back as the person who bought it most likely thinks they bought it legally and with good intentions.