Unwittingly owned and traded a stolen pistol

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So I got a phone call from a friend at the police department asking me if I'd ever sold or traded "so and so" a particular pistol in the past. When I responded in the affirmative, he informed me that "so and so" had tried to trade the pistol to a local gun store which had the pistol run through NCIC. It came back stolen, so the pistol was seized and turned over to the police department. Naturally, my friend identified me as the one from whom he'd acquired said stolen pistol.

Since I knew not only the guy I got the pistol from, but the two owners before him and was willing to provide that information to the police, I wasn't worried about getting into any trouble. And I knew that they had all come by it honestly and would provide whatever information they could to the police. All were willing to cooperate fully in any investigation. But I felt bad about my friend who, instead of getting a good gun trade that day, instead got his pistol seized.

Now here is where it gets weird. No one from any police agency tried to contact me. A stolen pistol was recovered, I was identified as the previous owner, but no one seemed to be interested in how I came by it. After several weeks, I inquired into the status of the investigation and was told this: First, the pistol was entered into NCIC by a Sheriff's department in another state as stolen back in the late 90's. Because our police department recovered it, it was taken out of NCIC and is no longer listed as stolen. But the Sheriff's department that originally entered it as stolen cannot provide the original victim's information, because, according to an investigator in that department, the most recently elected sheriff "cleaned house" by having all the old records destroyed! My police deparment says that there is a very good chance that the pistol may be returned to my friend since there is no longer an official record of its having been stolen in the first place. As for the Sheriff's department that originally listed it in NCIC as stolen, the sheriff's investigator is leaving it up to the sheriff himself to make whatever official statement is needed by our department as to the status of that pistol.

In the interim, my friend was pretty upset about having his pistol seized. And, even though neither I nor the three previous owners knew of the pistol's stolen status, I felt responsible for my friend's suffering. I told him what our police department had said about the possibility of getting the pistol back but added that I was also willing to return the revolver that he had originally traded to me for the now seized pistol. He eagerly took the revolver back with the promise that, if the pistol was returned to him, he'd give it to me.

Now somewhere out there is someone who had his pistol stolen. But his Sheriff's department let him down by destroying the report. I don't know what, if anything, they are doing about identifying the original victim. On a purely ethical basis, I hope they identify him and get him his pistol back. Failing that, however, forgive me for wishing the pistol returned to my friend so that he can give it to me; I'm out about $400.

I don't really have a question here; just venting. I've heard a lot of cautionary tales about getting bills of sale or other identifying information from all parties one does private gun deals with. That may help one avoid trouble with the law, but it is no guarantee against losing money. I didn't have to give my friend his revolver back, but I thought that I ought to. Unfortunately, the trading back stopped there; the other prevous owners feel no such responsibility. I may get that pistol back one day, but I doubt it.
 
I guess I lost somehow what the law was doing about following the chain of ownership to the one who either stole it or knew it was stolen.
I applaud you for squaring the deal with your friend and hope you get the gun in question back as for the two before you there is always Karma.
I suppose the fact the records of the stolen gun no longer exist means that the cops don't have a victim. Without that maybe they couldn't even charge the thief if they caught him. If that is the case I would keep pressing for it to be returned and get a letter from your friend giving all his claim to you.
 
Seems that after all necessary ballistics checks are ran the gun should be returned to the person that traded it to the gun store.

On another note, it is weird to think that some of the privately acquired guns could have been stolen at some point in their lives and you never will know unless you are willing to subject them to NCIC - which surely means confiscation.
 
When private sales are made,buying a stolen firearm may occur.Keeping that in mind,all one can do is to try to deal with good folks and before shelling out a lot of clams on a very expensive piece,try to get a stolen check before the transaction if at all possible.
 
But the Sheriff's department that originally entered it as stolen cannot provide the original victim's information, because, according to an investigator in that department, the most recently elected sheriff "cleaned house" by having all the old records destroyed!

:eek:
 
Sounds to me like a good reason to keep privately bought firearms private.

Sheriff's depts sometimes do dumb things. My local one had to have an "outside inventory" done after they were unable to return a murder victim's possessions. During the inventory a bomb was discovered in the evidence room that no one knew anything about. It doesn't surprise me in the least that old reports would end up thrown out.
 
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So...

Someone just lost a pistol that someone else claimed was stolen.

But there are no records tracing back to the person who claimed it was stolen so there's no way to know if the original claim is true nor can anyone find out who made the original report.

