What to do if you find a gun?

[The Avatar of Time]

Hello All,

*I made a whole story out of what should have been a quick question, so I decided to put the actual question up here at the top to save the uninterested from reading the whole post.

I have a friend that found an old sawed off (still legal length) shotgun out in the country. I'm curious as to what must be done legally about that. We live in Kansas. He would of course like to keep it, and I would enjoy nothing more than the challenge of making it nice and pretty again. However, neither of us are too interested in a lengthy jail sentence either.

Here's a bit of back story on it, for the interested:

It wasn't hidden clear out in the bushes or anything, from what he told me it was fairly close to a gate by the road (a dirt road, out in the country where he was hunting). It's obviously been there quite a while because it is extremely rusty and the bolt is locked shut.

It's an H&R Model 400 12 gauge pump-action (not that that's relevant to the question at hand, but I like to be thorough).

Now my first thought was that a hunter must of dropped it or something (perhaps they were doing more drinking than hunting and got forgetful). However, the barrel has been sawed off. Now it's still within the legal range, but if it's sawed off I would be somewhat doubtful that it was a hunting gun.

My father thought maybe it had been used in a crime and dumped out there. That's possible, but if I were hiding a gun I'd take it more than five feet from the gate. Also, if it was for illegal purposes I would think it would have been sawed off shorter, with no regards to legal length.

My opinion is that it was likely someones home defense shotgun, and he and his friends were out in that area drinking and dropped it there. I've seen people (idiots in my opinion) leave guns on their flatbed pickups, so it's no far fetched that this could be the case. Overall I suppose it doesn't matter how it got there.

Here's a picture of an H&R 400 barrel and receiver (obviously not the one in question....): http://www.gunbroker.com/Auction/ViewItem.asp?Item=135932798

The gun in question is sawed about halfway between the tip of the barrel and where the magazine tube starts (on the one in the picture) give or take. I think it's a little over 20" whereas the legal minimum is 18 3/4, or somewhere in there. I don't have it in my possession and I don't remember the exact measurement. My point being if I were going to saw one off for criminal purposes (which I would never do, because that would be illegal ) I'd go clear back to the magazine tube, short as I could get it.

Also the serial number is still on the gun, it hasn't been filed off. So best as I can tell it would be a perfectly legal gun to own. However I don't know what all the laws are regarding finding things like that. It's in really bad shape (but I can fix it! ) so I would doubt the original owner, if he had lost it, would care to have it back, but who knows.

So now that I've finished my rambling my question is: what should be done with this gun? I'm afraid that if it's taken to the police they will keep it regardless of whether it's illegal in any way.

See here for an example of why I think that: http://blogs.ajc.com/bob-barr-blog/2009/08/26/police-run-roughshod-over-lawful-handgun-owner/

But I'd rather have the police keep it than see anyone go to jail. If it was used in a crime I'm not sure "Oh, I found it." would keep you from getting arrested. If it were mine I would probably just keep it and not tell anyone I had it. But this guy is a bit younger, and I don't want to see him get in any trouble.

Anyway thank you for the advice on this.

 

[OldMac]

If it is your property, then keep it. Whoever lost it shouldn't have been there anyway and would have told you if they lost their gun. If it was not your property, I would tell the owner that you found a shotgun. They may have had family or friends who reported a lost shotgun to them and would love to have it back. Otherwise, if you are worried that it was used in a crime, then call the sheriff's office. You don't need to give all the details or the gun if you don't want unless they tell you that they have a case they wish to explore further. If it turns out your gun was used in their case, then you were a good citizen helped make our country better. If they don't care about it, they will give it back or not even take it in the first place. If someone had committed a crime against you, wouldn't you hope an honest citizen would step up and help the police solve the crime? Most LEOs are honest and will not try to steal your free gun, at least not that one. No disrespect, but it is not worth their job.

 

[nalioth]

What do you do when you find a golf club?

What do you do when you find a hand saw?

What do you do when you find a dvd?



A gun is just another object.

Good grief, how far the demonization of "guns" has gotten . .

 

[The Avatar of Time]

Thanks for the replies.

OldMac: No, it wasn't my or his property. I'm not sure where he found it, but telling the owner might not be a bad idea, in case they do know who it belongs to. Not sure why I hadn't thought of that. I live in a small town/country area, so the cops should be far more sensible than if I was in a major city. I did try to do a google search of recent shotgun crimes in the area and didn't turn up anything. And no disrespect taken. I realize it's a worthless rusted up POS at the moment. I don't think they'd 'steal' it, more so curious about how bad the laws have gotten and whether they would be required to keep it.

nalioth: I don't mean to imply demonization of guns, I was just curious about the legal requirements for this situation. Wasn't sure what would happen if the gun was used in a crime and I was caught in possession of it (though it's unlikely the issue would ever come up). The substantial difference between a gun and a dvd is that it's doubtful anyone was killed with the dvd. I do understand what you are saying though. On another note: It's nice to see another Linux user. You should try Arch Linux instead of Ubuntu

Thanks again for the advice.

 

[JohnBT]

It's doubtful anyone was killed with the gun either. I'd mention to the landowner that I'd found a gun. The person claiming to have lost it would have to describe it in pretty good detail.

John

 

[chbrow10]

Why not do what they tell kids to do when they find a gun? Leave it alone and tell the police.

That is the safest thing to do, IMHO

 

[Carl N. Brown]

Could be lost, possibly reported missing, maybe reported stolen, or deliberately abandoned for some reason (one could speculate "used in crime", "dumped by poacher, burglar or other illegal possessor who decided he didn't want to caught with it", endlessly). I would turn it in as "lost and found" abandoned property (all you can really surmise). And avoid having my fingerprints on it.

