One of my guns is missing!

[mw9999]

First of all, God bless all you LEOs for your service to all of us citizens. I really mean that. I have a VERY serious subject to discuss, and I hope I can get some good advice here. I used to live in Los Angeles (I now live in another state). I have three legally purchased, legally registered weapons: A 12 gauge, a .45 revolver, and a .38 revolver. I am not a very active shooter; I practice with the .38 every 6-8 years, but I have not shot the .45 or the shotgun in about 15 years. The other week, I went to an outdoor range to brush up with all three, and found the .45 missing. Its case has not been touched by me (or anyone else) for at least 15 years. The last time the case was opened was when I lived in L.A. and showed it to my former fiancee. When I broke off our engagement, I took my few possessions out of my fiancee's house, including my three guns. When I got my stuff out, I did not check my guns because they had been locked up. As I said, I have practiced with the .38 twice, and I could feel that the 12 gauge was in its case, so I never suspected anything was missing. The other week, as I said, I opened the case to go to the range with all three weapons, and found the .45 revolver missing. Please understand: Other than me, NO ONE has had access to these guns over the last 15 years. I don't want to falsely accuse my ex-fiancee of theft, but there is NO other explanation for the .45 being gone. I have never been robbed or burgled, and never had anything stolen from my residence in my life. I know it has been a long time since the gun actually went missing, but I want it back. I also don't want a gun registered to me floating around out there. I need some LEO advice here, please! What are my options, who should I notify, how do I notify them, and what do you think I should do first? I have my ex-fiancee's name, but her number and address have almost certainly changed. I thank you in advance for your consideration, and, again, thank you for your service.

[sspen003]

I am not law enforcement but sorry to say this:

You should be more diligent about gun ownership. You should know where your guns are at all times, and if they are in the case or not.

Report it stolen asap

[PeterGenius]

Do you know where your kids are at? Then you should know where your guns are at. Report it stolen and make sure you have ALL of your legal documentation of everything.

[gdun]

definately a lesson learned here. If you think she took it, do everything and anything within reason to get it back.

[wildog8812]

Make sure you report it stolen you don't want your anything coming back on you.

[Fire in the Hole]

There are some free, and for charge, Personal Firearms Inventory web sites where you can insert your firearm's make, model, serial number, type, caliber, barrel length, finish, acessories such as scopes, lasers, and approximate value. Everytime you purchase or sell a firearm, make updates. Keep a couple of copies. Download one onto a flashstick.

[SVT-40]

You may have some difficulty in making a stolen report. Bear in mind the Alleged crime took place over 15 years ago in a different state from which you now live. I don't think a officer in another state will even take a report due to the length of time and jurisdictional problems.

In addition since you were the one who removed the firearms from her house. Her defense is you simply left it there. It will be impossible for you at this late date to overcome this obstacle alone.

My advice to you is contact the Calif Dept of Justice and ask them what you should do.


If you lived in California at the time of the "alleged" crime. The "statute of limitations" has long run out.

Below are the applicable Penal codes which govern prosecution of most "stale" crimes.

There are some exceptions to the below , however they involve sex crimes, crimes by public officials and some elder abuse cases Ect.

Basically you are out of luck. My only advice is to contact your EX, and ask her if she still has it. Don't accuse her of stealing it, as you can't prove a theft. She may have already sold it, and it may already be registered in another persons name.


Penal codes:

799. Prosecution for an offense punishable by death or by
imprisonment in the state prison for life or for life without the
possibility of parole, or for the embezzlement of public money, may
be commenced at any time.
This section shall apply in any case in which the defendant was a
minor at the time of the commission of the offense and the
prosecuting attorney could have petitioned the court for a fitness
hearing pursuant to Section 707 of the Welfare and Institutions Code.


800. Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be commenced within six years after commission of the
offense.


801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.

Grant theft of a firearm would fall under the 801 section.

489 P.C.. Grand theft is punishable as follows:
(a) When the grand theft involves the theft of a firearm, by
imprisonment in the state prison for 16 months, 2, or 3 years.
(b) In all other cases, by imprisonment in a county jail not
exceeding one year or in the state prison.


Sorry.

[CAL.BAR]

Well, we have to give the guy a break, after all, if the US military can "lose" guns and multiple police departments can lose guns and a certain SD police chief can lose his service weapon twice, we can give one of our own a small break, right?

[SVT-40]

It's not a question of giving this gentleman a break, or judging him. It's just the situation he's in. I feel sorry for his situation, but he has no real recourse.

Unfortunately 15 years later is to long.

[Fire in the Hole]

It's not a question of giving this gentleman a break, or judging him. It's just the situation he's in. I feel sorry for his situation, but he has no real recourse.

Unfortunately 15 years later is to long.

+1. It's ancient history now. Might as well take a report on the missing Dead Sea Scrolls. Learn from the past, to improve the present.

[Gryff]

Have you called the ex-fiancee and asked nicely? Explain that if she doesn't have it, you are going to have report it stolen to the police (including the details of when you last saw it).

[Steve G]

how do you not know where all your guns are at ALL times? Darwin award?>

[SVT-40]

Have you called the ex-fiancee and asked nicely? Explain that if she doesn't have it, you are going to have report it stolen to the police (including the details of when you last saw it).

He can't report it stolen now, It's been to long. It's been out of his possession for at least 15 years. Just a lesson learned.

Besides it's probably legally changed hands a few times since then. The "new" owner is the real owner. If in fact it's been sold at all.

I don't remember when the DROS system was last updated, but I would be surprised if it would still show a DROS to him do to the length of time since the original purchase. Old DROS do roll off the system and some were lost during one of the many updates in the AFS.

[Gryff]

He can't report it stolen now, It's been to long. It's been out of his possession for at least 15 years. Just a lesson learned.

Besides it's probably legally changed hands a few times since then. The "new" owner is the real owner. If in fact it's been sold at all.

I don't remember when the DROS system was last updated, but I would be surprised if it would still show a DROS to him do to the length of time since the original purchase. Old DROS do roll off the system and some were lost during one of the many updates in the AFS.

He doesn't know when he lost possession of it, so you can't say for sure that it's been too long. And besides, if the ex-fiancee took it, she may not know about the statute of limitations and the gentle threat may serve as incentive to give the gun back should she have it. My point is that it can't hurt to try.

[tyrist]

Just report it missing not stolen. An Officer will also be able to find out if there is even a handgun registration for it under your information.