My friend found a Ruger. What can we do?

[Laythor]

and if the OP was talking bout a table or garden hose your point would be valid.

[BigJ]

Are we sure it was "found"? If the contract between he (the buyer) and the previous owner (the seller) says he's entitled to all property left behind in the home, then he didn't "find" it. He bought it. Which, I guess would mean an illegal transfer took place unless the gun is 50+ years or older, correct?

So, what does his contract say about property left behind?

[fredridge]

sorry, I don't know penal codes....based on your post I am guessing that the penal code posted is specifically about guns or weapons and not property in general.

if that is the case, then you are right, my point is not valid.

and if the OP was talking bout a table or garden hose your point would be valid.

[Superduper2013]

sorry, I don't know penal codes....based on your post I am guessing that the penal code posted is specifically about guns or weapons and not property in general.

if that is the case, then you are right, my point is not valid.

It is not specific to guns it is specific to lost property. It is PC 485 cited by Ron Solo

[G17Warrior]

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.

[ElDub1950]

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.

LOL yeah, walking into a police station carrying a rifle could make a very bad day

[tyrist]

sounds like he has already made reasonable attempts.

Not only that, did his friend by the house? Wouldn't he be the owner of any property found inside.

If they left a dining room table, is that theft?

What about a garden hose or tools?

Ya except for that really important one like running the serial number to see if it has been reported stolen/lost.

[Ron-Solo]

Good advice as to the thoroughness of the process. Having the SN checked would require him to take the gun to the locals.
That being said, 485 also specifically states, "finding lost property under circumstances which give him knowledge or means of inquiry as to the true owner...without first making reasonable and just efforts to find the owner and to restore the property..."
Hence the due diligence portion of drdarrins statement.
Sorry to offend you, I took a shorter version of the same advice you gave.

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.

[vintagearms]

Call the police department that covers that area and advise them you have a found firearm. They will give you a receipt and instructions on the procedures for claiming found property.

THIS. Ron, this thread has been reported so any non-LE here should be cleared out shortly.

[Ron-Solo]

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.

Leave it in the trunk of the car, unloaded of course, and contact the desk officer when you get there. They will come out to the car and make sure the rifle is safe. I did it many times over the years.

THIS. Ron, this thread has been reported so any non-LE here should be cleared out shortly.

Yep, it amazes me how many people come in and advocate the commission of a criminal act. I think stuff like tat should get a "time out" assigned to the offending party.

[BigJ]

Ron, can you take a look at my question? Sincerely curious as to the answer, although I 100% agree turning it in and filing a claim is the right call no matter what.

[Ron-Solo]

Ron, can you take a look at my question? Sincerely curious as to the answer, although I 100% agree turning it in and filing a claim is the right call no matter what.

Swapping one criminal act for another doesn't make it any better. Unless you could contact the owner and confirm that he intentionally left the firearm in the house, you would be hard pressed to convince anyone that it was just an illegal transfer rather than misappropriation of found property.

[BigJ]

No. It doesn't make it any better.

However, forgetting its a firearm for a minute, the PC you quote applies to found property in general. In the case where the contract specifies all left behind property transfers to the buyer, nothing is "found" and therefore there's no need to convince anyone of anything. Homes are sold this way all the time, especially these days with so many foreclosures. "As is", for example.

And if the gun is 50+ years old, then no crime was committed at all. The difference could be no crime vs (as you point out) a felony.

Again though I will say I personally would turn it in and file a claim with the PD if the gun was worth keeping. I guess I'm just asking if there's the possibility the PC you quote doesn't apply here.

[fredridge]

Yep, definitely a good idea.

just trying to understand myself and thinking specifically about the idea of him being the one who stole based on the PC that was posted.

I did not realized that reasonable was defined specifically as running a serial number

Ya except for that really important one like running the serial number to see if it has been reported stolen/lost.

[SVT-40]

Actually I believe there is a specific Penal code or B&P section relating to "finding" a firearm, and the duty to report it.

I just can't find it right now....