38superman Posted June 11, 2007 Share Posted June 11, 2007 A friend of my found a gun (in a holster with a loaded clip) along side a public road. There is no possibility for him to find the owner. It apparently is a pretty nice S&W and he would like to keep it but wants to do so legally. My advice to him: Contact the local BATF office. Give them the make, model and serial number and ask if they can verify that the gun has not been used in a crime, or reported stolen. IF the gun has no "bad history", take it to a local dealer and ask them to do the background check and transfer the gun to you, which they should do for a small fee. Any other relevant thoughts? Tls Link to comment Share on other sites More sharing options...
Alan Meek Posted June 11, 2007 Share Posted June 11, 2007 (edited) You should take it to the local PD/Sheriff Office. Report it as found. IIRC they will probably hold the gun for a period of time and if the owner never reports it lost/stolen in that period of time, they should have a process to give it to the person that found it. Alan Edited June 11, 2007 by Alan Meek Link to comment Share on other sites More sharing options...
R/T Performance Posted June 11, 2007 Share Posted June 11, 2007 WOW Thats a good question .In MI we have all pistol's registerd byThe sheriff and State police supposedly keep a file but I have no idea Link to comment Share on other sites More sharing options...
38superman Posted June 11, 2007 Author Share Posted June 11, 2007 (edited) I thought about advising the guy to go to the local sheriffs office but I'm having a hard time with that. Every jurisdiction is different, but I have first hand knowledge of officers confiscating handguns during traffic stops. The legitimate owner never gets them back despite their best efforts. I'm afraid they would just keep it. If I were in his shoes I think I would just bypass the local sheriff and take it up with the Feds. On the other hand, if it were recently used in a crime it could be a critical piece of evidence (fingerprints ???) I'm at a loss on this one. Torn between civic duty and mistrust of officials. Tls Edited June 11, 2007 by tlshores Link to comment Share on other sites More sharing options...
traxman Posted June 11, 2007 Share Posted June 11, 2007 +1 one on telling at least SOME government official. That way you've passed the proverbial liability buck onto someone else. If the gun is stolen it is VERY likely marked as such, and if some wayward cop ever runs the serial number, you'll have some explaining to do. Is a gun worth a few hundred bucks worth that huge gamble? It's up to you... Link to comment Share on other sites More sharing options...
Alan Meek Posted June 11, 2007 Share Posted June 11, 2007 It is found property, depending on the policy of the local LE if the rightful owner does not claim it then the person who found it could make a claim. If your buddy had found a brief case with a couple of grand and he turned it in as found property and the rightful owner does not claim it your friend could make the claim for the money. Should be the same process as property is property. The handguns being confiscated during traffic stops is a different matter. Alan Link to comment Share on other sites More sharing options...
AikiDale Posted June 11, 2007 Share Posted June 11, 2007 After purchasing a gun from an individual at a gun show I asked a friend on a local police department to run the gun to ensure it was not reported stolen. Link to comment Share on other sites More sharing options...
Rob Boudrie Posted June 11, 2007 Share Posted June 11, 2007 Under my states law (MA) found property with a value of at least $3.00 (I think) must be turned in to the police who are required to return it to the person surrendering it provided it is not claimed within some time period (not sure, but it might be 90 days). Other states probably have similar procedures for the person finding abandoned property to file a claim, but good luck getting the police to follow such a law in the case of a gun. In any case, when you turn it in, insist on a police report confirming you are turning it in as "lost property" and intend to file such a claim, otherwise, it will probably be processed as a "voluntary surrender." Link to comment Share on other sites More sharing options...
bgary Posted June 11, 2007 Share Posted June 11, 2007 (edited) Maybe it's just me, but I'd probably ask some "blind questions" first... like... go to a payphone somewhere, call the police station, and anonymously ask: -- what's the procedure for turning in lost property? -- what's the procedure for claiming the property, if it's owner cannot be found -- are the procedures any different if the "found property" is a firearm? Of course, on the other end of the spectrum, it could be that the firearm was legitimately lost by "a good-guy", who is going insane at the thought that his lawfully-carried handgun is now in unknown hands, and he's been calling the police department to find out if it has been found/recovered. Separate from "wanting to keep it", I suspect some good karma may accrue if you help the gun get back into his hands. I know, if I lost a gun, that would freak *me* out, until I at least knew where it was. $.02 B Edited June 11, 2007 by bgary Link to comment Share on other sites More sharing options...
Front Man Posted June 11, 2007 Share Posted June 11, 2007 I would tell him to "Seek Legal Counsel". Protect him and yourself. FM Link to comment Share on other sites More sharing options...
Viggen Posted June 11, 2007 Share Posted June 11, 2007 Let's get real here. Turn the gun in to the local PD or Sheriff or dogpound, whatever you have in your area. This isn't a kid's game of "finders keepers". You don't just keep a gun you found, not in this society. Link to comment Share on other sites More sharing options...
38superman Posted June 11, 2007 Author Share Posted June 11, 2007 (edited) The "wanting to keep it" part assumes that there is no way to find the rightful owner. Getting it back to the rightful owner would be the preferred option (even though one has to wonder about the responsibility of someone that loses a loaded gun in a public place). Personally, I would turn it in, but that's just me. I have quite a few firearms already and don't really need it anyway. Since I'm not the one that found it, it's not my call to make. Any of you guys / gals ever lost a firearm? Tony Edited June 11, 2007 by tlshores Link to comment Share on other sites More sharing options...
ima45dv8 Posted June 11, 2007 Share Posted June 11, 2007 First, wipe off any evidence that you have handled it. Then turn it in. Link to comment Share on other sites More sharing options...
