I have been irresponsible

T

Troponin

New member
Last night I had a gun stolen from my vehicle. The vehicle is usually garaged and armed with an alarm. I was unable to garage the vehicle last night and the alarm was not armed due to my forgetting to. :mad:

Someone stole the hand gun. I made a police report and had all the documents. I realize that I was VERY irresponsible in this matter, but I am afraid that it will be used in a crime and I will be held responsible.

What are the steps I should take next in preparing for the worst?

Please, I have had two officers lecture me this morning and my wife is worried too, along with me, I don't need any more lecturing, I feel horrible.
 
OK, I'm trying NOT to lecture, but to state an opinion that has always concerned me.

I would never, ever leave a gun in a car, whether it was garaged, alarmed, or whatever. a thief can smash a window, check out the glovebox, under the seats or whatever, pop the trunk (if there's an inside release, which most have nowadays), and be gone in about 20 seconds. LONG before its likely anyone could respond to the alarm going off.

Heck, I'm even paranoid about leaving my guns in the trunk while we stop for lunch on the way to/from the range. We usually eat somewhere that I can see the car, from where I'm sitting!
 
[b]Troponin[/b]

Call your lawyer NOW if you haven't already done so. If you don't have a lawyer, get one. Will your home owners insurance cover the loss, if so, will they cover the liability. Talk to your insurance agent AFTER you talk to the lawyer.

And in all sincerity: Good Luck!
 
I dont know what to say.It happens to even the police and federal agents.I recall an incident where some federal agents were staying in a motel and left their weapons secured in a van outside.Upon their awakenig,they discovered the van was broken into and the guns..including some serious select fire hardware, were gone.mp5s,m16s ect.gone.Gun theft can happen to anyone,alarm or not.If thieves know the weapons are there, they will find a way to get them.

I recall several incidents where service guns were left in bathrooms,left on the bumper and fell off as the officer was driving down the road,left in resteraunts on the seats.It goes on and on.So dont get too broken up about it.Its bad news to know but try and learn from it.

Chances are if it was used in a crime later on, it will be kept as evidence until its no longer needed.you can get it back or they will melt it down if you dont claim it.It might just be found at a crime scene,after it is done being ran,you can get it back if you claim it.they know who owned it by the seriel numbers and undoubtably will contact you when its found.If you bought it from a private sale, you probably wont get it back.
 
That is a though one.

I would think that unless, the thief was a minor, then you will be held responsible for nothing.

Here, Georgia, entering an unlocked auto is a crime. As is trying doors to see if they are unlocked.

So the thief committed two misdemeanor offenses, prior to commiting the felony.

Trespassing, entering auto, theft of firearm.

Oftentimes, prior to a holdup or homicide, the gun turns up during traffic stops, search warrants and terry frisks.

All is not lost.

BTW, don't do that agi'n. ;)
 
My wife has already warned me that I better not ever store a gun in the vehicle again and I assured her, and made a promise to myself, that it won't happen again.
 
Seems like a key question is whether it was legal for you to store the gun in your vehicle (leaving alone the issue of whether it was a good idea). If it was legal, and I guess it was or the cops would probably have cited you, then I would think that you are off the hook for *criminal* charges should the gun be used in a crime later. On the other hand, any victims (or families thereof) of future crimes are sure to sue you in civil court for "providing" a gun to a criminal.

Tim
 
Ok. What's done is done. You've no doubt learned some good lessons about handgun storeage. I won't lecture.

Provided you've reported the serial number on the gun as stolen, you shouldn't incurr any criminal liability. But, that doesn't mean that you can't get "drug into court" to explain to the jury exactly WHERE the crackhead GOT the pistol. ("He stole it out of my car, sir!" "The witness is excused...")

Civil liability is another matter... If some kid stole it, and he uses it to kill either himself or someone else, you could get sued for negligence for failure to exercise care in storing your gun, and leaving it where some kid could get 'hold of it. Now, I'm pretty sure that you'll have a valid defense due to the fact that the gun was actually stolen, and not simply left laying about. But, by the time you'd get up to presenting your defense, you'd have already spent several thousand dollars in legal fees.

I don't believe you've committed any crime. It was foolish to leave a gun in a car, and I think you know that now. But, just because you didn't commit any crime DOESN'T mean that you can't get drug into a courtroom to explain HOW you didn't commit any crime.

For now, there's no reason not to think that your pistol is sitting in some pawn shop somewhere right now. If it is, then that's good news for you. Even if the cops don't identify it as stolen and return it to you, by allowing the pawn shop to sell it, title will pass to the purchaser, and you will be removed from the chain of title.

If the gun is used for a crime, then first they have to FIND the gun. Then they have to TRACE the serial number. THEN they have to come find you. THEN they have to decide that it's somehow YOUR fault that the gun was stolen. THEN they have to file charges against you. There are alot of uncertainties in that scenario. Right now, I'd just chill out. Call your attorney and tell him about it, but don't hire him outright just yet. Call your insurance adjuster and tell him about it. There's no need to build up a rampart of hired-guns at this point. Take it easy, and wait and see what happens.

Oh, and from now on, keep your blankety-blanking handguns locked up in the house.
 
I had a pistol and some rifles stolen from my home once. I just filed the report and made sure that the police were aware of what guns are no longer in my possession. After that, at least here, you can't be held responsible for what someone else does. Haven't heard a peep about the guns in 8 years. My dad's buddy just got a revolver back(told police to keep it, all beat up) that was stolen 20 years ago in Colorado Springs and found in California in a drug related murder recently.
 
