My friend found a Ruger. What can we do?

[drdarrin@sbcglobal.net]

WRONG ANSWER! You are obviously not law enforcement, so why don't you stop posting in the LE forum when you don't have a clue.

This is "found property" and misappropriation of found property is legally considered theft under 485 PC. The theft of any firearm, regardless of the value, is considered Grand Theft, a felony.

The stupid move you suggested is encouraging someone to commit a felony.

The OP needs to turn it in to the local police, who will determine its status. If it is not stolen or determined to have been involved in criminal activity, the OP can file a claim to recover it.

Is it really worth risking your freedom over a rifle that can easily be picked up used for less than $200 all the time?

Quite right, I am not law enforcement. My apologies if I have given someone bad advice.

My response was based on my own personal experience in another state, some years ago. I did find a firearm. I did not know the law so I did what I thought was reasonable and proper.

I did my due diligence by taking it to local law enforcement and explained the circumstances surrounding it being in my possession. They ran the serial number and returned it to me immediately. That firearm, a shotgun, has been in my possession ever since.

Following this same, more verbose, advice I think would put the OP's friend in good standing with the law of this state as well. Would it not? Of course, the out come in his instance may be different or require more paperwork than mine did.

[Bunsen]

Congrats! I wish I was lucky enough to find guns

Me too!

[Tincon]

which give him or her knowledge of or means of inquiry as to the true owner, and who appropriates that property to his or her own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property, is guilty of theft in violation of Penal Code section 485.
In order to prove this crime, each of the following elements must be proved:
1 A person found lost property;
2 The circumstances of the finding gave the finder knowledge of or means of inquiry as to the true owner;
3 The finder failed to make reasonable and just efforts to find the owner and to restore the lost property; and
4 The finder appropriated the lost property to [his] [or] [her] own use, or to the use of another person not entitled to that use.

The OP is a little sketchy on the details of the attempts to contact the owner, whom we are assuming is the prior owner of the house, but elements 1, 2, and 4 are probably met if he keeps the rifle. While there is certainly no statute requiring it, the safest thing would seem to be following Ron-Solo's advice. Otherwise he risks a jury trial over the "reasonableness" of the attempts to find the owner.

[CBR_rider]

I agree with Ron Solo and Tincon... When the item has a serial number that is almost universally known to usually lead police to its rightful owner, I don't think you can claim due diligence and not turn it in. Besides, it probably won't come back to anyone/anything anyway and it can still be claimed!

[drdarrin@sbcglobal.net]

As of yet, there as been no due diligence. Trying to contact the previous owner of the house does not satisfy that requirement.

The police will attempt to locate the owner of the firearm via an ATF trace from the manufacturer to the dealer that last sold it. From there, the police will attempt to contact that person. When that runs in to a dead end, due diligence will have been satisfied, and the OP can file his claim.

The OP asked for the proper and legal method to take ownership of the rifle. That is it. Everything else falls short and subjects him to legal risks that could cost him his freedom, right to own guns, and lots more money than buying a new rifle would cost.

I can't believe how many members here would skirt the process and place themselves at risk like that. Some ethics are seriously lacking sometimes.

Some of the "advice" given here wouldn't even fly in "off topic" where misinformation is plentiful.

Last sold it? You mean first sold it, correct?

[CBR_rider]

ATF will attempt to trace it as far as they can, which can extend past the first owner.

[Ron-Solo]

Last sold it? You mean first sold it, correct?

They will start with the first dealer, and go as far as they can. Sometimes guns go thru multiple dealers, but they will want to end up at the last transaction if possible. We said the same thing in different ways.

[chillincody]

Thanks to everyone who chimed in, but it sounds like the best course of action is to take to our local police station as Ron-Solo suggested. Now we just have to find a cheap case for the thing so, that we dont scare anybody when we walk up.

DO NOT just walk in holding a gun or having it in a case CALL your local pds non emergency # tell them you found a gun they will tell you when to come down when you do go down to your pd DO NOT bring it in leave it locked in your trunk Go in talk to someone to notify you have gun to turn in a LEO will follow you out and get it out of your car

[G17Warrior]

*Final Update*
Again I was posting this for a friend and we were asking for LEO advice, which we got. Since the original post my friend took the riffle to his local PD. They took possesion and ran the serial number while he was there and said it wasn't reported stolen. According to them this sort of thing happens all time. They didn't mention anything about filing a claim but got all of his vitals and said they would be in touch.

[delta9]

It's really simple - Your friend's real estate agent can contact the home's former owner

[MaHoTex]

*Final Update*
Again I was posting this for a friend and we were asking for LEO advice, which we got. Since the original post my friend took the rifle to his local PD. They took possesion and ran the serial number while he was there and said it wasn't reported stolen. According to them this sort of thing happens all time. They didn't mention anything about filing a claim but got all of his vitals and said they would be in touch.

Non-LEO.

Curious, after the PD took the rifle, did they give it back to your friend to take home or is it still at the PD?

[dikroundtree]

This sounds like a classic case of Finders Keepers v. Losers Weepers

[jonc]

lol

[G17Warrior]

They kept it of course.

Non-LEO.

Curious, after the PD took the rifle, did they give it back to your friend to take home or is it still at the PD?

[SVT-40]

They kept it of course.

They have to keep it. The rifle does not belong to him. It's held as "found property" The police then try and locate the owner and try to return it. The "finder" can after a certain period of time apply to have it returned to him. Just like any other found property.

No different than if you found a wallet with money in it.