Will the local police run a serial number on a gun

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  • Cameramonkey

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    Yes. But only if you find the right officer, and he ABSOLUTELY POSITIVELY MUST MUST MUST have it in his hands to do so.

    Because as it was explained to me by INGO LEO, if it comes up as a hit, he will have to explain to his supervisor why he didnt confiscate the gun and take it into evidence.


    So I guess if you can get the seller to meet you and a cop and understand there is a chance he'll never see the gun again, you can.
     

    Route 45

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    Just because it's not in IDACS/NCIC doesn't meant it's not stolen.

    If you're that worried about it, don't buy it. Personally I only buy from people who seem trustworthy, and I pay a fair price.

    I know something's up if someone wants to sell me a Colt Python for $300. :):

    I own several used guns that I've never had the serial number checked on. Doesn't bother me a bit. I didn't steal any of them.
     

    DadSmith

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    I've called the local Sheriffs office ask them about a shotgun and a chain saw i got way to cheap both were good to go. They didn't have a problem looking it up for me. However, it was already in my possession and I knew the person I bought it from so if anything was stolen it would have been confiscated and the seller arrested.
     

    Route 45

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    I've called the local Sheriffs office ask them about a shotgun and a chain saw i got way to cheap both were good to go. They didn't have a problem looking it up for me. However, it was already in my possession and I knew the person I bought it from so if anything was stolen it would have been confiscated and the seller arrested.

    Arrested for what?

    :coffee:
     

    Route 45

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    For stealing

    It's a long stretch to say that someone with a gun that has been stolen is the one who stole it. What if he bought if from a friend? There's this little thing called "probable cause" that makes theft charges very difficult against someone who is merely in possession of a gun that has been reported stolen.

    Otherwise, you'd go to jail the moment you brought the gun to the officer to check it for you.

    "What are you doing in possession of stolen property? Bought it from a friend? Yeah, sure buddy. Off to jail."
     

    joncon

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    Several years ago a foreman at work had a 72 Chevy truck for sale. I thought about buying it, but didn't. A few weeks later, the police busted a car theft ring in Louisville. The 72 was in their files. ( who keeps records of stolen cars) They had changed the numbers on the truck, but not the hidden ones. The foreman had to return the truck to a man in GA. He'd bought the truck from his neighbor, the neighbor had to give him his money back or face charges of selling stolen property. The neighbor lost his money because he'd unknowingly bought the truck from the thieves. I assume it would be a similar deal if it was a gun, if you knew the person you got it from. Although vehicles have titles and are easier to trace.
     

    Cameramonkey

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    Several years ago a foreman at work had a 72 Chevy truck for sale. I thought about buying it, but didn't. A few weeks later, the police busted a car theft ring in Louisville. The 72 was in their files. ( who keeps records of stolen cars) They had changed the numbers on the truck, but not the hidden ones. The foreman had to return the truck to a man in GA. He'd bought the truck from his neighbor, the neighbor had to give him his money back or face charges of selling stolen property. The neighbor lost his money because he'd unknowingly bought the truck from the thieves. I assume it would be a similar deal if it was a gun, if you knew the person you got it from. Although vehicles have titles and are easier to trace.

    Odds are you're just gonna lose your gun if they find its stolen. There may be some uncomfortable questions asked of you, but if the cops cant prove you actually stole it, they'll just cut you loose and keep the gun and attempt to return it to the person who reported it stolen. Unless you are in Indy... Then it goes to the property room for a long time to be tested then released eventually. Guess they gotta make sure nobody was shot with. Apparently innocent until proven guilty only applies to you and doesnt extend to your personal property. :rolleyes:
     

    cobber

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    Recently I had a case where my client was charged with theft of a handgun after an ISP stop. The officer noted that the gun showed up in NCIC as stolen...in 1978. My client is 20.

    Long story short, the State finally offered my client a plea to B misdemeanor possession of marijuana and he took that. I would have been happy to go to trial on all the counts, but my client just wanted it done.

    So you can be charged with theft of a firearm even without PC or a victim.


    My client is currently facing new charges of carrying without a license in another county, so he apparently learned nothing from his ordeal and my good advices. That weapon (a S&W M&P 9) wasn't reported as stolen. He just didn't have a LTCH.
     
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    Route 45

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    Recently I had a case where my client was charged with theft of a handgun after an ISP stop. The officer noted that the gun showed up in NCIC as stolen...in 1978. My client is 20.

    Long story short, the State finally offered my client a plea to B misdemeanor possession of marijuana and he took that. I would have been happy to go to trial on all the counts, but my client just wanted it done.

    So you can be charged with theft of a firearm even without PC or a victim.


