Took a Stolen Gun on Trade

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Apache 46

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Virtuaguyver….. very valid question. I have been generally thinking the same thing. I guess I could have dug in my heals and said “no it’s mine fair and square” but in the end if it was stolen the out come would be the same. But in the end 900 $ is not really worth getting in litigation over. Especially when one really doesn’t know the history of a firearm.
 

scramp

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They run the SN's through armslist, or vice versa, similar to how a pawn shop would, and it popped hot. But your neighbor is correct. Same for DL's, CCW's, VIN's etc. Many an officer has lost a job for it, but usually because they are running the plates on a car in their ex's driveway etc.

Gun Broker guarantees all firearms purchased thru them. I wonder if they have access to checking all the serial numbers to reduce their liability exposure? This thread just woke me up to the reality that you have no idea of the history of any firearm you purchase on your own.

Never really gave it much thought until now. Great informative thread.
 

jakeman

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This thread got me thinking... what if the seller just wanted his gun back and he reports it stolen. With no bill of sale, do the police have the rights to take it back?

Valid question.

I’ve only required a BOS once in my life. I sold a guy something and 6 months later he wanted to sell it back. It was a handgun that I never should have sold in the first place so I jumped at the chance to get it back. Then I got to thinking, I believe I want a BOS to put this in his hands prior to me getting it back. He scribbled on it and it is illegible, but I’ve got it it’s been 35+ years, but it’s with the rest of my serial numbers and I’ll always keep it.

Again, YMMV.
 

Fyrtwuck

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This thread got me thinking... what if the seller just wanted his gun back and he reports it stolen. With no bill of sale, do the police have the rights to take it back?
I would say yes. Before it can be put on NCIC as stolen there has to be a signed incident report and a case record on file.

The police would be acting in good faith. If this seller falsified a report just for the purposes of getting a gun back, that is a crime.
 

jakeman

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Definitely agree, I would want anything that is stolen back without question.

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The hardest part for me is, if I have a gun stolen from me, I can blame the thief, but after that, the blame goes to me. Certainly not the guy who bought it legally from a private sale.

It's obviously a difficult question because I can see myself on both ends — but I have more control over keeping something from being stolen versus buying something legally and then it just getting taken away because it was taken from somebody else without my knowledge.


My were stolen from my mothers home while I was away at college. I was pretty sure at the time and I still believe, it was someone I knew. Maybe even someone I’d hunted with. They took 4 out of a locked gun cabinet and broke a back bedroom window to get in. I don’t consider that my fault.

I still remember which ones, but I don’t have track of the serial numbers any more. Early 9422 non checkered stock. Win 101 skeet/skeet w/ a custom trigger. FN 30-06 w/ a cheap scope and an old Stevens 311 mod/full. It was in 1980 and if they ever turn up you can bet your fanny I’ll want them back. There were a bunch more in there that they left. Couple were on the floor. Must have been a hurry. Took the bedspread off my bed as well. I’m sure they wrapped them up in that to make their getaway. I’ve been able to replace 3 of them thru the years, kinda. I never found a slick 9422 that I was willing to spring for, but I’ve got a checkered stock. The FN 30-06 was my dads, and that can never be replaced.

I don’t know very many folks that had a home break in where they just got one. Consider if you will if someone stole 6-10 of yours even if you just got one back you’d want it.

If you’d bought one and it turned out to be stolen that would suk for certain, but I’d never blame the original victim for being a victim.

I get what you’re sayin, I just disagree with it pretty strongly. Nothing personal though.
 

JuanGrande62221

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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?
Unfortunately no. There was case law made about a decade ago in Oklahoma, a judge ruled that it belongs to the owner it was stolen from, based on the person who sold it can only convey the interest they have in it, and in a case like that, the criminal had none and no actual ownership had ever been conveyed.
 

Shadowrider

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Many an officer has lost a job for it, but usually because they are running the plates on a car in their ex's driveway etc.
Except for the ex part, which I totally understand, that’s completely ridiculous. Provided the resources are available of course, it would be a valuable public service to check on stolen property. Thanks for the info.
 

emapples

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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.
Use this before you take one on trade

https://www.hotgunz.com/
 

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