The only way a buyer can be held for receiving stolen property is if the DA can prove he/she knew or reasonably should have known the property in question was in fact stolen.
Could it be used against me if I were to ask the seller if it was stolen? I could see someone pointing out that if I asked the question then I must have suspected that it was stolen to begin with. Catch 22.
Michael
OK someone who will remain nameless told me this,
Thought it was good for a laught but you could get into serious trouble for it so dont try it..
Before you buy it get the serial number and call the police. report that it was stolen from you then turn in the guy that has it.....
You get the gun for free..........
Thought it was good for a laught but you could get into serious trouble for it so dont try it..
Before you buy it get the serial number and call the police. report that it was stolen from you then turn in the guy that has it.....
You get the gun for free..........
bad idea but kinda funny
Someone "active" could probably clarify this, but: basically, its another revenue generator. Seized weapons=Government subsidies for "crime control/intervention", and (when the buyer is a person with assets) some citations/fines. It rates right up there with the multi-million dollar camera systems that cannot be used to tag folks with unsecured loads causing road hazards, or to determine fault in traffic accidents, but certainly can be used to mail out $25+ tickets all day long. One model benefits the taxpayer, the other the City/State..gee.
I asked a friend of mine who owns a well known local gunshop a question along the lines of this thread.
Basically he said that stolen guns is a dont ask type of business. If you dont ask, then you dont know, if you dont know then you are blame free.
In reality, Im sure that a large percentage of guns on the open market are stolen, and you can get them through honest dealings. And if you call your guns in to check, all your doing is risking losing your gun. The guy who lost it doesnt get it back, it will be turned into fence posts by the insurance company who paid the claim and legally owns it. They wont sell it due to liability, so it gets recycled. And if the guy who lost it doesnt have insurance there is still no point, how hard would the police really look for the real owner? I bet they wouldnt even pick up the phone. They will just sell it in an evidence auction along with the others. So really, in the long view, whats the point of worrying about it. As long as you didnt steal it, or knowingly buy a stolen gun, you didnt do anything wrong and CANNOT be charged with wrong doing.
Now before you guys start tearing me up, Im not advocating buying stolen guns, Im saying dont call in the ones you already own. IF you think a guy is trying to sell stolen guns, by all means, call the cops. But dont call in your own stuff, cause all that will happen is you lose.
Basically he said that stolen guns is a dont ask type of business. If you dont ask, then you dont know, if you dont know then you are blame free.
In reality, Im sure that a large percentage of guns on the open market are stolen, and you can get them through honest dealings. And if you call your guns in to check, all your doing is risking losing your gun. The guy who lost it doesnt get it back, it will be turned into fence posts by the insurance company who paid the claim and legally owns it. They wont sell it due to liability, so it gets recycled. And if the guy who lost it doesnt have insurance there is still no point, how hard would the police really look for the real owner? I bet they wouldnt even pick up the phone. They will just sell it in an evidence auction along with the others. So really, in the long view, whats the point of worrying about it. As long as you didnt steal it, or knowingly buy a stolen gun, you didnt do anything wrong and CANNOT be charged with wrong doing.
Now before you guys start tearing me up, Im not advocating buying stolen guns, Im saying dont call in the ones you already own. IF you think a guy is trying to sell stolen guns, by all means, call the cops. But dont call in your own stuff, cause all that will happen is you lose.
If the purchaser can show that he acted in good faith he has some amount of protection against prosecution. It's hard to prosecute someone who can show they took steps to determine if a gun is stolen prior to purchase. Ask the seller if it's stolen, shows a good faith effort. If he replies yes it is, dont' buy the gun.
Is the gun priced appropriately for it's actual value? A $200 Kimber would be a problem. Ask the seller for identification and a bill of sale. (A bill of sale and I.D. is good for the seller as well in the event the weapon is ever used in a crime and the weapon traced). He should not have a problem if things are legit. If he balks don't buy the gun or if it just don't feel right walk away. As far as contacting the police in regard to an N.C.I.C. check, some departments and or officers will do it, some don't. Checking for stolen property has never been a career ending situation for any officer that I ever knew of. Understand if it's stolen they are obligated to seize it and you need to cooperate. From that point if you don't surrender the weapon you are knowingly in possession of stolen property and subject to prosecution. This is not an area to screw around in. You really have nothing to fear if you find that you honestly purchased a stolen gun in regard to prosecution. Police officers like to recover stolen guns and maybe someday get them back to their rightful owners. However, in all reality you will end up eating the money you spent unless someone is sucessfully prosecuted. The odds of this happening range from poor to slightly less than none. If there is a sucessful prosecution there is always the chance of victims restitution. Again don't hold your breath on either of these taking place.
