Lost Handgun...

CHL discussions that do not fit into more specific topics

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VoiceofReason
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Re: Lost Handgun...

Postby VoiceofReason » Tue Aug 10, 2010 11:53 am

Kythas wrote:
dicion wrote:Heck, you can even record the phone call and store the recording in the safe XD


Not so sure I'd do that with all the people recording police stops being threatened with jail. They say the audio portion of the recordings violates federal wiretap law.

http://www.time.com/time/nation/article/0,8599,2008566,00.html

Time, along with main stream media, rarely gets something like this right.

U.S. Code TITLE 18 PART I CHAPTER 119

§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

IANAL but I have worked in communications for 35 years (15 with Bell) on both wire and RF communications.

I will do more research on this and post when I have time.

Cornell Law School has a great online library.

I will move the rest of my reply to this subject to “Off Topic” in order to not hijack this thread.
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flechero
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Re: Lost Handgun...

Postby flechero » Tue Aug 10, 2010 8:30 pm

Unfortunately i recently had to report a lost pistol... Took only a few minutes and if ever found it will be returned and according to the leo if ever used in a crime, reporting it lost now covered me.


The Wall
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Re: Lost Handgun...

Postby The Wall » Sun Sep 10, 2017 12:50 pm

I realize this is an old posting, but I was looking on information on lost guns. I've misplaced one. I've looked everywhere I may have put it and can't find it. The last time I saw it that I remember was in my house. I could swear I put it in my safe prior to evacuating because of Harvey. It's a pocket pistol I usually carry around when at home. When I evacuated I took a larger higher ammo capacity gun with me. I even called the hotel I stayed at for 4 days just in case I had a memory lapse and did take it with me. They said, no gun was found in my room and that the housekeepers and maintenance personnel are trained not to touch one if found and report it to front desk. They would notify the police. The person I talked to said they have a LTC and she would have been notified also. She was confident nothing was found in my room. So it's still a mystery. I'm contemplating reporting it as missing. I did find out the in Texas it's not required. Also it's not with the Feds. either unless you're an FFL. What are your thoughts on this? I think I'll feel better if I do report it.

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LimaCharlie3
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Re: Lost Handgun...

Postby LimaCharlie3 » Sun Sep 10, 2017 1:08 pm

I lost a revolver in a car crash 4 years ago. It was months before I woke up and discovered DPS only returned one pistol and not the other. I spoke with the trooper and he had a sheriff's deputy file an incident report on the missing gun with S# and description so I have covered myself if it turns up in a crime later. I'm certain a wrecker yard crew found it because of where it was hidden and the other items were still in that area, and I told the trooper that. I keep a copy of that report in case 15 years down the road I need an alibi or something.

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warnmar10
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Re: Lost Handgun...

Postby warnmar10 » Sun Sep 10, 2017 1:27 pm

VoiceofReason wrote:
Kythas wrote:
dicion wrote:Heck, you can even record the phone call and store the recording in the safe XD


Not so sure I'd do that with all the people recording police stops being threatened with jail. They say the audio portion of the recordings violates federal wiretap law.

http://www.time.com/time/nation/article/0,8599,2008566,00.html

Time, along with main stream media, rarely gets something like this right.

U.S. Code TITLE 18 PART I CHAPTER 119

§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

IANAL but I have worked in communications for 35 years (15 with Bell) on both wire and RF communications.

I will do more research on this and post when I have time.

Cornell Law School has a great online library.

I will move the rest of my reply to this subject to “Off Topic” in order to not hijack this thread.


http://photographyisnotacrime.com/2017/ ... amendment/

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E.Marquez
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Re: Lost Handgun...

Postby E.Marquez » Sun Sep 10, 2017 2:33 pm

Kythas wrote:
dicion wrote:Heck, you can even record the phone call and store the recording in the safe XD


Not so sure I'd do that with all the people recording police stops being threatened with jail. They say the audio portion of the recordings violates federal wiretap law.

http://www.time.com/time/nation/article/0,8599,2008566,00.html


Its weak on its face in any state, and invalid here in Texas where only one party in the conversation must be aware the conversation is being recorded.

