Any LEO willing to help check on a gun for me?

[splithoof]

Interesting. but would not change the current status of "abandoned property" If originally an illegal transfer to the Ex long ago. That is also covered by SOL. And WIFE doing a VOLREG, letting the DOJ know she has it. Would bring to light if it was reported stolen, and allowing person it was stolen from to recover it, if they choose.

[sfe187]

CDK3 - After reading your threads, it appears you're more interested on capitalizing this gun. I understand its like found free money of some sorts. However I would caution you not to do anything "work arounds" to capitalize in this situation. In free States you have more options but not in CA.

[pacrat]

I'm not worried about the former boyfriend reporting it as stolen but rather that he himself might have stolen it, which might be why he never had someone (friends or family) come back to retrieve it from my wife. He never made a transfer to my wife, she never even knew he had a gun. Although he had immigaration issues, it wasn't like he was a gang banger getting arrested or into a lot of trouble. I say he was shady because he did steal some money from my wife. He comes from a long line of filipino "con men", especially on women. He was here on a some type of visa for nurses and maybe even became a permanent resident. I don't how if in the early 90's he would have been able to buy a gun legally as a permanent resident. If not, he probably had someone like a friend or family member buy it for him...or more likely, because of his propensity to steal, probably stole it from a friend or family member. He never returned from the Philippines due to lack of status, but could have had friends and family that still live in the area come back for it. If it was me and the gun was legal, I would tell my brother or cousin that still lives in the area to go get it.

In further relation to the bolded in above quote.

Yes, permanent residents can legally purchase firearms, if they have a hunting license. Or even if his acquisition of the gun in question, was a "STRAW PURCHASE". That is a felony which has a SEVEN YEAR STATUTE OF LIMITATIONS. Which is also long ago mooted by the 2+ DECADES since his departure.

If it were stolen long ago and reported as such. You and your wife have invested $19. Toward someone getting their stolen property back. With no criminal liability attached for you or her.

Or a very nice pistol. To do with whatever you wish.

I see no downside either way.

[CDK3]

I suggest that SHE. Not YOU. File a VOLREG with DOJ. That so to speak "clears" the title of the pistol to her. And it only costs $19. I say this because, IMO, you discovering the abandoned property, and taking possession of it from her. COULD restart the 3 YEAR, SOL CLOCK.

Would it matter if it was me and not my wife that did the VOLREG? The ex-boyfriend never "gave" her the gun, thus she never had actual possession of it. She never knew about the gun and he merely abandoned it to her garage in 1995 whereby she and I BOTH (actually me) that found it a few months ago. She is not a gun person will not want to get involved.

[HKmongoose]

I think from both post your trying to sell it or keep it, this has zero to do with a ex it's about you wanting to keep it or make money from it. Because it's simple you can call the police and state you found it an who it belonged to it's that simple.

[pacrat]

I think from both post your trying to sell it or keep it, this has zero to do with a ex it's about you wanting to keep it or make money from it. Because it's simple you can call the police and state you found it an who it belonged to it's that simple.

Yes, it is just that simple. If the OP is stupid enough to donate another perfectly legal very nice firearm to the state for destruction.

At least read the damn thread before giving piss poor advice.

The original owner of the pistol was deported 25 yrs ago. At this time decades later. It belongs to the OP's wife.

[edgerly779]

^^ So what if deported. If handgun stolen then it is lost anyway. Take it aprt sell parts surrender or toss the receiver or cut in 2 pieces with chop saw. GET 300 PLUS BUCKS AND MOVE ON.

[003]

If you are serious about doing the right thing, put it in the trunk of your car unloaded, drive to your local police station, contact the front desk and tell them you have an unloaded gun in the trunk of your car and would like to check to see if it is stolen.

Keep in mind, if it is stolen wouldn't you like to see it returned to the rightful owner.

Follow their direction as far as retrieving it from the trunk.

When asked how you came into possession, tell the truth.

[Coolguy101]

CDK3 - After reading your threads, it appears you're more interested on capitalizing this gun. I understand its like found free money of some sorts. However I would caution you not to do anything "work arounds" to capitalize in this situation. In free States you have more options but not in CA.

^^^ This is the truth. The OP either wants to financially profit from the found gun, or keep it for himself. He is just trying to rationalize his desire to do so, and figure out how to do that without exposing himself to any liability.

[pacrat]

^^ So what if deported. If handgun stolen then it is lost anyway. Take it aprt sell parts surrender or toss the receiver or cut in 2 pieces with chop saw. GET 300 PLUS BUCKS AND MOVE ON.

NO it would not be LOST. If long ago BF stole it or acquired it as stolen property. The VOLREG by wife would assure that original owner finally got his gun back.

