Friend found gun in new house,need help(legal)


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ChopperKen
October 17, 2006, 05:24 PM
A friend of mine found a 357 in his home.
Not a problem for me if this happened, Big problem for him as he has a felony.
Do we have any Ct. Lawyers or police on this site that know the best way for him to get rid of it?
I'd like to see the legal owner get it back if possible
Thanks
Ken

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loganoutpost
October 17, 2006, 05:33 PM
Very Simple Call Police explain situation and have them come get it. Just call the non-emergency number listed and explain that he found a gun in the house, it is not his and he wants the police to come and get it. If gun is registered they may get it back to the rightful owner. Not sure of Conn. Laws, but I believe it would be best to get the gun out of his house right now. Is your friend on Probation or Parole if so he might also want to contact his PO after the police pick it up. Would be helpful if he had a case number. Remember the truth is the best policy in this case. Let original/lawful owner deal with police on getting the gun back. Better that your friend not be in possesion than getting it back to rightful owner.

mikeb3185
October 17, 2006, 05:42 PM
+1 on letting the police deal with it.

SoCalShooter
October 17, 2006, 05:45 PM
Try contacting the realtor of the home if that does not work have the police look up the serial number if they can.

Nicky Santoro
October 17, 2006, 05:46 PM
Some might tell you to take it off his hands and STFU. They might tell you it would be nice to have an off-paper gun when the inevitable bans/confiscations become reality. Not me, of course. I'd tell you to be a good little sheeple.

Zundfolge
October 17, 2006, 05:50 PM
Some might tell you to take it off his hands and STFU. They might tell you it would be nice to have an off-paper gun when the inevitable bans/confiscations become reality. Not me, of course. I'd tell you to be a good little sheeple.

If you keep it and its stolen then YOU will be a felon too.

If I was your friend, I'd have someone else who is not a felon (like you for example) be there when the police arrive and he should be across town with plenty of witnesses (make sure he hasn't left any fingerprints on the gun).

Don't want to give overzealous police officers an opportunity to bust someone for "Felon in possession of a firearm".

Maybe have him call a lawyer while he's at it just to be safe.

ChopperKen
October 17, 2006, 06:06 PM
Good idea Zundfolge,
I'll run that passed my friend in a few minutes.
I was going to go pick it up and turn it in for him, but as I live in mich/R.I.
I didn't think it would be a good idea to turn in a gun in ct.

Phenom
October 17, 2006, 06:14 PM
If you keep your mouth shut you'll stay out of trouble;)

ArmedBear
October 17, 2006, 06:17 PM
Did he buy the house from someone?

Perhaps he should contact the seller.

geekWithA.45
October 17, 2006, 06:23 PM
Hire a lawyer to hand it in.

It's the only way to be reasonably certain one won't wind up in the hoosegow.

ArmedBear
October 17, 2006, 06:24 PM
Legally speaking, if it's a revolver, the "gun" is just the frame.

The rest is "parts."

ChopperKen
October 17, 2006, 06:47 PM
My friend bought it from a realtor...
He was calling a cop friend to get advice earlier today, I'll find out what happened later tonight.
Thanks for the advice guys
Ken

bogie
October 17, 2006, 07:18 PM
Quite frankly, if he's on probation, and some cop's looking to pad his numbers for the month, he could end up in trouble. If you're NOT on probation, give them a call and tell them that YOU found it. Same results, less danger.

BigFatKen
October 17, 2006, 07:26 PM
Get a houseguest to "find it" while felon is way for a while.

Let houseguest friend call leo

Waitone
October 17, 2006, 07:29 PM
DANGER WILL ROBINSON!

You would be well advised to lawyer up and let an officer of the court deal with it. Right, wrong, legal, and just are quaint concepts having nothing to do with law. Your friend has to protect his own kester.

ChopperKen
October 17, 2006, 07:43 PM
I'm starting to think it would be best to just toss it into the ocean.:scrutiny:
Ken

mp510
October 17, 2006, 08:23 PM
Atty Ralph Sherman is pro-gun, and is a well known lawyer when it comes to gun subjects up here.
http://www.ralphdsherman.com/ If he is looking for a lawyer, he would probably be a good place to start.

DoubleTapDrew
October 18, 2006, 12:15 AM
If another person was at the house to turn in the gun when the friend was away wouldnt said unscrupulous LEO assume the gun belonged to the homeowner (felon) and get him into even more trouble and scrutiny? Just a thought. I'd have the realtor or lawyer do it.