Hope this helps.
Is the gun priced appropriately for it's actual value? A $200 Kimber would be a problem. Ask the seller for identification and a bill of sale. (A bill of sale and I.D. is good for the seller as well in the event the weapon is ever used in a crime and the weapon traced). He should not have a problem if things are legit. If he balks don't buy the gun or if it just don't feel right walk away. As far as contacting the police in regard to an N.C.I.C. check, some departments and or officers will do it, some don't. Checking for stolen property has never been a career ending situation for any officer that I ever knew of. Understand if it's stolen they are obligated to seize it and you need to cooperate. From that point if you don't surrender the weapon you are knowingly in possession of stolen property and subject to prosecution. This is not an area to screw around in. You really have nothing to fear if you find that you honestly purchased a stolen gun in regard to prosecution. Police officers like to recover stolen guns and maybe someday get them back to their rightful owners. However, in all reality you will end up eating the money you spent unless someone is sucessfully prosecuted. The odds of this happening range from poor to slightly less than none. If there is a sucessful prosecution there is always the chance of victims restitution. Again don't hold your breath on either of these taking place.Hope this helps.
how hard would the police really look for the real owner? I bet they wouldnt even pick up the phone. They will just sell it in an evidence auction along with the others.
The answer to your question is Pretty Damn Hard!!!!!! Keeping someones property when their identity is known is not a situation a department wants to find itself in criminally or civilly. Selling someones property when their identity is known is even worse. A stolen firearm is a big enough deal that they remain in NCIC until recovered. Once recovered the agency that entered it initially is notified. That starts the paper trail that will get you caught right there should you decide to keep it or sell it. I had one stolen that was recovered six years after the fact, still have it.
The answer to your question is Pretty Damn Hard!!!!!! Keeping someones property when their identity is known is not a situation a department wants to find itself in criminally or civilly. Selling someones property when their identity is known is even worse. A stolen firearm is a big enough deal that they remain in NCIC until recovered. Once recovered the agency that entered it initially is notified. That starts the paper trail that will get you caught right there should you decide to keep it or sell it. I had one stolen that was recovered six years after the fact, still have it.
While I agree there may be some exceptions, and if a firearms owner is easily identified it will most likely be returned, I would say that that is not the rule. I have been to a few evidence/recovered property auctions, you would be amazed at the quantity of guns in those things, even in small towns.
I recently found out what a pain in the a$$ it is to CYA. I called Edmond PD and asked them to check a serial number on a firearm. It was one I was selling, but I didn't want them to know I was in possession of it, so I told them it was one I wanted to purchase from a private owner. Of course the officer wanted me to come in with the firearm and the seller so they could verify, I asked what would happen if it did turn up stolen. Well it would be siezed, he said, and I said that the seller would be in possession of stolen property. I was nice about the whole deal, but bluntly told him that was the stupidest thing I'd ever heard. I'm not going to walk into a trap like that. He snikered and said yea, that's the way it is.
I called OCPD, OCSO and LCSO and both require the same. I finally called the Investigations number at the OCSO and the officer took my number, make and SN of the firearm and called with back within a few minutes with an AOK.
It really pisses me off that us good guys have to jump through hoops just to make sure we aren't in the wrong. It would be unbearable if there weren't the LEO types like forementioned investigator, that help cut through the BS and take care of the good guys.
I called OCPD, OCSO and LCSO and both require the same. I finally called the Investigations number at the OCSO and the officer took my number, make and SN of the firearm and called with back within a few minutes with an AOK.
It really pisses me off that us good guys have to jump through hoops just to make sure we aren't in the wrong. It would be unbearable if there weren't the LEO types like forementioned investigator, that help cut through the BS and take care of the good guys.
