I have a friend that I helped with a elk hunt a few weeks ago ( I loaned him a bunch of equipment). When he returned my equipment, he said he has a gift for me at his house and to come over the next day. When I get there he tells me he wants to give me a S&W model 60 .38 special. I was floored, it's a beautiful gun but I'm not sure about the backstory on the gun. He said his friend left it with him 5 years ago and never came back for it, he found out his friend left the country. I haven't brought the gun home yet, but what do I do, do I go to PD to make sure the gun is not reported stolen? Can they do that at a gun store? I really want to accept this gun but I don't want to make a bad decision. My friend is very trustworthy but I'm not sure it's worth me having to explain to PD that my friend has the gun if it's been reported stolen. Any advice?
Friend wants to give me a gun, but...
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burrhead
Member
I'd just take it and thank the giver. I see all this angst on gun boards about the possibility that a gun is stolen and think it's a little far fetched. Suppose instead of a gun he wanted to give you a fine watch under the same circumstances. Would you be afraid that Rolex was hot?. Do you think the cops are going to break down your door to check out the pistol? Unlikely.
Much ado about nothing.
Much ado about nothing.
ColtPythonElite
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Yep, I would take it and walk away with a smile.
So don't use it as a carry gun.
Good Ol' Boy
Member
Other than a family hand me down I would want any other gun to go through a FFL.
But that's just me...
But that's just me...
ray15
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I don't see any risk here - I'd take it. If you are concerned about the gun's history you can call most local LEO offices and have them check the NCIC database. You need to have the gun in your possession to do so because if it comes back stolen or involved in a crime they'll expect you to bring it to them. So unless you've paid for the gun there's nothing to lose.
CLP
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VINTAGE-SLOTCARS
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Do it the right way. through an FFL.
ArchAngelCD
Member.
That is probably your best choice although I'm not inclined to tell the government anything I dont need to.
Only accept the gun without doing a transfer if it's legal in your state. No reason to turn a legal gift into something that's bad.
NIGHTLORD40K
Member
There are websites that advertise access to LE stolen gun databases. Might be worth investigating, but I would do your research first on which sites are reputable.
MedWheeler
Member
I took a beat-up 12 gauge single that way about 25 years ago. Somewhere along its life, it had some questionable purpose, having been cut down at both ends (though still legal by all required measurements) and the remainder of the butt wrapped in electrical tape. It came to me from a trusted friend, but he'd gotten if from a brother in another state he was visiting. He had tried shooting it twice, hated it, and had no desire to keep it. I thought it would make a good blueing-learning tool, but never got around to trying it.
In your case, you probably are better off going through a dealer simply to ease any anxiety. If it were me and situation presented as you have described, I'd accept it then and there. If I wanted to carry it, I would without hesitation.
In your case, you probably are better off going through a dealer simply to ease any anxiety. If it were me and situation presented as you have described, I'd accept it then and there. If I wanted to carry it, I would without hesitation.
buck460XVR
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Only issue I would have, is that the gun isn't really your friend's to give. Otherwise, it's no different than any other FTF sale. So unless your state requires a FFL transfer, it doesn't really matter. You're not knowingly accepting stolen property.
redneck2
Member
Dunno about where you live, but in Indiana we can do F-T-F legally. If you don't wanna do the dealer transfer, get a bill of sale and pay him $1. That makes it legal by the Uniform Commercial Code if I remember my business law class correctly
usp9
Member
What redneck said. If you're nervous about it put the transaction in writing.
Theohazard
Member
Doing the transfer through an FFL won’t necessarily let you find out if the gun is stolen. FFLs have no access to the NCIC database, so unless your state requires the police to get involved in firearm transfers and they run the serial number in the process, or if the FFL has contacts with the local police who are willing to run used guns through the system (most often the case with pawn shops), the transfer could go though an FFL even if the gun was stolen and nobody would ever know.
Just do the transfer privately face-to-face (if it’s legal in your state). However, if you’re not both residents of the same state the transfer must go through an FFL per federal law.
Just do the transfer privately face-to-face (if it’s legal in your state). However, if you’re not both residents of the same state the transfer must go through an FFL per federal law.
AlexanderA
Member
This. When the dealer calls in the transaction to NCIS, he doesn't report the serial number of the gun. The information regards the buyer, not the gun itself. The gun information goes on the Form 4473, but that stays with the dealer. There's no cross-checking with a stolen-gun database, unless the gun is later recovered in a crime.
RecoilRob
Member
This is what came to my mind reading this too. Friend 'left' gun with him....was it a gift? Did friend intend for this to be permanent....or was it a loan or just safe keeping? Are FFL-less pistol transfers legal in your state? If not...then I'd not take the gun unless the current holder and former owner had completed the transfer. If the gun was given as payment or a gift....then OK on completing the paperwork to make it legally yours. There's just a wee bit of grey area here that could come back to bite you if the planets align just the wrong way.
BSA1
member
Exactly. Since you are the "buyer" you should know whether or not you are a prohibited person.
I don’t any problem with your friends story as it is usually not legal to take a handgun with you when going to another country.
However since your gut instinct is not to trust your friend I would simply go a Community Police Substation and have the Officer run the serial number.
Yep. Just get a receipt. Whatever the gun was "involved" with before doen't matter. You have a piece of paper as long a FTF sales.transfer are allowed in your State. Going through a FFL does nothing.
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