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WHAT HAPPENS IF U BUY A STOLEN GUN?

Discussion in 'Shooting Related Threads' started by senior smoke, Feb 27, 2011.

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  1. senior smoke

    senior smoke Well-Known Member

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    Hello:
    I just read a thread on here about someone that had their gun stolen. What happens should someone have a gun for sale at a shoot, you decide to purchase it, fill out paper work, than find out that the gun was stolen?

    What if the guy who sold you the gun did purchase it from the person who originally stole the gun, and even he did not know the gun was stolen?

    Are both parties out the money? Does the gun go back to the original owner? Can anything happen to you if you purchased the gun in good faith and did not know the gun was stolen?

    When you record the list of stolen guns off this site and see that particular stolen gun, who should you call, the owner or the police?
    Steve Balistreri
     
  2. grntitan

    grntitan Well-Known Member

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    While you wouldn't be in trouble for buying something you did not know was stolen, you would be out gun and money. Happens all the time.

    Matt
     
  3. HSLDS

    HSLDS Well-Known Member

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    Steve,

    Depending on the circumstance you can even be charged with receiving stollen property (Matt, look at NJ).

    Typically you would at least be out the $$.

    I know a few gun shops that have bought guns that later were proved to have been stollen which they had sold to un-knowing customers. The really good shops eat the loss and reimburse the customer. These are the shops I visit.

    Check out the above web site - a place designed to help you to NOT do this - either privately or as a shop. I know the guy who started this - he had a gun shop and was burned a few times so he started this for just the reason you ask about.

    David D
     
  4. Old Cowboy

    Old Cowboy Active Member

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    Why aren't the cities that run these "gun buy-back, no questions asked" programs charged with receiving stolen property?
     
  5. Ross

    Ross Well-Known Member

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    HSLDS--Tried 3 times to access that site, am I doing something wrong?? I clicked on the blue highlighted website & it comes back that it can't be found..Thanks in advance---Ross Puls
     
  6. Hammer1

    Hammer1 Active Member

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    .

    Know of someone that bought a gun sometime ago from a reputable gun store which has been in business at the same location for over thirty years.

    All proper paperwork and authorizations were done.

    Several years after the purchase, the gun came up on a stolen gun list.

    The local purchaser still had the gun.

    He returned it to the store and the store turned it over to the legal authorities.

    The situation is still in limbo over two years later without the legal authorities having decided for sure if the gun is in fact stolen.

    The gun buyer is out money and a gun.

    The dealer is not happy.

    There is no idea about how long it will be before a conclusion is reached.

    .
     
  7. Hammer1

    Hammer1 Active Member

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    .

    Know of another situation where an individual had his home burglarized and guns stolen.

    The home owner coming home from church walked in on the burglary.

    The burglars jumped in their truck and were caught about a mile down the road by law enforcement. Neighbors had noticed the burglary in process prior to the home owner returning and had already called police.

    All the guns were still in the truck and there were lots of witnesses at the scene of where the burglars' truck was stopped.

    All the guns were recovered at the scene and accounted for.

    The rightful gun owner was told that the stolen guns had to be kept for evidence in a trial.

    Several years have passed (over twenty).

    The burglars were released the same day as the robbery and have never been brought to trial for that burglary, but they have been arrested for burglary and robbery more than once since.

    The guns are still being held for evidence by legal authorities who say they cannot release them back to the original rightful owner until the burglary case is closed by trial or court order.

    Except for the stolen guns which the original rightful owner has since bought back through legal means in local gun stores over the years (yes, serial numbers match).

    .
     
  8. JIM SIMS

    JIM SIMS Member

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    As a side note,neither the state or feds check s/#' of transferred long guns
    against the stolen data base when a transfer is done,in The
    Peoples Republic of Ca.
    Jim
     
  9. cubancigar2000

    cubancigar2000 Well-Known Member

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    Steve, Womever is in possesion will lose the gun and money. I used to buy cars for a living and purchased a vehicle at an auction in Texas. The FBI came on to my lot and took it. I was out the money but fortunately the auction had insurance and reimbursed me - it took 6 months and I was out the money it cost me to recondition and ship it.
     