Texas Penal Code § 16.02.
http://www.statutes.legis.state.tx.us/D ... /PE.16.htm
"a person who is a party to either a wire, oral, or electronic communication, or who has consent of one of the parties to record a wire, oral, or electronic communication, can legally record the content so long as the person is not doing so for the purpose of committing a crime or tortious act. Tex. Penal Code Ann. § 16.02 "
No words or opinions I post in this forum are intended to be offensive to any member here.

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warnmar10
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Re: Lost Handgun...

Postby warnmar10 » Sun Sep 10, 2017 2:57 pm

E.Marquez wrote:
Kythas wrote:
dicion wrote:Heck, you can even record the phone call and store the recording in the safe XD


Not so sure I'd do that with all the people recording police stops being threatened with jail. They say the audio portion of the recordings violates federal wiretap law.

http://www.time.com/time/nation/article/0,8599,2008566,00.html


Its weak on its face in any state, and invalid here in Texas where only one party in the conversation must be aware the conversation is being recorded.

Texas Penal Code § 16.02.
http://www.statutes.legis.state.tx.us/D ... /PE.16.htm
"a person who is a party to either a wire, oral, or electronic communication, or who has consent of one of the parties to record a wire, oral, or electronic communication, can legally record the content so long as the person is not doing so for the purpose of committing a crime or tortious act. Tex. Penal Code Ann. § 16.02 "
This case was decided by the 5th Circuit this year. So until the Supreme Court reverses the 5th on the matter you have the God given, constitutionally affirmed unalienable right to film on-duty police. (At least in Texas, Louisiana and Mississippi.)


flechero
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Location: Central Texas

Re: Lost Handgun...

Postby flechero » Sun Sep 10, 2017 4:11 pm

The Wall wrote:I realize this is an old posting, but I was looking on information on lost guns. I've misplaced one. I've looked everywhere I may have put it and can't find it. The last time I saw it that I remember was in my house. I could swear I put it in my safe prior to evacuating because of Harvey. It's a pocket pistol I usually carry around when at home. When I evacuated I took a larger higher ammo capacity gun with me. I even called the hotel I stayed at for 4 days just in case I had a memory lapse and did take it with me. They said, no gun was found in my room and that the housekeepers and maintenance personnel are trained not to touch one if found and report it to front desk. They would notify the police. The person I talked to said they have a LTC and she would have been notified also. She was confident nothing was found in my room. So it's still a mystery. I'm contemplating reporting it as missing. I did find out the in Texas it's not required. Also it's not with the Feds. either unless you're an FFL. What are your thoughts on this? I think I'll feel better if I do report it.


report it- it only takes a few minutes and if ever recovered you get it back... but more importantly if ever recovered and used in a crime, you won't be a suspect.

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Keith B
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Re: Lost Handgun...

Postby Keith B » Sun Sep 10, 2017 6:15 pm

Oldgringo wrote:On a brighter side, your lost item may be covered under your boat/homeowner's insurance less any deductible.


On a better note, NRA membership comes with a gun insurance up to $2500 with only a $100 deductible. All you have to do is activate it.

https://mynrainsurance.com/insurance-pr ... t-armscare
Keith
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Weg
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Re: Lost Handgun...

Postby Weg » Mon Sep 11, 2017 1:29 pm

fannypacker wrote:If you bought the gun from an FFL dealer you completed a so called "Yellow Sheet". He is required to keep it on file until he retires and then all sheets must be sent to ATF. If you bought from a private seller no one knows you have it. 50 years from now that rusty gun may show up in the gulf. Don't worry about and sorry about your bad luck.


4473 form retention period is 20 years, after that an FFL can destroy them.

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OldCurlyWolf
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Re: Lost Handgun...

Postby OldCurlyWolf » Tue Sep 12, 2017 4:23 pm

Kythas wrote:
dicion wrote:Heck, you can even record the phone call and store the recording in the safe XD


Not so sure I'd do that with all the people recording police stops being threatened with jail. They say the audio portion of the recordings violates federal wiretap law.

http://www.time.com/time/nation/article/0,8599,2008566,00.html


Since ALL calls by the public to any LE office are automatically recorded( listen for the Beep every few seconds) NO wiretap laws are violated by the other party(s) involved making their own recording.

Now recording without the other person's knowledge over a phone is generally illegal without a warrant.

Do you actually believe anything reported by Time? "rlol" "rlol" "rlol"
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