Took a Stolen Gun on Trade

[alnpar]

Ok got a question. About 4 months back I took a pistol on trade. Fast forward to this week and decided to part with it (45 ACP wasn't for me). I was contact by OKCPD that the pistol was stolen. I met them and handed it over. Question is, from a legal standpoint can I report my original gun stolen?

This was the first time that I was ever burned. Makes me weary going forward. Thanks.

I think that would be a fair trade. Report his sorry butt!

 

[crapsguy]

Ok got a question. About 4 months back I took a pistol on trade. Fast forward to this week and decided to part with it (45 ACP wasn't for me). I was contact by OKCPD that the pistol was stolen. I met them and handed it over. Question is, from a legal standpoint can I report my original gun stolen?

This was the first time that I was ever burned. Makes me weary going forward. Thanks.

on a similar note I currently have a 45 for sale here on oks - a guy asked me if I would provide the last 3 of the SN as he had one just like it several years back -- I thought about it a bit and went ahead and provided the info as I figured if it was stolen and his gun I would eat the loss as a risk/benefit of buying/selling/trading guns w/o an FFL - he responded it was not the same gun?? - obviously it was the same type of fishing trip as you got taken on -- most people realize what is involved - if not you probably shouldn't play

 

[rj ︈]

Are you serious?

Yep. If I have no prior knowledge of the item being stolen and I purchased it completely legally, whats the issue with me keeping it?

I would prefer to sell it back to the state or original owner if they want to pay a fair price. Now, as an individual, you could choose to just give it away but as far as I’m concerned, I bought it with no ill intent.

Imagine you spend $1000 on a gun, own it without issue for however long it is until you decide to sell it. Because a cop happens to be the one to try to buy it, you have no choice but to hand it over.

Should I go through all my firearms and have them checked to see the status of them according to the state and see if I need to give some away?

Do you think that’s fair? I’m open to hearing why I’m wrong here.

 

[Apache 46]

Good wisdom from all. I havn’t taken the bill of sale route. Normally, I record the person’s make/model of car, tag number, phone number and name. I also ask for a DL just to ensure OK resident. In this case I failed to record his name. But I did capture the other things and passed that along to the Det. Fast fwd to today, I have attempted to contact the guy that I traded with via phone call and text, he has not answered/replied. I believe I will be completing a police report on it just in case it ends up somewhere. I was hesitant on doing it just in case the gentleman was a victim too. But after the negative contact attempts I am just going to do it.

 

[Apache 46]

Also for the show serial numbers issue. I never do in my posts. But in this case a buyer asked for it and I provided it. But point taken and I will adjust accordingly.

 

[BillM]

I don't think it'd be right to report your original trade as stolen, but I have another question...

Do you have no choice in keeping the firearm? If it is reported as stolen and you can prove that you purchased it legally from a private party, why should you be the one to pay the price?

It's stolen property and that isn't changed by selling it to some poor unsuspecting schmuck. Even if you bought it as a poor unsuspecting schmuck.

 

[skyhawk1]

There is a site you can check serial #s called "Hot Gunz" I don't know how to do a link or I would. Of course they have all the disclaimers. I use it every time I buy a gun.

 

[JEVapa]

Are you serious?

In some cases, depending on the PD policy and state laws, if insurance paid it out, and the owner loses claim (or he has to pay pack his insurance claim that you know he inflated the price by 2x or more), they will release it to the "new" owner after a hold time, investigation, blah blah blah. But it's all dependent.

Do you have no choice in keeping the firearm? If it is reported as stolen and you can prove that you purchased it legally from a private party, why should you be the one to pay the price?

What is OKC PD policy? I'd ask them and see what the law says instead of the peanut gallery.

 

[sh00ter]

Sadly, the laws protect everyone but the victim these days.

Yep and we are to blame because we tolerate it...we keep electing the REPUBLICANS who don't "really" represent our values. I remember when Nathan Dahm was pushing a bill for certain non-violent felons to have their 2nd amendment rights restored after their debt to society was paid in full. I believe the argument I heard was that if some guy who had a DUI when he was 21 was in his 40's and still couldn't own a deer rifle or home defense weapon that it was an overstep by the gov't. I have never had a DUI or any other trouble with the law, but it made a lot of sense to me. But of course, he faced the most push back from his fellow REPUBLICANS who don't "really" believe in freedom. Genuine OK values republicans are largely un-electable even in our own state.

 

[turkeyrun]

Back in ‘89 or ‘90, some jake-legged peckerwoods broke into my folks’ house and stole a bunch of stuff, including a couple of guns that pretty much only had sentimental value. One of them showed up in a pawn shop in MWC, but to get it back, my dad would’ve had to have bought it back from the pawn shop because, under Oklahoma law, they “had a financial interest in it.”

To say that my dad was PO’d would be an understatement. He didn’t particularly care for pawn shops before, but he really hated them after that little affair.

BS, Pawn Shop is no more financially invested than OP.

Possession of stolen property results in forfeiture.