interesting situation, what would you do.

J

Joe Portale

New member
The other day while poking around my favorite gunshop, I saw what looked exactly like my old SW Model 19 that was stolen from my house awhile back. I asked the clerk to see the piece. Wow!!.. it had a couple of scratches in what appeared to be the same spot as my stolen 19. There was a dent in the wood grips in what seemed like the same place as mine, the finish was worn off the wooded grips, very similar to my old friend. I got suspicious.

I ran home and pulled the serial number of my 19 and went back to the store. I politely asked for the manager, who knows me. I explained what was going on to the manager and we went to compare serial numbers. It was not the same gun...dam* it. The store manager was visably shaken by the thought. I asked him how he would have handled it if it did turn out to be my stolen gun, he said he didn't really know.

Just as a curiosity, could I have demand my gun back on the spot? Would you have called the ploice? Probably should, because it has been listed as a stolen handgun, getting caught with it would open a whole new world of problems. What would have been my recourse if the store refused to cooperate?

What do you folks think?



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Joe Portale
Tucson, Arizona Territory

"Those who turn their swords into plow shears,
end up plowing the fields of those who didn't"
Thomas Jefferson
 
I'd think they'd give your gun back without much fuss, if you'd properly reported the serial number to the authorities. After all, the gun shop is supposed to check to see if a gun is stolen before purchasing it. They'd probably rather cooperate with you than risk being in trouble with authorities.

Good for you for keeping the serial number around. Very foresighted.

pax


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"Is there anything wrong with a woman preferring the dignity of an armed citizen? I don't like to be coddled and I don't like to be treated like a minor child. So I waive immunity and claim my right -- I go armed." -- Longcourt Phyllis in Beyond This Horizon by Robert Heinlein
 
In California if you posses stolen property it is taken from you and given to the rightful owner (if the police can find you). I would guess Arizona would have a similiar law. You can ask a LEO if you know one or your local LE department to get an answer. You getting it back would hinge on some kind of proof of legal ownership or a police report from when it was stolen.
 
If in fact it was your gun, you`d have to notify the police. Without cancelling the alarm, the gun is still technically stolen. This opens up a few cans of worms. The gunstore now has a problem but that can`t concern you. Big screwup there. What if your home ins. paid you for the property you lost? Now you have ins. fraud.
The police most likely won`t return the gun right away as they`ll want to run a ballistic check to see if it was used in a crime while it was out of your possession. Hope that it wasn`t or you may never see it again. Don`t report the recovery and if the gun is ever checked for some reason, nice knowin ya if it was used in a crime!
Quick story. I was working one day and a LEOs` private boat sank. No injuries but his off duty gun was on board. We had to have the divers respond, recover the gun and send it to the lab for tests! It wasn`t out of his possession for an hour in 20 feet of water but rules is rules!
 
After all, the gun shop is supposed to check to see if a gun is stolen before purchasing it.

How does a shop owner do that?
 
If your gun is stolen it is REALLY important to report it to the police with the serial number. That is the "hot list" data the shop owners check against. It also protects you if the weapon is found at a crime scene.

If you did find your stolen gun in a shop, you and the shop owner need to talk to the police. You need to get your gun off the hot list, and the owner needs to put the cops onto the guy who sold it to him, if possible. You may eventually have the satisfaction of knowing that the guy who stole it from you is in handcuffs.
 
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