Keep in mind, if it is stolen wouldn't you like to see it returned to the rightful owner.

Follow their direction as far as retrieving it from the trunk.

When asked how you came into possession, tell the truth.

I agree with telling the truth. But do so on a VOLREG form. If it was reported stolen long ago. DOJ will contact wife and she would be required to turn it in. No need to involve LE and the stupid LEGR process. Which I will add, would require a VOLREG anyway, in order to get it back if it was not stolen long ago.

Why involve LE for no reason and turn a simple solution into a Cluster fudge?

^^^ This is the truth. The OP either wants to financially profit from the found gun, or keep it for himself. He is just trying to rationalize his desire to do so, and figure out how to do that without exposing himself to any liability.

Of course he is. You fail to add in your judgemental post. That he also wants to do so in a LEGAL MANNER. Since he already knows the EX who abandoned it 25 yrs ago will never come back for it.

He isn't looking to do anything illegal or nefarious. And a VOLREG by the wife is NOT A WORKAROUND as another suggested.

It is a LEGAL avenue provided by the LAW. There is absofreak'nlutely no need to involve LE. UNLESS the DOJ VOLREG determines it was stolen long ago. In which case the long ago original owner gets the opportunity to get his gun back.

OP, came here to CalGuns which everyone knows is monitored by DOJ and ATF. And asked on the LEO forum how to LEGALLY GO ABOUT A PROCESS.

And a bunch of judgemental bozos try to make him look like a crook of some kind.

[CDK3]

Thank you everyone for the responses and especially thank you pacrat for yours and also defending me. First, I'd indeed like to keep the gun if it's not stolen. Who wouldn't? The ex-boyfriend stole more money from my wife than what the gun is worth (even in today's value, whatever that amount is). Second, if the gun was stolen, even 25 years ago, I'd want to do the right thing and have it returned to its rightful owner. My concern is that LE won't return it but rather destroy it, namely because it is a 14 round pistol that the state doesn't like.

I like pacrat's idea but my wife won't participate and I can't say I blame her. My concern is that LE (or DOJ via VOLREG) won't believe the story and I don't want to expose her to the risk. There will ultimately be no proof of an ex-boyfriend other than some old paperwork that has already been thrown away. Even if I/she gave LE/DOJ the boyfriend's name and # and they contacted him in the Philippines he would never confess and surely lie like a cheap rug. Thus all we will be left with is a gun stolen 25 years ago and the fact of her or I possessing it now. Not much wiggle room there. I understand pacrat's scenario about the "abandonment" argument, which in actuality is the truth, however there will be no proof of abandonment and I fear she or I won't be protected by the statute of limitations that pacrat mentions.

I don't see any option other than what was suggested by other posters such as (a) selling it for parts or (b) surrendering it to one of those no questions asked buybacks, where unfortunately I know the gun will be destroyed.

[rcslotcar]

Remember the gun is a single shot when there is't a magazine in it!

[pacrat]

Thank you everyone for the responses and especially thank you pacrat for yours and also defending me. First, I'd indeed like to keep the gun if it's not stolen. Who wouldn't? The ex-boyfriend stole more money from my wife than what the gun is worth (even in today's value, whatever that amount is). Second, if the gun was stolen, even 25 years ago, I'd want to do the right thing and have it returned to its rightful owner. My concern is that LE won't return it but rather destroy it, namely because it is a 14 round pistol that the state doesn't like.

I like pacrat's idea but my wife won't participate and I can't say I blame her. My concern is that LE (or DOJ via VOLREG) won't believe the story and I don't want to expose her to the risk. There will ultimately be no proof of an ex-boyfriend other than some old paperwork that has already been thrown away. Even if I/she gave LE/DOJ the boyfriend's name and # and they contacted him in the Philippines he would never confess and surely lie like a cheap rug. Thus all we will be left with is a gun stolen 25 years ago and the fact of her or I possessing it now. Not much wiggle room there. I understand pacrat's scenario about the "abandonment" argument, which in actuality is the truth, however there will be no proof of abandonment and I fear she or I won't be protected by the statute of limitations that pacrat mentions.

I don't see any option other than what was suggested by other posters such as (a) selling it for parts or (b) surrendering it to one of those no questions asked buybacks, where unfortunately I know the gun will be destroyed.

WHAT A SHAME! Sadly, I fear you have been unduly influenced by nay saying posters that honestly don't know crap about what they are posting. We get a lot of that here on CG. Just like other internet forums.

The gun disappeared 25 yrs ago. Now it reappeared. The DOJ doesn't give a hoot about the boy friend, or where he is. VOLREG is a legal avenue to accomplish what you want to do. And will save a nice pistol from certain destruction.