FTF
October 18, 2006, 12:21 AM
I would have tossed the sucker in the ocean (or in lake mich in your case, or any nearby lake)... especially if it's some crappy piece. Problem solved, none of this get a lawyer, protect your neck crap. Chances are the cops would probably destroy it or 'acquire' it for themselves instead of trying to look up the legal owner anyways. Just have someone 'legal' transport it to the dumping area.''

Or just keep it 'unfound' until the local PD runs one of those stupid gun turn ins and get a few bucks for it to buy a blackpowder rifle/pistol for him that he can use.

ReadyontheRight
October 18, 2006, 02:04 AM
It's just such a sad state of affairs...on so many levels...that the best course of action is not to just call the previous homeowner and tell him to come pick up his/her property.

carpettbaggerr
October 18, 2006, 02:16 AM
Where'd he find it? In the attic? Behind the fridge? In a heat duct? Was it hidden, or just misplaced?
Could it have been overlooked by the previous owner?

bouis
October 18, 2006, 02:24 AM
There's plenty of case law to say that a felon isn't "possessing" a gun if he only keeps it long enough to get rid of it. Sitting on it for a couple days, hours, whatever, while researching what to do it with it might likely be the worst thing to do.

BTW unless there's some special rule for guns, if it appears abandoned and you find it, it's yours. If it happens to be stolen the question is whether you found it under circumstances where a reasonable person would suspect it to have been stolen... check your local laws of course to be sure.

Fn-P9
October 18, 2006, 02:57 AM
Clean off your fingerprints and mail it to the police in 2 boxes. One for the grip and barrel parts and the other for the cylinder. Might cost 10 bucks though lol:neener:

gunsmith
October 18, 2006, 03:19 AM
if I was a felon. easy one way ticket to jail.
cant some one here like a LEO or FFL run the sn?

take it to a park and drop it in a garbage can and call the police and report it/ stand by so no one else gets it.

Personally I would keep it/ try to find original owner

pendentive
October 18, 2006, 03:35 AM
wow...there's some umm....not so good advice here.

don't call the police (ever suspicious)
don't hire a lawyer (waste of hard-earned money and unnecessary)
Instead, have a "third party" (free of felony convictions) come in and retrieve it...and keep it...or try to contact the owner...or pitch it...

surely you have a gun buddy somewhere nearby?


going to the police just doesn't make any sense.

If he goes - you think they're going to believe him? they'll think he's just trying to turn himself in.

If you go (or another friend) - they won't believe you either. They'll think you're trying to cover for your friend...or worse, taking matters into your own hands to make him "come clean".

Unless you happen to have an "Officer Friendly" that is your best friend, or brother, godfather to your kids, etc...I would not turn it in. It's private property that belongs to someone else. What would you do if you found marijuana? Or if they left their dead cat in the closet?

Perhaps a simple phone call to the realtor office to say "I don't want no gun in my house!" If they say "tough"...resort to plan A above (disposal by third party).

I respect our LEOs (both on and off-board) but whoever makes that call is going to look awefully suspicious...and just begging for further questioning...

carpettbaggerr
October 18, 2006, 04:50 AM
Instead, have a "third party" (free of felony convictions) come in and retrieve it...and keep it...or try to contact the owner...or pitch it...
And if it turns out to be linked to a murder? How does the "third party" explain how he came into possession?

sicario103
October 18, 2006, 05:12 AM
Bleh.... You should break that revolver as much as you can and ditch it in a river or drain.

Why?

Because who ever owned it is a complete irresponsible moron for "leaving or forgetting" a gun and therefor should not have a gun at all... Assuming it's a legal gun. If it ended up being illegal.... oh well it's all broken so even if somone finds it won't matter because they won't be able use it anymore.

That happened at the place where I work, a few guys come in to have some drinks. After they leave, one of the waiters comes up to me and tells me to go take a peak. I walk over to the table.... and whats there? A stainless steel pistol on the chair. I took it and put it away.... about 10 mins after the guy shows up all embarrassed.... lucky he's a good customer and friend....

pendentive
October 18, 2006, 10:43 AM
sounds like a very big stretch to me...


Here's a "What if..." that makes more sense:

What if the previous owner comes back looking for it?
(I don't have the answer to that one...just more likely to happen)


As a knifemaker...I have knives all over the place. It's certainly possible that I might leave one behind when I move (stashed somewhere). Unlikely, because I try hard to be thorough...but not impossible.


