There might be a technical violation, but I can't see any sane DA bringing stolen gun charges unless he could show that the person knew the gun was stolen. However, in NY, there is total handgun registration and no individual transfers are permitted. So, the person almost had to have acquired the gun in an illegal manner, another charge that could be pursued.
Also, gun theft reports based on serial number are often erroneous. Before BATFE issued its current regulations on serial numbers (unique to a maker), makers commonly started each new model with No. 1, so there could be as many duplicate numbers as there are models. And that doesn't even address guns like the Luger, where a full description has to include the number, the suffix letter, the maker and the year of manufacture.
In this case, though, I would not stand up for the guy without knowing a lot more about the situation.
As to walking into a police station with a "found" gun, DO NOT DO IT. If you find a gun, leave it where it is, and call the police. DO NOT PICK IT UP, DO NOT CARRY IT, DO NOT LEAVE IT UNATTENDED if you can help it. If it is a valuable gun, you might consider it a nice find, but no gun is valuable enough to go to prison for.
If you pick it up and it turns out to be a murder weapon, your prints are on it and you might have a hard time convincing some zealous cop that you aren't trying to play games with evidence. If you take it to the police, you could be charged with carrying a gun without a license, as well as tampering with evidence. Those are serious charges, believe me.
Jim
Also, gun theft reports based on serial number are often erroneous. Before BATFE issued its current regulations on serial numbers (unique to a maker), makers commonly started each new model with No. 1, so there could be as many duplicate numbers as there are models. And that doesn't even address guns like the Luger, where a full description has to include the number, the suffix letter, the maker and the year of manufacture.
In this case, though, I would not stand up for the guy without knowing a lot more about the situation.
As to walking into a police station with a "found" gun, DO NOT DO IT. If you find a gun, leave it where it is, and call the police. DO NOT PICK IT UP, DO NOT CARRY IT, DO NOT LEAVE IT UNATTENDED if you can help it. If it is a valuable gun, you might consider it a nice find, but no gun is valuable enough to go to prison for.
If you pick it up and it turns out to be a murder weapon, your prints are on it and you might have a hard time convincing some zealous cop that you aren't trying to play games with evidence. If you take it to the police, you could be charged with carrying a gun without a license, as well as tampering with evidence. Those are serious charges, believe me.
Jim