Is it stolen?

Smokewagon · Post by **Smokewagon** » Wed Apr 04, 2007 4:57 pm

The poll posted by apowell got me to wonderin'. I have traded and purchased used firearms in gun shops. Just the usual paper work. But how does the shop know if the guns I am buying that were traded in are not stolen? Or that the one I am trading isn't stolen? I've never seen them do anything different than if I'm buying a brand new firearm.

Maybe some of you FFL holders or shop owners can answer this one.

txinvestigator · Post by **txinvestigator** » Wed Apr 04, 2007 5:42 pm

Smokewagon wrote:The poll posted by apowell got me to wonderin'. I have traded and purchased used firearms in gun shops. Just the usual paper work. But how does the shop know if the guns I am buying that were traded in are not stolen? Or that the one I am trading isn't stolen? I've never seen them do anything different than if I'm buying a brand new firearm.

Maybe some of you FFL holders or shop owners can answer this one.

They don't know.

apowell · Post by **apowell** » Wed Apr 04, 2007 5:46 pm

Correct, we don't know.

I think it would be nice to have a database of stolen firearms, or anything that is serial numbered, that was publicly accessible, but there isn't.

Adon

Smokewagon · Post by **Smokewagon** » Wed Apr 04, 2007 6:49 pm

So you buy that got to have used firearm, decide to make it your carry gun, and run a little over the speed limit. You show the officer after your pulled over, your CHL , he decides to take the firearm and run a check on it. I don't like it but I have heard of this happening.

..........Man do you have a problem!

This is a scary thought.

Thane · Post by **Thane** » Wed Apr 04, 2007 8:47 pm

If you bought that firearm in good faith, then you -should- be clear.

My gut hunch would be to express dismay at the fact that it was stolen merchandise, then inquire of the officer what the proper way to return that merchandise would be - IE, does he take the gun down to the station, so that the owner can be notified and the gun returned? Would the officer prefer to take down your contact information so the rightful owner can contact you? I'd be as helpful as I could - were I the one whose gun was stolen, I'd appreciate such courtesy, and I couldn't in good conscience not give the courtesy I'd want to receive.

Also let the officer know where and from whom you purchased that firearm. That information would be potentially useful in finding the thief.

Yeah, in such a situation, you may well end up losing out on the money you spent in good faith. But I'd think it'd be worth it. Possessions are temporary and relatively easy to replace. Reputations and consciences are much harder to repair.

CHL/LEO · Post by **CHL/LEO** » Wed Apr 04, 2007 9:16 pm

what the proper way to return that merchandise would be

The officer would take care of that for you. It would go in the property room and the person reporting it stolen would be contacted. You unfortunately would be out the gun and related money spent on it.

By the way, I've never heard of any officer in our department or any officer that I know checking a gun from a CHL holder.

dpatterson · Post by **dpatterson** » Wed Apr 04, 2007 9:22 pm

Pawn Shops will usually call them in to see if they are stolen... Doubt the Gun Shops do that...

Couple pawns found my a couple of my dads guns this summer by calling them in.

DP

Smokewagon · Post by **Smokewagon** » Thu Apr 05, 2007 7:53 am

I wouldn't be concerned about the money at all. It's the possible trip to jail for having the stolen merchandise in my possession.

txinvestigator · Post by **txinvestigator** » Thu Apr 05, 2007 8:40 am

Smokewagon wrote:I wouldn't be concerned about the money at all. It's the possible trip to jail for having the stolen merchandise in my possession.

Texas does not have a "possession of stolen property" charge.

You can be charged with theft if you appropriate property knowing it was stolen.

BadCo45ACP · Post by **BadCo45ACP** » Sat Apr 14, 2007 12:41 am

Smokewagon wrote:So you buy that got to have used firearm, decide to make it your carry gun, and run a little over the speed limit. You show the officer after your pulled over, your CHL , he decides to take the firearm and run a check on it. I don't like it but I have heard of this happening.

..........Man do you have a problem!

This is a scary thought.

Does the officer have the right to "take the firearm and run a check on it" ?

Liberty · Post by **Liberty** » Sat Apr 14, 2007 7:08 am

BadCo45ACP wrote:
Smokewagon wrote:So you buy that got to have used firearm, decide to make it your carry gun, and run a little over the speed limit. You show the officer after your pulled over, your CHL , he decides to take the firearm and run a check on it. I don't like it but I have heard of this happening.

..........Man do you have a problem!

This is a scary thought.
Does the officer have the right to "take the firearm and run a check on it" ?

Basically he has a right to disarm a CHL holder if he believes it will be safer for him to do so. Once he takes temporary possesion there is no reason he can't run any checks on it as long as he gives back any legally owned property.

Venus Pax · Post by **Venus Pax** » Sat Apr 14, 2007 9:00 am

Keep receipts. It's your proof that you paid, likely with the belief that the weapon purchased would be yours.

srothstein · Post by **srothstein** » Sat Apr 14, 2007 9:00 pm

txinvestigator wrote:Texas does not have a "possession of stolen property" charge.

You can be charged with theft if you appropriate property knowing it was stolen.

Just to clarify this a little, TXI means that you would be charged with theft if you are in possession of stolen property, knowing it is stolen property. This is without regard to who really stole it. In this case, the "appropriation" includes any way that it came into your possession.

In other words, if you buy or are given stolen property and know it was stolen, you are guilty of theft. If you buy stolen property but did not know it was stolen, you are not guilty of a crime.

ForbidInjustice · Post by **ForbidInjustice** » Tue Apr 17, 2007 6:33 pm

Some states have a "Stolen Gun" website in which you can search the database to find out if your gun's serial number is on it. Unfortunately, I have yet to locate one for Texas. Normally the pawn shops run those checks when they receive items. That's why it takes 7-14 days before the items appear on the shelf. They run the serials with the police department.

I work side-by-side with the local PD, so I'm going to give them the serial number of the gun I just bought used about a week ago. Even though I don't believe it was stolen, it never hurts to check. [For some reason, the ported barrel in the Springfield XD-9 in question has a different serial number than the frame. I don't believe that's common coming from the manufacturer, but maybe the barrel was replaced?]

KBCraig · Post by **KBCraig** » Tue Apr 17, 2007 9:24 pm

ForbidInjustice wrote:[For some reason, the ported barrel in the Springfield XD-9 in question has a different serial number than the frame. I don't believe that's common coming from the manufacturer, but maybe the barrel was replaced?]

The receiver is the gun. Everything else is just "parts", and serial numbers on any other part don't count count for anything except collector value.

TexasCHLforum.com

Is it stolen?

Is it stolen?

Re: Is it stolen?