  10. senior smoke

    senior smoke Well-Known Member

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    After reading what each of you wrote it seems I better know who the heck I purchase a gun from. How many times over the years I have seen a gun for sale at a club and have no idea who the guy is? I have never been burned at a gun show, but I always had to fill out paperwork and in recent years they call it in.

    Jim Sims:
    "As a side note,neither the state or feds check s/#' of transferred long guns against the stolen data base when a transfer is done, in The Peoples Republic of Ca". Jim, I believe what you are saying, but it makes no sense to me?? Steve
     
  11. Brian in Oregon

    Brian in Oregon Well-Known Member

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    One city here, Tigard, has a nasty habit of putting customers in handcuffs until they determine if the gun is stolen or not when they have to come out to a gunshop. If the gun is stolen, you're going to jail, charged with possessing stolen property.

    Most other localities here simply take the gun into custody, and if you have a plausible story, they simply file a report for the DA to look at.

    Most of the stolen guns that are tripped up when taken to a gun shop have come from gun shows.
     
  12. Beni

    Beni Member

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    About 5 years ago I won a mossburg .22 Rifle from a Storefront Dealer on gun broker,turns out the gun was stolen. I live in NY dealer was in Conn. Conn. troopers were in contact with me and my FFL dealer as was the gun dealer. We were informed to not open box and ship directly back to gun dealer. Had we opened the box we were told we accepted stolen property. The gun dealer had no idea it was stolen either,to his credit I got all my money back plus shipping. Beni
     
  13. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    I'll betcha Gene will jump in on this one. I'm sure he'll cite the rule of "Purchaser for Value"!!
     
  14. Auctioneer

    Auctioneer Well-Known Member

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    I know a guy who had a stolen gun and he was charged with having a stolen gun. He got off but lost his money for the gun.

    My father bought a gun from a well know person who was as honest as they come. About 2 weeks after my father bought it he called and made small talk and then asked if he could buy the gun back. As it turned out he puts all his guns that he buys through the police dept to check to see if they are stolen. This one was. A kid broke in to a home and stole the gun then gave it to his father as a birthday gift. He sold the gun ten years later to out friend then to my father. He just traded my father another gun and the father who sold him the gun refunded his money. The kid wasn't so lucky.

    Today it depends on the officer on what happens to you.
     
  15. HSLDS

    HSLDS Well-Known Member

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    Ross,

    Here is the site- try copying and pasting in your web browser...

    https://www.firearmsfax.com/


    If that doesn't work do a Google search for "FireArmsFax"

    David D
     
  16. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    Reminds me of the time I bought a K-80 combo out of Gun List. Price was right and upon delivery I smelled trouble. I happened to know that Nora Martin had her K-80 stolen and the serial # was in Trap & Field. Having recognized the serial # immediately and the fact that her name was enscribed on the barrel made identification easy.

    I called the sender and informed him of the problem and his response was "no way it was stolen" as he purchased it from JC Snead the professional golfer. When confronted with the evidence he asked I return it for a full refund-which I did. My attorney informed me of the law known as "purchaser for value". This eliminates criminal responsibility for the purchaser as the market value of my purchase approximated the real value.

    Now let's not discuss tha ATF audit I was forced to undergo shortly after. I will add the gun was stolen by baggage handlers at Houston airport and went through at least a dozen hands before I aquired it!!
     
  17. grntitan

    grntitan Well-Known Member

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    "purchaser for value"


    "This eliminates criminal responsibility for the purchaser as the market value of my purchase approximated the real value."

    Can this be put in or explained in laymans terms? I'm confused as to what it means.

    Matt
     
  18. Old Cowboy

    Old Cowboy Active Member

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    Dunno' but FWIW, I would assume "purchaser for value" must mean that since you purchased the gun for it's approximate real value that's evidence that you assumed it was a legitimate deal. If OTOH you had paid what was considerably less than it's real value you should've been suspicious of it's legal status?
     
  19. oleolliedawg

    oleolliedawg Banned User Banned TS Supporters

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    old cowboy nailed it!!
     
  20. grntitan

    grntitan Well-Known Member

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    That makes sense.

    Matt
     
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