XRe Posted June 11, 2007 Share Posted June 11, 2007 I would tell him to "Seek Legal Counsel".Protect him and yourself. FM Unfortunately, I think this is the most prudent advice. It would not be surprising to me that, if it is a hot gun, your friend doesn't end up getting investigated for crimes that may or may not have been committed with that gun, as well, etc... Wouldn't happen in every jurisdiction, but ... the system has a way of doing the wrong thing, many times... Link to comment Share on other sites More sharing options...
BritinUSA Posted June 11, 2007 Share Posted June 11, 2007 Take it to the local Police Station stating where and when found. Let them keep it. The gun may have been used in a crime that has not yet been reported. IF you keep it and one day a ballistics report ties the gun to a crime then your friend is up **** creek without the proverbial paddle. It's not worth the hassle, hand it in and walk away... just my 2 cents Link to comment Share on other sites More sharing options...
bgary Posted June 11, 2007 Share Posted June 11, 2007 (edited) Let's get real here. Turn the gun in to the local PD or Sheriff or dogpound, whatever you have in your area. This isn't a kid's game of "finders keepers". You don't just keep a gun you found, not in this society. Yeah, I gotta agree. My previous answer was tied to the original question ("how to keep it"). In hindsight, that's the wrong question to ask. The right question is, "what is the right thing to do". That's actually a pretty easy one. turn it in, file a report describing where and when you found it, and walk away. B Edited June 11, 2007 by bgary Link to comment Share on other sites More sharing options...
Steve Anderson Posted June 11, 2007 Share Posted June 11, 2007 Think about how it got there...it was likely ditched in a traffic stop by someone who was not legal to have it. That should tell you something... SA Link to comment Share on other sites More sharing options...
swede Posted June 11, 2007 Share Posted June 11, 2007 The "wanting to keep it" part assumes that there is no way to find the rightful owner.Getting it back to the rightful owner would be the preferred option (even though one has to wonder about the responsibility of someone that loses a loaded gun in a public place). Personally, I would turn it in, but that's just me. I have quite a few firearms already and don't really need it anyway. Since I'm not the one that found it, it's not my call to make. Any of you guys / gals ever lost a firearm? Tony 15 years ago I set a cased 1911 single stack on the stepside ledge of my pickup while I unlocked the door. I forgot about it and drove off. When I got home and realized what had happened, the range was closed and the gate was locked. It's a long winding private road to the range, so I was hoping that it had fallen off before I got to the public roadway. I had to wait till the range opened the next morning, and needless to say, I didn't get much sleep that night. Luckily I found the gun before someone else did. If this gun was lost in a similar fashon, the person that lost it is being tortured. I think it's best to assume the gun was used in a crime or stolen, and the authorities should have been notified immediately. The longer you wait to report the found gun to the police, the more ties you have to this questionable firearm. Swede Link to comment Share on other sites More sharing options...
bgary Posted June 11, 2007 Share Posted June 11, 2007 IF the gun has no "bad history", take it to a local dealer and ask them to do the background check and transfer the gun to you, which they should do for a small fee. ObNote, I'm not an FFL, but I'd be very surprised if a dealer worth his salt would "transfer the gun" without knowing who/where it was coming from. I suspect it would have to cross his bound-book, and he can't just leave the "transferor" side of the ledger blank.... B Link to comment Share on other sites More sharing options...
Alan Meek Posted June 11, 2007 Share Posted June 11, 2007 Years ago a friend had his car (Mustang) stolen and when the local police recovered said car there was a Luger in a holster under the front seat. The people that were caught with the car denied the firearm was theirs after a period of time (I think 90 days) the local police gave the Luger to the friend that had his car stolen. (and this was in CA) So turn it in, if they can not find the owner and the gun is returned to your friend he is ahead of the game (free gun). If they keep it and do not return it your friend is out zero. Now if he keeps it and the gun had been used in a crime or after the owner reported it lost you friend will no doubt incur legal fees and that is the losing equation. Alan Link to comment Share on other sites More sharing options...
Flatland Shooter Posted June 11, 2007 Share Posted June 11, 2007 I'd like a "free" gun as much as the next person. Than said, turn it in. If you get lucky and its returned as lost property, good for you. But it may be the missing link needed to take some dirtbag off the street for good. Stashing a possibly "hot" gun in the deepest, darkess recesses of my gun safe would slowly eat me up. Not worth the risk or the worry. Bill Link to comment Share on other sites More sharing options...
EricW Posted June 11, 2007 Share Posted June 11, 2007 Am I the only person that thinks it's time to cut that thing into bits with a bandsaw and dump it in the river? Sweet Jesus. He's got a 2 out of 3 chance of being implicated in a felony. What the hell is worth that? Link to comment Share on other sites More sharing options...
benny hill Posted June 11, 2007 Share Posted June 11, 2007 Send it to Tony Soprano. Link to comment Share on other sites More sharing options...
Keninaz Posted June 11, 2007 Share Posted June 11, 2007 What would you want done if you had lost a pistol? +1 to turning it in. (Make sure you call first and tell them your comming in with a loaded pistol). Ken Link to comment Share on other sites More sharing options...
RHall Posted June 11, 2007 Share Posted June 11, 2007 My $.02 IF it were a legally owned gun, I would bet the owner has reported it Lost/Stolen. So its either going to go back to the owner or its a gun used in a crime and was ditched at some point. Most states have laws on lost or stolen guns, your friend might be breaking the law just thinking about what to do rather than just turning it in asap. I dont think a couple hundred dollar gun is worth the risk of being tied to a murder weapon or whatever. Link to comment Share on other sites More sharing options...
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