Question concerning stolen guns

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  • KrisMT

    Plinker
    Rating - 0%
    0   0   0
    Sep 14, 2013
    30
    8
    Vincennes
    A few weeks ago my carry gun was stolen (an XDs .45). I have a reasonable idea of who it was, but the police don't have enough to go further. I hope with enough badgering i can get them to cough it up. If i recover it when i report it recovered to the police do i have to say how? (Can i use not telling the police who i got it back from as leverage to get it back?) Could i get hit with anything if recovered and i refuse to say how? Thanks in advance for any advice. (Sorry for any spelling errors, on my phone, pc on the fritz)
     

    jwh20

    Master
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    28   0   0
    Feb 22, 2013
    2,069
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    Hamilton County Indi
    I'm not sure what exactly you're getting at but IF YOU break the law in recovering this firearm, then you open yourself up to charges. Say you just "know" that the guy who took the gun has it inside his home, so you break in and retrieve it. So now you are a burglar. Is it really worth time in prison and losing your right to own a firearm to recover it?
     

    boogieman

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    48   0   0
    Nov 14, 2009
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    under your bed!!!
    I think he is saying he reported it stolen and if he is able to recover it himself he needs to inform the police of the recovery. If so does he need to tell them who and how.

    IMHO I think you should tell them who took it because if he took your gun why wouldn't he do it to someone else.
     

    Mgderf

    Grandmaster
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    43   0   0
    May 30, 2009
    17,877
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    Lafayette
    If the police ask who took it, and you refuse that information, I would assume that would open you to a charge of obstructing justice.
     

    eldirector

    Grandmaster
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    10   0   0
    Apr 29, 2009
    14,677
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    Brownsburg, IN
    IMHO:
    a) assuming you gave LE the serial number, then I would most certainly tell them if/when you recover it. Otherwise, it will still be considered "stolen" and may land you in a mess later (eg: the serial # gets run while in YOUR possession)
    b) also, we have to assume it really was stolen, as you really did report it (and you would NEVER make a false report). In which case, this other person really did commit a crime, and you really must follow through. You may be given the option not to press charges, but if you have knowledge of the crime, you should say so.

    I'm guessing a family member or friend? Yeah, that sucks. Don't make it worse, though.
     

    halfmileharry

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    65   0   0
    Dec 2, 2010
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    South of Indy
    Family OR friend, I'd give the police the info IF IF they request it.
    Anyone that steals a gun from a friend or family has issues that need resolved.
    Naturally there will be exceptions like a teen being curious etc but I'd give up the info if prompted.
     

    LarryC

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    1   0   0
    Jun 18, 2012
    2,418
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    Frankfort
    I am certainly not a Lawyer so my opinion is worth what you pay for it!

    However, as I understand it, you are wanting to tell the suspected thief that you won't press charges nor inform the police who took it if it is returned, as you believe they may return it if not faced with prosecution.

    If you think this will encourage the person to return it this is what I would do: I would tell him/her (and a few others) that if the firearm is put on a table in your home (or some other place not in public view that you choose) you will tell the police you have recovered the firearm, but don't know who returned it. You would not be lying as you told multiple people that you would not press charges if it were returned - right? You definitely must tell the police that the firearm was recovered, if you don't and the police check it when in your possession, you sure would have some explaining to do!
     

    KrisMT

    Plinker
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    0   0   0
    Sep 14, 2013
    30
    8
    Vincennes
    LarryC has the gist of it. It is family who took it, swears they didn't, but nothing else adds up. The phrase "stupid people doing stupid things in stupid places" was coined for this person. I know I have to report it recovered. Not looking to protect them, just wanting to get it back before they do something really dumb. Many thanks for the advice everyone.

    Edit - Mgderf, love your sig, dormant marine, Semper Fi
     
    Last edited:

    KrisMT

    Plinker
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    0   0   0
    Sep 14, 2013
    30
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    Vincennes
    Update for anyone interested and maybe a bit of advice,
    Local PD has recovered my handgun, but the thief tried to file the serial numbers off the slide and under the rail. Police have to sent to state lab because of the missing numbers. I know that might make it where i can get it back. Anyone have any experience with this? thanks in advance
     

    phylodog

    Grandmaster
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    59   0   0
    Mar 7, 2008
    18,749
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    Arcadia
    Update for anyone interested and maybe a bit of advice,
    Local PD has recovered my handgun, but the thief tried to file the serial numbers off the slide and under the rail. Police have to sent to state lab because of the missing numbers. I know that might make it where i can get it back. Anyone have any experience with this? thanks in advance

    If the serial number on the frame has been obliterated you are not legally allowed to own it. Likely your only recourse would be to sue the individual it was recovered from for the cost of a replacement. If they were criminally charged for the theft you may be able to go to the criminal trial and ask the judge to grant you reimbursement as part of the sentence. Unfortunately neither will necessarily get you the money, even if ordered by the court.
     

    Route 45

    Grandmaster
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    92   0   0
    Dec 5, 2015
    14,884
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    Indy
    Update for anyone interested and maybe a bit of advice,
    Local PD has recovered my handgun, but the thief tried to file the serial numbers off the slide and under the rail. Police have to sent to state lab because of the missing numbers. I know that might make it where i can get it back. Anyone have any experience with this? thanks in advance

    How did they know it was yours if the serial number was filed off?
     

    KrisMT

    Plinker
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    0   0   0
    Sep 14, 2013
    30
    8
    Vincennes
    to right Black Cloud :laugh:
    "tried to file the serial numbers" not totally destroyed
    it has a serial number on the under side of the barrel (but barrel is removable, may be an issue)and a couple of parts were swapped for cosmetic purposes, slide back plate and magazine floor plates
     

    ScouT6a

    Master
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    13   1   0
    Mar 11, 2013
    1,732
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    Ahh, custom firearms are nice. A new back plate here, new floor plate there, serial numbers filed off there. Wow, what a dumbazz. Took it from theft to this. If I remember correctly, isn't it a felony to alter or remove the serial numbers from a firearm?
    The fact that he/she tried to conceal the fact that the gun was stolen, and destroyed it in the process, would definitely make me pursue prosecution to the fullest.
     

    Crbn79

    Grandmaster
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    5   0   0
    May 4, 2014
    7,734
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    Indianapolis, North
    Restitution rarely makes its way back to you. I've been waiting on Court Ordered restitution since 2006..... I think it's safe to say it won't happen....
     

    SSGSAD

    Grandmaster
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    14   0   0
    Dec 22, 2009
    12,404
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    Town of 900 miles
    Ahh, custom firearms are nice. A new back plate here, new floor plate there, serial numbers filed off there. Wow, what a dumbazz. Took it from theft to this. If I remember correctly, isn't it a felony to alter or remove the serial numbers from a firearm?
    The fact that he/she tried to conceal the fact that the gun was stolen, and destroyed it in the process, would definitely make me pursue prosecution to the fullest.


    IIRC, YES it is ..... FEDERAL Felony .....
     

    KrisMT

    Plinker
    Rating - 0%
    0   0   0
    Sep 14, 2013
    30
    8
    Vincennes
    Restitution is unlikely. The theft and serial numbers are just the top of the list of charges they are facing, prison is likely for them. I would just hate for my handgun to have to be destroyed because of a dumbass relative. Thanks everyone for your info and advice.
     
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