Guys lets back out here a minute, the guy had a gun stolen out of his car, asuming it was locked and the thief broke into it. That is unfortunate but lets look at it in this light, you have a concealed Carry License and you are driving around taking care of personal business and you need to stop by the Department of Motor Viehicles to renew your tags, or what ever, you can not enter into a Government Building Carring a weapon, so you put your gun in a lock box, slide it under the seat, get out and lock the car and set your alarm if equipted, now the stage is set, while you are in the building away from hearing of your alarm, your car is broken into and the locked box with your gun inside is stolen, and gone, now where is this case any different than the one described by the Homeowner in the case of a lapse of attention, is what he did unintentionally any different, than you did on purpose, the gun is still stollen by a Criminal commiting a crime!

Where is the fault in eigther case, the gun is still gone and by no intent of eigther person, of being irrisponsible, and or neglegent, except in the eyes of a $awyer, bent on making his next lush car payment, or his condo rent?
 
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Wow, I have to agree with Wild. :eek: I almost always have an old lever gun in the truck. Often a pistol in a holster strapped between the seats, too. They are truck guns, it's where they live. Done it for years. My dad did it before I was born and still does it.

The fault is with the criminal who broke into a locked auto and stole from the victim.

As for criminal charges, once the theft was reported those become highly unlikely, at least in Indiana. I'd guess most states would be similar. Civil suits, OTOH... I'd think even that would be tough to get rolling after a couple misdemeanors by those(or family of) who committed the initial crime.
 
So , I have talked to an attorney. At this point, it's really not something for me to worry about. In the middle of the night, the person knowlingly checked to see if the door was locked (charge number one) with the intent to steal something, got into my vehicle, which is private property(charge number two), then got into a compartment, then stole a gun (charge number 3, which is a felony). The argument is that although I was irresponsible, the person went out of his way to find something. Had it been laying on my front porch, then I would be responsible, but because it was on private property in which someone knowingly entered without permission, then i am not liable. Basicly, the illegal act of entering my car and stealing the gun may save me from being responsible for the person's criminal actions with the gun.

I may not have the specifics down, but this is how I understood what I was told.

Also, I have a carry permit and the gun was bought brand new from a shop and is registered.
 
+1 to Wild and 2ndAmendment...

I keep a pistol in my truck all the time. It is well hidden but quickly accessible. Part of having a CCW license IMHO.
 
+1 to Wild and 2ndAmendment...

I keep a pistol in my truck all the time. It is well hidden but quickly accessible. Part of having a CCW license IMHO.
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I often keep a pistol hidden in my truck as well. Part of living in a state where I can. :D

Seriously, the vehicle was locked and the gun wasn't in plain sight...I don't think it's necessarily that irresponsible. It really isn't that much harder to steal a gun out of a car than to break into a home while the occupant is gone...hell, if I was a burglar one of the first things I'd check is the nightstand and under the bed. And if we keep all our guns locked in full-sized safes, then they really aren't handy if we need them.

Granted, if you live somewhere where car break-ins are common, maybe you should strongly consider not keeping it in there. Otherwise, though, it actually was fairly well secured. It's a pistol, not a heavy machine gun or a nuclear weapon; if the criminal hadn't gotten it from your car, he'd probably have managed to get one somewhere else. Don't beat yourself up if he does something bad with it...it really isn't your fault.
 
Just a thought for the future.

Get one of those safes that you can bolt to the floorboard of your truck, under the seat if able.

Sadly this is a chance that people have to make due to either employment policies or building polices.

Of course they would argue to just leave the gun at home, what they don't understand is that home may be far away and they have no right to tell you to be disarmed on your own time in your own vehicle.

Hopefully since you reported it, it will be found before it can be used. Good luck to you.
 
This is a fairly new neighborhood. It's the first time that we have had an actual break in anywhere in the 'hood, as far as I know.

Again, the car was NOT locked. Every night, I stand at the window and hit the alarm button to lock it, but last night i was so exhausted from running around that I went to bed and forgot. The officer was a little bit of a jerk when I said that "Yeah, that's everyone's excuse this morning, 'this is the first time I have ever left it unlocked'. Well, it's true, it IS the first time, considering I have had the vehicle for 3 months and HAVE had it locked every night.
 
Again, the car was NOT locked. Every night, I stand at the window and hit the alarm button to lock it, but last night i was so exhausted from running around that I went to bed and forgot. The officer was a little bit of a jerk when I said that "Yeah, that's everyone's excuse this morning, 'this is the first time I have ever left it unlocked'. Well, it's true, it IS the first time, considering I have had the vehicle for 3 months and HAVE had it locked every night.
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My bad...I thought you just hadn't armed the alarm, not left it unlocked. I'm not used to these new-fangled vehicles with all their remotes and buttons. ;)

So yeah, that was a bit irresponsible. I still don't think you really bear any real responsibility for what happens afterwards (and it sounds like your lawyer agrees). The gun wasn't in plain sight, and the criminal still broke into your car, unlocked or no.

I guess I can see how the cop might have been a jerk in this situation. But I still wouldn't beat myself up too hard over the whole thing...just wouldn't let it happen again.
 
Yeah, and no LEO has ever had a gun stolen from his car or from his home. I guess those particular ones are infallible, like the DEA guy that shot himself. :rolleyes:
 
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