And the "statute of limitations" is a TIME LIMIT. On how long a crime can be charged. It doesn't matter who believes what. IT IS WHAT IT IS. And that TIME LIMIT EXPIRED 22 YRS AGO!

When you file a VOLREG. They don't ever even contact the person filing. They never investigate whether their story has credence. They are just glad to know where it is, and who has it.

Unless it has been reported stolen. Then they simply ask you to turn it in. THE ACT OF FILING THE VOLREG. Already tells DOJ that you are doing the right thing. Which you have already assured you will do.

Round capacity has no bearing on legality of a pistol, or a rifle. That is a "magazine issue" not a gun issue. The BF disappeared 5 yrs before the magazine law went into affect in 2000. So it is "grandfathered", because your wife had it in her possession prior to 2000, and also perfectly legal to own/use.

rcslotcar said; Remember the gun is a single shot when there is't a magazine in it!

He is a retired LA Sheriffs Deputy. So he knows of what he speaks. Unlike many who have posted .

[003]

[QUOTE=pacrat;24904783]WHAT A SHAME! Sadly, I fear you have been unduly influenced by nay saying posters that honestly don't know crap about what they are posting. We get a lot of that here on CG. Just like other internet forums.

The gun disappeared 25 yrs ago. Now it reappeared. The DOJ doesn't give a hoot about the boy friend, or where he is. VOLREG is a legal avenue to accomplish what you want to do. And will save a nice pistol from certain destruction.

And the "statute of limitations" is a TIME LIMIT. On how long a crime can be charged. It doesn't matter who believes what. IT IS WHAT IT IS. And that TIME LIMIT EXPIRED 22 YRS AGO!

When you file a VOLREG. They don't ever even contact the person filing. They never investigate whether their story has credence. They are just glad to know where it is, and who has it.

Unless it has been reported stolen. Then they simply ask you to turn it in. THE ACT OF FILING THE VOLREG. Already tells DOJ that you are doing the right thing. Which you have already assured you will do.

Round capacity has no bearing on legality of a pistol, or a rifle. That is a "magazine issue" not a gun issue. The BF disappeared 5 yrs before the magazine law went into affect in 2000. So it is "grandfathered", because your wife had it in her possession prior to 2000, and also perfectly legal to own/use.


Don't disagree with much of what was said, while the statute of limitation on theft may have run, receiving stolen property is an ongoing crime.

California Penal code section 496.

"(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290."

No freebee on keeping someones stolen item.

[CDK3]

I agree it's a shame. What is worse is that I doubt the gun is stolen. Her ex-boyfriend had a decent job so he could afford one, and apparently (per a poster's response) permanent residents could buy guns in the early 1990s. Although he was a womanizer, (and he did steal from my wife, his girlfriend at the time), however, I don't see him as someone to steal something like a gun. Especially as something so easily traceable. Filipinos like and undertand guns.

I don't blame the "naysayers" here. It's more me and probably all the "CSI" and "Law & Order" episodes watched. Even the doubtful nature of it being stolen makes me leery of even doing what pacrat suggests (VOLREG) or 003 suggested (driving it to LE in the back of my car and asking if it is stolen.)

A few follow-up questions to pacrat--

When you file a VOLREG. They don't ever even contact the person filing. They never investigate whether their story has credence. They are just glad to know where it is, and who has it.

Unless it has been reported stolen. Then they simply ask you to turn it in. THE ACT OF FILING THE VOLREG. Already tells DOJ that you are doing the right thing. Which you have already assured you will do.

So how do they ask you to "turn it in"? Sounds like I will then end up in the scenario that 003 suggested--which was--

If you are serious about doing the right thing, put it in the trunk of your car unloaded, drive to your local police station, contact the front desk and tell them you have an unloaded gun in the trunk of your car and would like to check to see if it is stolen.

Keep in mind, if it is stolen wouldn't you like to see it returned to the rightful owner.

Follow their direction as far as retrieving it from the trunk.

When asked how you came into possession, tell the truth.

Follow-up questions regarding 003's suggestion: Would the police run the serial number or just strong-arm me into surrendering it? If they did run it and it came back not stolen would they let me leave with it? If it did come back stolen would they return it to the original owner or just destroy it. If it did come back stolen, what are the chances of me not winding up in handcuffs? (because of the 25 years and my explanation (which my wife would be willing to verify)

I completely agree with suggestions of not having to involve LE. What about having my attorney sending a letter to LE or DOJ basically relaying the true story about this gun and reappearing after 25 years and inquiring if it is stolen, and if so directions on how to surrender it. Hopefully without criminal jeopardy. I'm not even sure an attorney would want to do this.