 

[The Avatar of Time]

JohnBT: that sounds like a pretty good plan. Probably what I'll try to do, as well as possibly calling the cops.

Ultimately it's not up to me, I'm just trying to get some advice for the kid that found it.

chbrow10: That probably isn't a bad idea, but I didn't find it, and it's a bit late for that. Also I think that is more for kids (I'm an adult) so that they don't hurt themselves with it. Since so many parents won't teach their kids about guns. *After rereading this I just wanted to make sure I didn't come across as arrogant/offensive. Certainly not trying to.

Carl: I hadn't really thought about it being a poacher's gun. That's quite possible. I'd more or less ruled out any kind of hunter because of the sawed barrel, but it's still possible.

I think I'll go ahead and call the local police and see what they think, but it's up to my friend (and no, this isn't one of those 'my friend' hypotheticals where it's actually me that is 'the friend' there really is a 'friend' in this story) whether or not to turn it in I guess. I assume he'll take whatever advice I give him, since he asked for it.

 

[TimRB]

I would turn it in to the police. It is not your friend's gun, and the rightful owner would probably like to have it back, especially if it was stolen. It may have been used in a crime, and for all anyone here knows, is the one missing piece of evidence that everyone has been looking for. Do the right thing.

Tim

 

[theotherwaldo]

As I have done each time that I have found a gun or acquired a gun in a non-traditional way, I call each local police jurisdiction and tell them that I have "picked up" (make, model, S/N) firearm and I want to make sure that no one is looking for it. No problem.

 

[freakshow10mm]

Call your local police agency and ask them to run it through NCIC. If it comes up blank, keep it.

 

[gidaeon]

I would turn it in to the police. It is not your friend's gun, and the rightful owner would probably like to have it back, especially if it was stolen. It may have been used in a crime, and for all anyone here knows, is the one missing piece of evidence that everyone has been looking for. Do the right thing.

+1k
if its clear and they don't care for whatever reason and you get to have it w/ their blessing then great, but at least its entirely legit that way.

 

[Warhawk83]

Some kid probably stole it,got scared, and threw it out the window of his car in a "rural" are where no one would ever find it. My policy on finding guns : Call the police, if you must pick it up make sure you have gloves on. You could go all CSI Miami, if it's a handgun pick it up with a ball point pen by the trigger-guard. Keeping the gun could end VERY badly for your friend, say he has it in his vehicle and gets stopped. Cop sees it has been sawed off and doesn't care to break out a tape measure, takes the gun, gun comes back to a crime. Guess who Suspect numero Uno is?

 

[jfdavis58]

First you should have called the cops--opportunity squandered--that's right, just like a little kid-don't touch, move away, call for an adult--guess it didn't stick in your case.

Now it's got your prints and probably your DNA from all the slobbering you've done all over it.

Get a gun-friendly lawyer, tell your story, make sure you pay him so he knows any finders/keepers situation reverts to you. Follow his advice about notifying LE.


Am I being succinct, tactless and abusive---HELL YES, you're in a world of hurt if that gun has a criminal pedigree, and you and your buddy need to grow up fast. Guns found on the ground fall into a classification of items that includes stolen purses & wallets, drug paraphernalia and human body parts-the possessor is most likely the perpetrator.

 

[CoRoMo]

Honestly, I'd...

• Find out if the gun were stolen, via serial number search.

If so, I'm done with this gun.
If not...​

• Clean gun. Shoot gun. Enjoy gun. Or sell gun.

 

[The Avatar of Time]

First off, thanks again for the polite helpful posts, I appreciate them. What I'm going to do is call him, suggest that he call the police to inquire about it, and go from there with their advice. What he actually does I have no control over.

 

[The Avatar of Time]

jfdavis58: What is wrong with you? Have I done something to you that I am unaware of? Why would you speak to me in such a way? Did you even READ your own post?

Calling me a little kid... slobbering all over the gun... You realize I would like nothing more than to stomp your teeth out of your head don't you? How in the hell can you be so insulting to someone you don't even know?

Isn't there some posting rule about not being an abusive *******?

 

[conw]

nalioth, the difference is that a) those items are rarely involved in major crimes prior to one finding them on the ground (this isn't a demonization of guns, just a fact, and any pro-gunner who denies facts - such as "guns sitting by the side of the road were often used in crimes" - needs a reality check; I for one would rather help solve a crime than get a free gun, as others have said) and b) there may be local laws about finding guns, regarding transference of ownership of those guns, etc.

Also, to the OP...don't let someone flame bait ya.

 

[chevyforlife21]

i dont know how u could forget a gun in the woods unless someone was real drunk or its purposly left there. id keep it it should be legal anyway.

 

[The Avatar of Time]

Well I hope I edited it good enough for everyone. It probably was a bit excessive.... but I refuse to say nothing about it. I just can't grasp why people want to be like that.

 

[Sniper X]

jfdavis58, No he's not, he found it, so he can call the police and tell them the story and that will be the end of it. I think you are being exactly as you describe, and that isn't taking the high road.

 

[CoRoMo]

I'd not make the attempt to research the gun's legality via the police.

I'd pay a pawnshop to do it. If they do this when a gun is brought in for hock, they can do it for me when I find one.

 

[JohnBT]

I never knew there were so many paranoid people roaming around.

And I work with individuals with disabilities.

 

[2nd 41]

Why not do what they tell kids to do when they find a gun? Leave it alone and tell the police.
That is the safest thing to do, IMHO

This gets my vote.

 

[HOME DEPOT GEORGE]

Wow for all you guys who said keep it clean it and shoot it I hope none of my guns never get stolen and dumped somewhere.