Stolen WWII Colt .45

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  • Hkindiana

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    Hi, I met a WWII veteran who still has a Colt .45 pistol that he "stole" in WWII, and he is worried that if he sells it to me, he/I/or both of us could get in trouble. Is there any kind of "statute of limitations" on stolen military weapons, or is it ALWAYS "hot"? I really don't want to take any chance of getting either of us in trouble. IF there is a statute of limitations, how far does it go back? Obviously current weapons and machineguns are a no-no, but what about a Korean war M-1 Garand, or an M-1 Carbine from Vietnam that were "improperly" obtained? IF there is NO statute of limitations, would the parts from these weapons be OK, and only the serial numbered receivers be "government property"?
     

    SEIndSAM

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    LOL.....I know an elderly lady that is sure that any day the US Army is going to knock down her door and demand her late husband return the Colt .45 he carried in Korea and brought home...
     

    Hkindiana

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    LOL.....I know an elderly lady that is sure that any day the US Army is going to knock down her door and demand her late husband return the Colt .45 he carried in Korea and brought home...

    Yeah, this vet wants me to PROMISE to turn his .45 in to the police when he passes away. IF I did do this for him, I wonder what would happen to it . . . . .
     

    throttletony

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    So, it sounds like there's two things here -- what could happen and what will (likely) happen.
    1 - If you, as a purchaser, DON'T know of a gun's history, your liability is limited, and would most likely be that you would be out the $$ if it were reclaimed. An overzealous D.A. in NYC might pursue some kind of implicit malice, but that would not happen here... I think. Based on OP, you might be familiar with the history of this gun. I won't say more regarding that.
    2 -Since IN doesn't have a handgun registry (I'm in MI, and we do.. but that's a different topic), I doubt that anyone would know or care, unless the gun has some criminal history (involved in shooting, etc)
    With all that said, you may want to consider running the serial # (through local PD) to see if anything comes up about it missing or stolen - which I HIGHLY doubt. If no red flags, I wouldn't hesitate to purchase it. I'll let any of our INGO lawyer friends chime in also, as I don't know of any specific statute of limitations on firearms and how they were acquired.
     

    Thor

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    Could be anywhere
    I don't think they had GPS trackers inserted into firearms in WWII...and I'm pretty sure the Army isn't looking for it anymore if ever. Of course IANAL.

    As for what would happen to it...I suppose that depends on what department you turned it in to. Personally, I can't imagine the conversation, "hey Mr. Policeman, I've got this stolen gun I'd like to give you..."
     

    71silverbullet

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    NOTHING will come of it, I assure you. The record keeping of 1944 we not quite what they are today. That has looooong been forgotten.
    If it really worries you, I'll buy it..lol
    I AM NOT A LAWYER.
     

    shibumiseeker

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    near Bedford on a whole lot of land.
    So, it sounds like there's two things here -- what could happen and what will (likely) happen.
    1 - If you, as a purchaser, DON'T know of a gun's history, your liability is limited, and would most likely be that you would be out the $$ if it were reclaimed. An overzealous D.A. in NYC might pursue some kind of implicit malice, but that would not happen here... I think.

    My guess is locality would have little to do with it as it was US Government property. I also don't know how a statute of limitations would apply as I know little about the UCMJ other than for non serious (capital or AWOL or the like) the general statute of limitations is 5 years. But even if one cannot be prosecuted for it, it is still US Government property and they could demand it be returned, and knowingly possessing stolen property might set in motion a whole new SOL for the purchaser being prosecuted. IANAL though, these are just my thoughts, and I am tagging this for interest for info from someone who would know better.
     

    femurphy77

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    Sounds pretty shady to me. If you have any doubt at all that this is a legitimate deal I would pass it on to a guy on this board that has the user name femurphy77. He could care less about no steenking statute of limitations and would LOVE to own an authentic WWII 1911, especially one with known lineage!
     

    Alamo

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    Never mind femurphy, rightfully the old vet should sell it to me. My big sister gypped me out of my rightful inheritance of the 1911 he brought back from WWII. When she was born in 1949 Dad was short of funds, so inexplicablyhe sold the 1911 to pay the hospital where she was born. Therefore by rights -- at least as much as femurphy -- I should get the pistol.
     

    55fairlane

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    my guess is, most of these records were "purged" long ago, and i do there was a large fire out west 50 plus years destroying several warehouse these records were kept, i would think your safe to buy it....but this is just me thinking out loud

    there are several U.S. Property guns out there on the free market and owned by private persons, no one looks at any of those to see if there "hot"


    Aaron
     

    indiucky

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    I know a guy whose dad brought one back and was so worried about it that he FILED the serial numbers off....Later a buddy of mine inherited it, called ATF, took it to their Louisville branch where they issued him a serial number and told him he had a week to have someone engrave the new serial number on to it...They even gave him the name of the engraver...That they would call to make sure he put the new serial number on it..."May call" they said...:)


    Point being HK...I think you would be okay bro...But I am NOT a lawyer....:)
     
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    T.Lex

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    The correct word for this situation is "leverage."

    "Gee, I'm willing to take the risk, but I've got to consider that I might lose the entire purchase price. Halfsies?"

    Assuming it is semiauto, the '68 Act wouldn't apply, as he acquired it before then. He likely violated DOD rules, regulations and maybe unlawfully possessed it after departing from service. So, he could get court-martialed. Maybe even converted to a dishonorable discharge.

    Which is probably more likely than any sort of confiscation.

    This is not legal advice to you or him, but just an observation.
     

    BE Mike

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    There have been a lot of military firearms written off as "combat loss". I'm sure that the many 1911's floating around in private hands today were in that category. The NRA sold a trainload of 1911's for around $12-$25 before the 1968 Gun Control Act. I'm sure that those were written off as excess. I'll drive over to where the pistol is now located and take the burden off her shoulders.:):
     

    knutty

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    There have been a lot of military firearms written off as "combat loss". I'm sure that the many 1911's floating around in private hands today were in that category. The NRA sold a trainload of 1911's for around $12-$25 before the 1968 Gun Control Act. I'm sure that those were written off as excess. I'll drive over to where the pistol is now located and take the burden off her shoulders.:):

    This right here. They were written off a long time ago, no one cares now.
     

    halfmileharry

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    They aren't stolen. They're "bring backs" and no one gave a **** about them after the wars.
    Many a weapon was picked up of the ground from the dead soldier it was originally issued to. No longer assigned to original soldier.
    IANAL and could care less. I'll take the gun "for safe keeping"
     

    sloughfoot

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    There are thousands of original GI 1911's and every full auto M14 and M16 that is placed for sale is a Government issue firearm that was absconded by a Gi or Marine. Buy it with no fear, the records are long gone.

    Full auto M14 and M16 rifles have never been offered for sale to civilian users, yet they are offered for sale and purchased with no repercussions.
     
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