Stolen gun recovered now what?

relax, take a deep breath, and go on with life

You got a subpoena, so you would be available as a resource, should the prosecution need you. They have the police report that the gun was stolen, from years back. That's generally enough. They might like a sworn statment from you that you did not give, sell, or trade the gun to anyone. THat will be enough for a court.

Your procecutor is covering his bases, he wants you available in court to testify, should the defense challenge the evidence that the gun was stolen. It is likely they won't. It is likely you will not be called to the stand. But they want you there to be available, just in case.

If they agree, your sworn statement will satisfy the court, unless the defense challenges, in which case they will want you there to testify. You may not even need to be in the courtroom, unless called to testify. Talk to the DA and see. Tell him of your fear of reprisal from the druggie. I'm sure they will try to work something out to your benefit.

As to the transfer, you have the papers saying you followed the law and procedure. The shop screwed up, and that's their headache, NOT yours.

The gun will be evidence until the case is dispositioned. Either dropped (plea bargin) or carried through trial and closed. After that, you can get the gun back, as it is no longer evidence in an ongoing case. Even if you no longer want the gun, you should try and get it back. Sell it to a dealer afterwards, if you want, somebody somewhere could get some good from it. What happened wasn't the gun's fault, you shouldn't hold it responsible.
Contrary to popular fiction, guns held by bad guys do not become bad things, the remain just things. And if they later come into the hands of good guys, they can do good things if called on for that.
 
One of my huge concerns is that my ex tried to take a gun in front of me once I demanded it back. He said I was joking. I said Ill report it stolen if you ever did that. His reply was "Go ahead ill say you sold it to me and Ill have my friends say they saw you"

THAT is why I am so concerned that if he has anything to do with this or one of his friends, he will try to say that in court and then the court will look at me like I filed a false police report of the theft. :confused::(
 
THAT is why I am so concerned that if he has anything to do with this or one of his friends, he will try to say that in court and then the court will look at me like I filed a false police report of the theft.

Why would they do that? You are a law-abiding citizen (presumably since you can legally buy a gun) and you reported the gun stolen years ago. And now this druggie who has a known criminal history comes out of the blue and says you sold the gun to him. Who are they going to believe? They have no reason to trust basically anything he says. They already expect him to use any excuse to try to shift the blame away from himself.
 
By all means, please recover your property. It is yours, after all, and the system is trying to do the right thing by you.
 
Thank you everyone! Im just so scared over all of this and scared if he does try to use the defense tactic of saying I sold it to him or has people come in with him to say that seen me sell it (like he once threatened) that it will be his word against mine. I am a nervous wreck, so I dont know how truthful I would sound in a situation like that. Where as this guy has been in and out of jail so many times it will just be anotehr day to him and something he is used to. Sorry if it seesm I am talking in circles, I am just so stressed and worried sick over all of this!
 
"it will be his word against mine."

Perfect. He's a lowlife. If you aren't, I'd say that the prosecutor will be thrilled that it's your word against his.

So my question is: do you have a record, too? Is that what you're afraid of?
 
KS there are what are known as Legal Aid offices in cities across the US. You can get free legal consultations, and even representation, through these. Find one in your state and give them a call. They'll hear you out and can clear up these concerns you have.
 
You seem a little younger(don't worry, being young is better than being old. Lol). You just don't understand how the 'system' works so it makes you a little timid. This is normal and there is nothing to worry about. You will be fine+it is normal to be a little insecure when you are confused but you have nothing to worry about here - even if you aren't America's #1 citizen yourself. Stick to your story. This guy isn't changin' nothin'! He is gonna' have to face his own demons on his own time(or the state's);)

ps-you can make a phonecall as suggested above but you do not need legal representation or a lawyer in this situation.
 
ks40, I'm a lawyer, although I'm now retired. I think you're in great shape legally and have no reason to worry.

Be calm. You did nothing wrong. You're a witness, not a defendant. If you need to speak to an attorney just for the comfort of having a legal advisor, go right ahead. But don't freak out.
 
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