And yet people who won't post their serial numbers online for fear of having one of their guns reported stolen are labeled as paranoid.
 
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the most recently elected sheriff "cleaned house" by having all the old records destroyed!
I heard of a similar situation in a rural county in our state a while back where the new sheriff tossed out all the odd stuff collecting dust in the locked room. The locked room, of course, was the evidence room. I understand the local prosecutor cut a lot of deals.

BTW, very stand up of you to give the revolver back to your friend. Hope the police return the pistol.
 
The first paragraph is really confusing:

So I got a phone call from a friend at the police department asking me if I'd ever sold or traded "so and so" a particular pistol in the past. When I responded in the affirmative, he informed me that "so and so" had tried to trade the pistol to a local gun store which had the pistol run through NCIC. It came back stolen, so the pistol was seized and turned over to the police department. Naturally, my friend identified me as the one from whom he'd acquired said stolen pistol.

You call the person that called you from the police office "friend", presumably the same "friend" to whom you sold the pistol. This leads me to believe that "so and so", the guy to whom you sold the pistol, is a different person. I'm assuming that the person that you sold the pistol to is not the police officer who called you asking if you sold it to him.
 
Naturally, my friend identified me as the one from whom he'd acquired said stolen pistol.

Naturally? If there was no bill of sale made for the transaction, I might have "forgotten" who I got it from, it was some guy from some gun board...I mean, truth be told, I've traded several firearms where I get them in a private deal, shoot them for a while, either don't like them or get bored with them and trade them away.
 
Always make 2 copies of a bill of sale - for buyer and seller, signed by both, including full ID info for both parties and serial no. For firearms I also include a statement that the buyer is legally able to purchase the gun and will only transfer it in accordance with state and federal laws.

Here in FL such a bill of sale with seller ID is enough to avoid any stolen property charges for the purchaser.
 
And in truth, that Sheriff just MIGHT be acting in accord with his own State's mandate for records purging.

I recall several drill rifles stolen from a vet's org. that the FDLE wanted purged from my agency's records.........I refused to do it and as far as I know they are still listed.

I also remember a M/27 stolen in a burglary from our Mayor's home that showed up ( a LOT worse for wear) after fourteen years..........but it did come home.

In some sense, removing commodities that have a short life expectancy might make some sense, but hardware that'l last several lifetimes ought to remain in those data banks.
 
This kind of thing has always bothered me - which is why I only buy new and never sell or trade anything.

Wish it didn't have to be that way, and I realize it limits my options regarding guns I'd like to own and are no longer made and even hurts the pocketbook, but living in anti-gun NJ it just seems like the best way to avoid complications.
 
Sorry if I confused some people. I did throw the word "friend" around in the first paragraph twice referring to two different people. My friend in the department was asking if I'd traded "so and so" the pistol in question. And I guess it wouldn't necessarily be "natural" for all people to know from whom they'd aquired each and every firearm without a bill of sale. But in this case, I'd traded the pistol to a fellow gun club member friend of mine who remembered exactly who'd traded him that pistol. It was a surprise for everyone involved. "So and so" knew I was neither a thief nor one who associated with thieves, so he was flabbergasted; the gun store did lots of business with him, so they were shocked; I was the last person my friend in the department expected to be identified as having anything to do with a stolen pistol; I knew that the three guys who'd owned it before me hadn't stolen it; etc. And no one I knew who'd purchased or traded for that pistol had gotten it cheap. It went for about what it was worth considering the make, model, and condition. So no suspicions had been raised during each of its four transfers that I was aware of.

Forgive me if I misread a reply or two here, but let me say for the record that I didn't for a minute feel "dimed out" by my gun club friend. He is an honorable man and did what an honorable man should do in such a situation--he provided whatever information he could. After all, if your gun were stolen, wouldn't you hope that an unwitting buyer found to be in possession of it later would help the police trace the chain of custody back to the possible thief?
 
So if you have purchased a pistol FTF and carry it as a PDW, then use it in self defense.. they hold it, run it.. and charge you with stolen weapon.. causing what kinda legal trouble? I guess making sure you got a good bill o sale is in order.. J
 
I just don't get why gun buyers can't search NCIC to make sure that the gun isn't stolen. It would cover their proverbial a$$, the cops would get better information, it would short-circuit guns being handed from person to person for 8 years like in this case. Why don't they open up that database?
 
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