How does this happen? Buys stolen gun from retailer?

[Ziggidy]

Man arrested after retailer sold him a stolen gun!

KARE 11 Investigates: Man handcuffed after retailer sold him a stolen gun

A KARE 11 investigation exposes a major flaw in the nation’s ability to track and recover stolen guns.

www.kare11.com

 

[edwea]

This will be used to argue for a national registry.

 

[Mgderf]

Should be easy enough for him to prove he bought it from a dealer.
In my opinion, he's in the clear, although it may take time for authorities to admit such.

 

[Ark]

Should be easy enough for him to prove he bought it from a dealer.
In my opinion, he's in the clear, although it may take time for authorities to admit such.

Yep. I understand the police at the scene doing what they did, when you catch someone with a stolen gun you can't just take them at their word. But it should be very easy to pull a receipt and 4473 and demonstrate that he clearly didn't steal the gun or knowingly purchase stolen property from a large retailer.

 

[snorko]

Sounds like everyone involved in the primary incident stayed calm and polite. Glad to see that.

This will be used to argue for a national registry.

I had several firearms stolen back in 1994. I still get a call once a year from the local PD to ask if any had been recovered. They stay in their records that way. I can see the benefit of an accessible database of stolen guns but you know there would be huge gaps in updating the data.

 

[2in1evtime]

But the cost of attorney fees will probably bankrupt him, but after reading the whole article i see i didn't

 

[edporch]

How does this happen?
Easy, a thief sells a stolen used gun at a gun shop and the gun shop owner has no way of knowing it's stolen.
Then the gun shop owner sells it to a customer.

THIS happened to me...
Maybe 25 years ago or so I bought a really nice M1 Carbine from a local gun shop.
Six months to a year or so later I was informed that it had been stolen by a guy in Illinois who stole it from a man he worked for.
The thief then came to Indiana and sold it as a used gun to my local gun shop.

The thief confessed to stealing it and told the Illinois police where he sold it here in Indiana.

I met with an Illinois cop at the Rensselaer Police station and returned the M1 Carbine.
MY local gun shop owner REFUNDED my money.

ONE INTERESTING thing that I don't understand, the Illinois cop who picked it up from me told me that if I wanted to be a pr*ck about it, I could refuse to return it and keep it.
(I have NO idea under what legal theory that could be true?)
I told the Illinois cop, "No, this isn't mine, and I don't want it".

 

[jsx1043]

How does this happen?
Easy, a thief sells a stolen used gun at a gun shop and the gun shop owner has no way of knowing it's stolen.
Then the gun shop owner sells it to a customer.

THIS happened to me...
Maybe 25 years ago or so I bought a really nice M1 Carbine from a local gun shop.
Six months to a year or so later I was informed that it had been stolen by a guy in Illinois who stole it from a man he worked for.
The thief then came to Indiana and sold it as a used gun to my local gun shop.

The thief confessed to stealing it and told the Illinois police where he sold it here in Indiana.

I met with an Illinois cop at the Rensselaer Police station and returned the M1 Carbine.
MY local gun shop owner REFUNDED my money.

ONE INTERESTING thing that I don't understand, the Illinois cop who picked it up from me told me that if I wanted to be a pr*ck about it, I could refuse to return it and keep it.
(I have NO idea under what legal theory that could be true?)
I told the Illinois cop, "No, this isn't mine, and I don't want it".

A lot of pieces missing from the Illinois side, but statute of limitations could apply, pending that time had run out on the clock for the thief to be charged

 

[grillak]

Sounds like everyone involved in the primary incident stayed calm and polite. Glad to see that.

I had several firearms stolen back in 1994. I still get a call once a year from the local PD to ask if any had been recovered. They stay in their records that way. I can see the benefit of an accessible database of stolen guns but you know there would be huge gaps in updating the data.

there is already a federal database of stolen firearms. and it is maintained as well as everything else the government handles

 

[grillak]

How does this happen?
Easy, a thief sells a stolen used gun at a gun shop and the gun shop owner has no way of knowing it's stolen.
Then the gun shop owner sells it to a customer.

