What to do with "abandoned" gun?

[joeislove]

A friend of mine just called me to ask some advice on what to do with a gun she is now in possession of.

Long story short: A friend she had been putting up for a few weeks went on a trip and got stopped for speeding or something. When they ran his ID, they determined that he was actually wanted for desertion from the Army, which she did not know (he told her he had been discharged). Suffice it to say, he's going to be going away for a little while. If/when he comes back, he probably won't be allowed to own firearms anymore anyway.

When he was staying with her, he was keeping a handgun there. Obviously, he will have no use for it in Leavenworth, or wherever they send deserters. So she has the gun. She doesn't really know this guy's family. His ex-boyfriend will be coming to collect his things, but she is reluctant to give him the gun with the other stuff, because he has a history of violence (his violent behavior toward her friend was the reason she had offered him a place to stay in the first place).

Because she is now finding out that he lied about a lot more than just the desertion issue, so she is uncertain now about the gun's origin, and worries that it might be stolen.

What should she do? The idea of keeping the gun around does not bother her, but she wants to make sure everything's legal. Is there a way she can make sure this gun is not stolen? How should she do that?

This is in Georgia.

Thanks in advance.

 

[Fed168]

Contact the local agency and explain the situation.

 

[Hkmp5sd]

If she knows an LEO, he could run the serial number through NCIC and see if it is reported stolen. There used to be a website to check serial numbers called isthisgunstolen.com, but it's been dead for a while. Be nice if ATF or another agency would start a similar site to run serial numbers.

 

[cratz2]

One problem with having an online service to check for stolen serial numbers would be that the governing agencies would want to quickly track the IP address and follow up in person.

 

[Zundfolge]

Can a gun dealer do such a check?

If so I'd rather go to a gun shop and have a civilian run the check for me instead of some cop who may be an anti just waiting to arrest you for possession of a stolen gun.

If the gun ends up stolen then you can call the police and tell them your ex-boyfriend left a stolen gun in your home and you'd like them to remove it (but call a lawyer first, just in case).


BTW, Florida has an online service for checking serial numbers (but they are the only one I found in a quick search) http://pas.fdle.state.fl.us/guns_search.asp

 

[Hkmp5sd]

Thanks for that link Zundfolge. Nice to have. I wonder if FDLE would tie it into the federal database.

To my knowledge, the only way a dealer can run the number is also through a LE agency.

 

[NewShooter78]

Well from the sounds of the situation, she would still not be the legal owner of the gun even if it was clean. Since she is not a blood or marital relation, would she not need to fill out the proper paperwork in order to transfer ownership of the handgun from her friend to herself? And wouldn't he need to sign such paperwork as well? It sounds like the only thing she can legally do is to hand over the weapon to the local LEO agency. After consulting a lawyer of course. Always CYA. Where is Lawdog when you need him.

 

[anchored]

Toss it off a bridge and forget about it.

 

[Jim March]

Ya, I too was pondering giving the gun one final test: see if it can swim in deep water.

I wouldn't trust the cops not to try nailing me with a stolen property charge.

 

[Joe Demko]

I'd be tempted to toss it in a lake, but you never know what kind of important evidence you might be destroying. If it is stolen, the owner would probably like it back. I'd contact local leo anonymously and find out about turning it over to them. Chances of them trying to hang a charge on your friend, while a possibility, aren't that great. Police get all kinds of stuff turned in to them, if they tried to charge everybody who turned in unregistered guns or other contraband with something, they'd get very little else done.

 

[4v50 Gary]

Per se the gun was not abandoned...

Title to the property belongs to the title holder even if it is lost or stolen. If the GI who is probably housed at Ft. Leavenworth makes the effort to reclaim it, and he is indeed the holder of title, her refusal to surrender it could result in "embezzlement" and a resulting court visit. Now, if he owed her some $ and didn't pay, she could put a "lien" on his chattel and the court may award her the gun. Title would then belong to her and she could dispose of it (sell to us ) or keep it. Alternatively, she could surrender it to a LE agency (buyback?) and with a case # and a copy of the report, she's forever protected from any sort of claim by him against her for the gun.

