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Question regarding 'detained' firearm

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  • #16
    ponderosa
    Senior Member
    • May 2009
    • 1192

    Originally posted by retired
    Call your local agency and file a theft report.
    I would do this NOW. And give them the address, name and other info on the thief.

    Comment

    • #17
      Jonnyboy182
      Member
      • Nov 2009
      • 104

      Call the police now. If he uses the weapon in a crime-and its found-LEO's will be coming for you.
      It is also illegal (I believe) to hold someone elses property as "collateral" for a debt. I also guarentee that no one wants him to sell this gun-because the only way he could do this would be illegally. We really don't need another illegal gun on the streets.
      Also I believe the level of a felony theft is over $500 and the gun is worth more than that.

      Again I can't stress the importance of reporting this firearm as stolen, you need to cover yourself if he decides to do something stupid with it.

      Comment

      • #18
        winnre
        Calguns Addict
        • Apr 2010
        • 9214

        If it was his property you are on, and if he ever handled the gun before, it may go to embezzlement and not theft. I saw a stolen car go that way because the driver had had past permission to drive it.

        But regardless, I'd be all over the cops to get this taken care of. Then I'd sue the landlord and ruin his day.
        "If Jesus had a gun he would be alive today"-Homer Simpson

        Comment

        • #19
          socalblue
          Senior Member
          • Feb 2010
          • 811

          Does he have an HSC card? If not YOU could be liable for a crime by "loaning" your handgun to someone without an HSC (or exception).

          Secondly, your landlord is potentially in violation of any number of state & federal laws concerning unlawful transfer of a firearm should he attempt to sell or transfer.

          File a police report now. You are liable for anything that happens with that firearm until you do so.

          Comment

          • #20
            Mike's Custom
            Senior Member
            • Nov 2007
            • 872

            Originally posted by castelle
            He got possession of the weapon from its locked case while it was stored in my car in his garage and he had access to the keys (I was on a business trip) The whole thing pisses me off as I'm sure he will try to make life difficult and he has wayyy more money to throw at dragging this out than I do. He's also on some thin ice as hes not a US citizen (legal alien though) and has managed to spend 30 days in jail for his mulitple dui's.
            No court or anything needed here. Call the police and report it stollen and tell them who took it and how. This is theft pure and simple.
            Last edited by Mike's Custom; 05-28-2010, 1:53 PM.
            "Gun control is not about guns, it is about control"

            Mike's Custom Firearms 661-834-7836
            http://mikescustomfirearms.com/

            Comment

            • #21
              BigDogatPlay
              Calguns Addict
              • Jun 2007
              • 7362

              Originally posted by castelle
              I'm thinking of giving him one last chance to freely return the weapon to me then I'm reporting it stolen. I think if I understand the definition of theft its to temporariliy or permanently deprive someone of thier property and he's certainly guilty of that!
              Given the additional background, I agree with you here. Ask for it back one more time, don't tell him what will happen if he doesn't come across. If he doesn't give it up, drive down to the local PD or SO and make out a theft of firearm report with him named as the suspect.

              No more Mr. Nice Guy.

              If he disposed of it in some way, go after him in small claims as well.
              -- Rifle, Pistol, Shotgun

              Not a lawyer, just a former LEO proud to have served.

              Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

              Comment

              • #22
                CSDGuy
                Veteran Member
                • Mar 2007
                • 3763

                Felony Theft is >$400 or (in this case) a firearm is involved. Yes, theft of a $100 POS, likely as not to blow up in your hand pistol.... is a Felony.

                Comment

                • #23
                  ChuckBooty
                  Senior Member
                  • Dec 2007
                  • 1299

                  Not to beat a dead horse here, but you are in some serious trouble if he does commit some type of crime with this firearm. You need to report it stolen if for no other reason than just to cover YOURSELF in case he does something stupid(er).

                  If you value your 2A, you need to CYA ASAP. K?

                  Comment

                  • #24
                    77bawls
                    Senior Member
                    • Jan 2010
                    • 1457

                    I would have the police go with me to pick up the gun. I wouldn't even tell him about involving the cops. That will just encourage him to get rid of it.
                    Originally posted by Munk
                    If you have a metal box that has "Anthrax" written on the side, are you a terrorist? or just a fan of a great band?
                    "Those who would ban extended magazines, will say that although hundreds of thousands are in circulation and thousands more will surely be sold before a ban is enacted, it will be worth it if it saves just one life. But the other half of that question must be asked, too: Is it worth it if it costs just one life?" Stephen Hunter
                    sigpic

                    Comment

                    • #25
                      ArinX
                      Junior Member
                      • Dec 2009
                      • 57

                      like everyone else is saying, report it stolen to at least cover your *** incase he does something stupid with it.

                      Comment

                      • #26
                        choprzrul
                        Calguns Addict
                        • Oct 2009
                        • 6549

                        Waiting patiently to see what the outcome is with this story. Hoping OP updates us.

                        Comment

                        • #27
                          castelle
                          Junior Member
                          • May 2010
                          • 96

                          Standby for updates guys - he's moved house - taken the weapon with him but he is still in San Diego county.....this should all come to a head within the next few days.

                          For those of you that said file a police report....I have. Did it on Saturday. PD advised if I can find him they would recover the weapon from him and may file charges.

                          Standby for more....

                          By the way - thanks for all your responses....very much appreciated. This forum is awesome!

                          Comment

                          • #28
                            ArinX
                            Junior Member
                            • Dec 2009
                            • 57

                            nice, hope you get your weapon back

                            Comment

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