THIS happened to me...
Maybe 25 years ago or so I bought a really nice M1 Carbine from a local gun shop.
Six months to a year or so later I was informed that it had been stolen by a guy in Illinois who stole it from a man he worked for.
The thief then came to Indiana and sold it as a used gun to my local gun shop.

The thief confessed to stealing it and told the Illinois police where he sold it here in Indiana.

I met with an Illinois cop at the Rensselaer Police station and returned the M1 Carbine.
MY local gun shop owner REFUNDED my money.

ONE INTERESTING thing that I don't understand, the Illinois cop who picked it up from me told me that if I wanted to be a pr*ck about it, I could refuse to return it and keep it.
(I have NO idea under what legal theory that could be true?)
I told the Illinois cop, "No, this isn't mine, and I don't want it".

i would think because you had no criminal intent and did not knowingly buy a stolen item.

 

[Peacekeeper3073]

This will be used to argue for a national registry.

It already exists they just don't call it a registry.

 

[cosermann]

...I met with an Illinois cop at the Rensselaer Police station and returned the M1 Carbine...

I wonder if the original owner ever got it back.

 

[edporch]

I wonder if the original owner ever got it back.

That's a good question.
This happened many years ago, and the Illinois cop was a good guy who seemed sincere to get it back to the owner.

If this rifle was in the hands of the Indianapolis police department today, it would likely be years and a minor miracle if the owner ever got it back.

 

[Nazgul]

Wait....doesn't the NICS check use the serial number on the firearm? Section A on the form has all the info. Why wouldn't it kick out then?

Don

 

[Patched]

Wait....doesn't the NICS check use the serial number on the firearm? Section A on the form has all the info. Why wouldn't it kick out then?

Don

That would make sense.

However, my understanding is that the gun details are not what gets transferred to the Feds - it's info on the buyer to verify eligibility. Then its the dealers responsibility to keep the info tying buyer to item purchased.

 

[Refrigerator27]

That would make sense.

However, my understanding is that the gun details are not what gets transferred to the Feds - it's info on the buyer to verify eligibility. The its the dealers responsibility to keep the info tying buyer to item purchased.

This is correct. more proof that the 4473 and NCIS background check system is flawed and doesn’t stop gun crime

 

[KoopaKGB]

ONE INTERESTING thing that I don't understand, the Illinois cop who picked it up from me told me that if I wanted to be a pr*ck about it, I could refuse to return it and keep it.
(I have NO idea under what legal theory that could be true?)
I told the Illinois cop, "No, this isn't mine, and I don't want it".

Maybe the original owner had already been paid out by his insurance company so the carbine might not have legally belonged to him anymore, it would be property of the insurance company to send it to auction, to recoup the claim loss?

 

[grillak]

Wait....doesn't the NICS check use the serial number on the firearm? Section A on the form has all the info. Why wouldn't it kick out then?

Don

the database for stolen guns is a seperate section of the nics.

the nics is broken into several sections. 1 for employers to do bg checks, 1 for social security, 1 for ffls, 1 for pawnshops, 1 for le, etc...

i believe the only agency that has access to all of nics is the nsa

 

[Nazgul]

the database for stolen guns is a seperate section of the nics.

the nics is broken into several sections. 1 for employers to do bg checks, 1 for social security, 1 for ffls, 1 for pawnshops, 1 for le, etc...

i believe the only agency that has access to all of nics is the nsa

It was my assumption that when you went thru an FFL it was to make sure the fire arm was not stolen.

So a private seller/buyer insisting it goes thru an FFL has no additional info on if the gun is stolen or not. Kind of puts shade on some one insisting on it for a private sale.

Don

 

[DoggyDaddy]

It was my assumption that when you went thru an FFL it was to make sure the fire arm was not stolen.

So a private seller/buyer insisting it goes thru an FFL has no additional info on if the gun is stolen or not. Kind of puts shade on some one insisting on it for a private sale.

Don

It still ensures that they're selling to a "proper person" though.