Stolen Gun.

[Merkelman]

Over the weekend had a handgun stolen out of my truck. Called the Police and reported it, and it turned out they caught the guy who had broken into several cars in the area. During the chase he disposed of the gun and the PD have yet to find it. I'm not concerned with the guns value, but worry about some kid finding it and hurting themselves or others.
Also, do I have any liability if the stolen gun is found and someone gets killed or injured?

 

[indoorsoccerfrea]

no. you reported it stolen.

 

[moi_self26]

Actually I believe it depends on which state you live in, and where/how it was secured in your vehicle. Each state has different laws.

 

[The Deer Hunter]

Yes. You can be sued for anything. While you did the right thing by reporting it stolen, and I can honestly say I think you will be alright, but by the track record of senseless lawsuits your not completely safe.

Also, what the police said really set off my BS Alert:

During the chase he disposed of the gun and the PD have yet to find it.

Ok, they chased him, he ditched the gun. They know it was your gun. This does not logically make sense unless they had him detained and checked out the gun, and then he escaped and stole the gun.

So what I think it comes down to is:

1) The police station arrested a man breaking into cars, who had your gun in his possession. They put the gun into evidence. When you called, they realized it has a lawful owner, but don't want you to have it back.

2) They told you that for peace of mind.

Now I have no legal experience whatsoever, but I would definately talk to a lawyer.

 

[Sinixstar]

It depends on the situation of the chase. If they were chasing the guy down - and they could see he was tossing stuff - it would be a logical assumption that one of the first things he would toss is the gun.
If they know this is the person who broke into your car, they caught him while he was breaking into other cars, but he no longer had your gun - then basic 2+2 says he must have ditched it somewhere. If they've yet to find it...

Another common scenario would be - somebody drives BG to a parkinglot, BG breaks into a bunch of cars while the driver circles around. BG gets into the car, unloads a bunch of stolen goods - and they drive to another parking lot. Repeat.

There's a whole host of reasons why the cops may not have found the gun (and probably a lot of other stolen stuff from a lot of other people) that has nothing to do with the cops being shady.

My guess is - that gun's gone, and the cops never had a chance to recover it in the first place. It probably went into the backseat of a beat up old honda civic (possibly stolen as well) within 5 minutes of being removed from your truck.

 

[The Deer Hunter]

Ok. I re read it like 4 times. I guess your saying the police caught a man who they think is the same guy who broke into your car.

 

[johncantiusgarand]

Your situation is precisely why I'm against the plethura of "gun-free zones" that prohibit CCW in most states (mine included). It forces CCW holders to either disarm themselves before leaving their house if they anticipate visiting one of those places or, more typically, leave their handgun locked in the vehicle--which is NOT a secure place to store a firearm.

Another pet peeve of mine is when people (who otherwise would never leave valuables in their cars out of fears of theft) acquire a "beater" handgun to store 24-7 in their vehicle reasoning, "This way, I'll always have a gun handy. And if it gets stolen, I haven't lost much." No, you didn't lose much, but you did just arm a felon. Sadly, my opinions on the latter haven't carried any weight with the people I know who store firearms that way.

 

[beatcop]

1) The police station arrested a man breaking into cars, who had your gun in his possession. They put the gun into evidence. When you called, they realized it has a lawful owner, but don't want you to have it back.

2) They told you that for peace of mind.

Now I have no legal experience whatsoever, but I would definately talk to a lawyer.

Are you kidding?


More than likely they foot-chased some guy for a stretch and the LEO saw it get tossed and decided to continue the chase. When the suspect was caught, the arresting officer ran him to booking and someone else searched for the gun.

Generally-If someone had to commit a crime to gain possession of something you own, you're in the clear....you were not "negligent".

Regardless, evidence is frequently scooped up by bystanders, family members, or criminals who witness the event. If the chase was a long one, at night, in a populated area, or they didn't have a K-9 to sniff for it, it's not a "rare" thing for something not to be found. Myself, I would look hard for a gun lying around.

There is nothing to be gained by the evidence officer not telling someone to come and get their property. It's less paperwork having someone come in and sign one signature block. Please remove one layer of tin-foil, just one.

 

[mcwjr13]

Just get a copy of the police report showing the gun as stolen and the date then file it away as insurance.

 

[TEDDY]

stolen gun

I read that post and I have a question ??how do they know it was a gun tossed.do they know it was your gun???how??my understanding from the post that the perp was in a car and the object got tossed.some of these sinarios dont add up.
and to the officer that thinks the police dont scoup guns.you must have lived a innocent life.from top to bottom they scoup them.I have one,and the retired statey has another.so I know its true.but you are right spectators are thieves too as some guns have been scouped by spectators.

 

[moooose102]

agreed, get a copy of the police report. if you have insurance on your vehicle, report it to the insurance company as well. a lot of times you have coverage for the contents of your vehicle, plus, if there is a lawsuit, it may shift some of the liability off onto them. i also have no legal experience, but when it comes to lawsuits, the lawyers look for the deepest pockets. so if your insurance carrier can be connected with it, that is who the lawyers will be looking to go after.

 

[moooose102]

also, see if you can talk to the arresting officer, if they can give you an idea of where the gun was tossed, you may be able to find it. just be aware though, if you do, it is police evidence. you will need to dial 911 and have a cop recover it.

 

[Myles]

I once had a similar experience. A thief broke into a locked truck, stole my rifle, and was later chased by police through a nearby neighborhood until caught.

No shots were fired, but it took over 2 years to get my rifle back out of evidence.

Good luck.

 

[larry_minn]

so you think the Officer is STUPID enough to steal a gun that is reported as stolen??? The make/serial number is KNOWN to be in the system. If that gun is EVER run for any reason red flags "should" pop up. (I say should because the system does not always work)

So he sells it on street and that person gets caught/squeals. He keeps it at home and IA does a search (you don't think a crooked cop wouldn't be involved in other stuff? ) You are risking your job, pension, freedom to steal a stolen gun???? DUMB. With all the chances to get $$$ with no risk to do that...
Go to the PD and ask for report and have asked when Officer involved is there. Find out the story and get copy for insurance/records.

 

[Merkelman]

Good news! The PD called today and they found the gun after the 17 year old and his parents were told he could face more serious charges if the gun was found and injured someone.
They found it in a culvert, sub-merged in water. The Officer that called said that he cleaned and oiled it and it would be returned to me in 6-8 months after the trial.
Not worried about the gun, just glad it's no longer out there!
The police did an excellent job from start to finish!

 

[bluecowdawg]

The police did an excellent job from start to finish!

except for this part

 

[Guitarslinger46]

Getting ripped off sucks. I usually never carry a weapon in my truck, unless I'm traveling somewhere...usually camping or fishing or whatever. I can't even remember why I had it in my truck at the time, but my Belgian-made Browning HiPower 9mm was stolen from my truck in my office parking lot (I was working second shift at the time). My own stupid fault for leaving my equipment case on the front seat full of microphones, tools, and general stage gear for running the mixing console for the band I used to work for. The thief probably saw my gear case at first, then busted out my quarter window. My Browning was in the door pocket...and they got that too. I also reported mine stolen to the police. The insurance I collected on all my gear paid for new wheels and tires for my truck anyway. Moral of the story, never leave anything in plain site that would be tempting for a thief. Same goes for all those idiots that leave their X-Max gifts in shopping bags locked in their cars. Put it in the trunk, and out of sight.

 

[SaxonPig]

The possibility of a lawsuit ALWAYS exists.

Your defense is that the truck was locked and you made a reasonable effort to keep it secured. The law generally requires a REASONABLE effort.