 

[Edward429451]

Maybe an ad could be run in the local paper like the storage places do to give the guy a chance to redeem his property before it is 'forfeit'. Come up with a reasonable storage fee ($5 per day?) and make em transfer it through an FFL since it'll probably be one of his relatives that want it. When no one shows up for it you have legal standing that it came into possession legally even if it was stolen. Keep all paperwork and a copy of the newspaper ad to support you in the future if need arises.

To find out if its stolen, you could find call the gestapo and tell em you're thinking about buying a gun (implying its not in your possession, so no one comes over with charges to staple to your forehead) and want to know if its stolen. If it is..."Splash" If its not..."Ammo"

(Dont trust LEO's to not put charges on you for having it, one of my friends was in a similar situation, and the LEO's said "just give us the item and you wont be charged" so she did and 3 days later guess who showed up at the door with felony charges?)

 

[Jeff White]

First thing is that the GI will probably only be gone for a couple of weeks. Unless there are other charges, they will take him to Ft. Knox, KY where he will be processed out of the Army. Almost no one goes to prison for desertion any more.

He will almost certainly get a discharge that will prohibit him from ever owning firearms again though. So even if he does legally own it, chances are he won't be able to continue to.

I don't know how the police are where she is, but here, a simple explanation of the circumstances would get a serial number run through NCIC and if it wasn't stolen, it would be a civil matter to determine ownership. If it was stolen and the circumstances are as you explained, I couldn't see anyone charging her with possesion of stolen property.

Jeff

 

[Beren]

Call the sheriff, explain the situation, and request to turn the firearm over to them for safe-keeping. The owner may claim it from them if he's still eligible.

If she's worried that the cops may try to tag her for illegal possession, she should contact a lawyer immediately and turn the firearm over to him. Let the lawyer go about turning it over to the police for keeping and work out the details. That'll cost some money, however.

I would not recommend turning it over to anyone other than those mentioned above.

 

[Ebbtide]

If you are really concerned, the proper course of action would be to let the police know.

I too suspect he will be "back on the streets" before you know it. So, you might just want to hang on to it until he returns. I'm also not certain he would be a felon once returned to society. Depending on how far the miltary prosectutor want to push it, he might just be discharged under non-honorable conditions depending on the reason he went UA.

Good Luck,

ehenz

 

[Fed168]

If he does go to Leavanworth over desertion, does that make him a convicted felon? I don't know any UCMJ information. To follow that up, as a deserter, what and whose jurisdiction does he fall under?

 

[Hkmp5sd]

Only a Dishonorable Discharge would prevent him from owning firearms and that is unlikely in a case of desertion in the current military and would require a courtmartial. A DD also counts as a felony conviction.

He will most likely receive an administrative separation by an "Other Than Honorable Discharge." Basically they just don't waste any time on him and send him down the road. No real punishment.

 

[bad_dad_brad]

I would be tempted to advise her to keep it, just for her own protection, but there is a clear trail, unless it is stolen, to her. Ex-boyfriend, if legally owning the gun, can claim that she stole it. If it is originally stolen, and she is caught with the gun, she is in possesion of stolen property, and if the gun was used in a past crime, things could even be worse for her.

In this case, the best thing she can do is retain an attorney and let him handle the matter with the authorities. Why not go to the authorities directly? Well, lots of reasons. That might have worked 20 years ago, but today, it would totally depend on the LEO, as he might just arrest her for possessing a firearm without a FOID. Sad but true.

 

[Zip06]

It seems to be correct that no one does much time for being a Deserter. If the boyfriend has other charges pending she could turn the firearm over to the police then they could forward that information and he could be charged (Federally) for a felon being in possession of a firearm (Desertion is a felony). On the other hand, she could hold the firearm for him until his release or turn it over to the Sheriff for disposition. The simplest thing to do would be to call him or write him and get a signed release for the weapon from whomever she turns the firearm over to.