    My client is currently facing new charges of carrying without a license in another county, so he apparently learned nothing from his ordeal and my good advices. That weapon (a S&W M&P 9) wasn't reported as stolen. He just didn't have a LTCH.

    You CAN be charged with anything, but I notice the actual arresting charge was probably something else. (Possession of marijuana) I'm guessing traffic stop? As long as you have good PC for your arrest, throwing additional charges against the wall to see what sticks is a time-honored tradition. If someone who is 20 years old is arrested solely for a theft that occurred in 1978, and a prosecutor actually files the charge, then heads need to roll at both the PD and the prosecutor's office.
     

    2A-Hoosier23

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    You CAN be charged with anything, but I notice the actual arresting charge was probably something else. (Possession of marijuana) I'm guessing traffic stop? As long as you have good PC for your arrest, throwing additional charges against the wall to see what sticks is a time-honored tradition. If someone who is 20 years old is arrested solely for a theft that occurred in 1978, and a prosecutor actually files the charge, then heads need to roll at both the PD and the prosecutor's office.

    yup... overwhelm the defendant and make them 'want to be done with it' and take the deal as Cobber said. All for a crime he couldn't have possibly committed and a non-violent misdemeanor... I know this happens all the time but my disgust never falters when I hear these stories
     

    Cameramonkey

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    yup... overwhelm the defendant and make them 'want to be done with it' and take the deal as Cobber said. All for a crime he couldn't have possibly committed and a non-violent misdemeanor... I know this happens all the time but my disgust never falters when I hear these stories


    This. Cobber's client is a red herring. His gun charge is OBVIOUSLY related to other charges.
     

    cobber

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    You CAN be charged with anything, but I notice the actual arresting charge was probably something else. (Possession of marijuana) I'm guessing traffic stop? As long as you have good PC for your arrest, throwing additional charges against the wall to see what sticks is a time-honored tradition. If someone who is 20 years old is arrested solely for a theft that occurred in 1978, and a prosecutor actually files the charge, then heads need to roll at both the PD and the prosecutor's office.

    Yes, traffic stop. No, he was remanded on theft, not having LTCH and PMJ. And charged with all three. Heads should roll, agreed, but they never do.

    Strangely enough the other two occupants weren't even charged with constructive possession of MJ although they admitted smoking the weed that was found in the car, and the driver who admitted smoking wasn't tested, but released at the scene and allowed on his merry way down I-65. The trooper testified that the driver had probably smoked too recently for the THC to show up in his bloodstream. AFAIK he's still employed by ISP. Not the first time I have seen ISP let drivers go after they admit smoking weed.

    I have noticed in the most recent traffic stops the troopers are no longer asking if they have smoked, but do use the odor of MJ for PC to search the car.

    This. Cobber's client is a red herring. His gun charge is OBVIOUSLY related to other charges.

    It was not a negotiating ploy. The case was open for over a year on all counts despite my nagging the prosecutor about the theft charge. I told the State from the get-go that my client would plead to the MJ, but the offer wasn't made until it was a priority for jury trial and someone realized what a cluster the case was.

    He would have pled to the MJ charge all along. He even admitted to the trooper that it was his weed, so it's not like the State had to leverage a plea. More like someone didn't understand material elements and proof of the offense of theft and didn't want to let go of a felony charge.


    Anyway. Having a firearm in your possession that shows up stolen can be hazardous to your liberty.
     
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    Nazgul

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    Good friend of mine, local business man, bought a Miroku Win 1886 rifle. He called me because he had shot mine and liked it. Got a decent price, not what would raise questions. Week later he is telling one of his customers who said he had one, got his rifle case to show him and it was empty. An employee had stolen the rifle and yes it was the one my friend bought. He immediately returned it, police contacted the perp and he returned the money. Was charged with something lesser, not sure what. Small town.

    Don
     

    DadSmith

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    It's a long stretch to say that someone with a gun that has been stolen is the one who stole it. What if he bought if from a friend? There's this little thing called "probable cause" that makes theft charges very difficult against someone who is merely in possession of a gun that has been reported stolen.

    Otherwise, you'd go to jail the moment you brought the gun to the officer to check it for you.

    "What are you doing in possession of stolen property? Bought it from a friend? Yeah, sure buddy. Off to jail."

    Then he'll have to prove it not me.
     

    MCgrease08

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    Odds are you're just gonna lose your gun if they find its stolen. There may be some uncomfortable questions asked of you, but if the cops cant prove you actually stole it, they'll just cut you loose and keep the gun and attempt to return it to the person who reported it stolen. Unless you are in Indy... Then it goes to the property room for a long time to be tested then released eventually. Guess they gotta make sure nobody was shot with. Apparently innocent until proven guilty only applies to you and doesnt extend to your personal property. :rolleyes:

    QFT. I can attest to the bolded part based on personal experience.
     
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