Like I said, best case scenario is for a third party to contact the previous homeowner and return it. Worst case scenario: felon to take it to the cops in a plastic bag and say "I think this might have been used in a crime" :banghead:

romma
October 18, 2006, 10:49 AM
Geez! get out the crime scene tape...

Kentak
October 18, 2006, 10:52 AM
Good grief. If the guy is a felon he probably has a lawyer. Call the lawyer, explain the situation, and have the lawyer take it from there.

BTW, I, too, am curious. Where in the house did he find it? How soon after moving in?

K

ZeSpectre
October 18, 2006, 11:12 AM
A bit of a puzzler for sure. Here's what I think about some of the options and advice given so far.

a) The origional owner might want an accidentally forgotten gun back.---Personally I agree with those who think that if the previous owner forgot a GUN they shouldn't get it back. Nevertheless, legally it is still their property and if you don't return it you are a thief (and things like that just always come back to haunt eventually).

b) Just destroy/dump it/keep it on the sly.---If the gun winds up being evidence in an open/unsolved case then you are instantly an accomplice. REALLY BAD for your buddy who already has a record.

c) Turn it in via a third party (lawyer). --- This seems like the best idea to me. I would write up a detailed statement about the situation and keep it on file. If the gun does get linked to a crime your buddy will need a lawyer anyway because the police WILL have questions, so why not start the process with one on retainer.

my $.02, take it for what it's worth

ChopperKen
October 18, 2006, 11:15 AM
In the attic, I'm not even sure what make or model it is.
Friend has gotten it handled legally. Hopefully it gets back to the rightful owner.
Ken

gezzer
October 19, 2006, 12:34 AM
Or just keep it 'unfound' until the local PD runs one of those stupid gun turn ins and get a few bucks for it to buy a blackpowder rifle/pistol for him that he can use.


Nope he is banned from them too. Go back to jail ,still considered a weapon as far as BATF is concerened remember black powder , smokless powder, caps all come under them.

DoubleTapDrew
October 19, 2006, 02:08 AM
As for an owner coming back for it, I have a related story.
Old girlfriend's stepdad buys a nice lifted Chevy Tahoe. A couple days later, the previous owner (who was basically a friend) came over and said "I, uh, think I left a weapon under the seat." Went in the rig and retrieved a semi-auto in a nylon holster attached to the bottom of the driver's seat. We shot the breeze for a while and it was no big deal, but had the buyer been a felon and got stopped and searched that could have been bad.
An attic gun though, I imagine fell out of a box during moving, or possibly was stashed for some reason. If it was in the attic I doubt it was very important to the previous owner.

pendentive
October 19, 2006, 11:28 AM
Nope he is banned from them too. Go back to jail ,still considered a weapon as far as BATF is concerened remember black powder , smokless powder, caps all come under them.

This is not true. A felon (in many states) can certainly own a black powder rifle/pistol. On the flip side, there are those that consider even a pellet gun a firearm. :scrutiny: :banghead:

ZeSpectre
October 19, 2006, 12:06 PM
Okay, I have to relate this story now. My best friend's grandfather was a moonshiner in the catskill mountians "back in the day" and he never -quite- gave up the habit. Well in 1986 (at the ripe old age of 91) he passed away and his property and house eventually were sold (fortunately, as it turns out, to friends of the family).

About a year later my friend and I are back home from college visiting and I'm over at his parents place when there is a knock at the door and it's the friend who bought gramp's place and he wants to show us something. So off across the back field to gramp's old house and the new owner starts showing us all of the "smugglers holes" that gramps had built into the house (secret compartments) that held stuff like copper tubeing, "recepies", jars of moonshine, etc. I mean there had to be 10 or more of these little secrets around the house :p

Then came the crowning touch when he takes us back to the front door and says "now look at this" and reaches up to the moulding above the entrance door. Damned if it wasn't hinged and in the hollow behind it was a sawed off SxS shotgun and a box of shells (all covered in cobwebs, probably hadn't been touched in 30 years).
:what:

I guess gramps was trying to be ready if "the revenue" ever came to visit (he he he).

FourTeeFive
October 19, 2006, 12:25 PM
Events like this remind me why I moved away from Massachusetts. A guy finds a gun in his house and has to tip-toe around because HE is scared of breaking the law.

Ridiculous. I never could figure out why MA and CT are so anti-gun, and New Hampshire is the "Live free or die" state.

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