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Old February 22, 2007, 08:29 PM   #1
Kennedy124
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Lost a firearm on Vacation

Ok, bad move. I know.

If someone turns it in to the police? Will it get trashed if it doesn't make any hits in balistics?(it wont)

Or will they mail it back to me or my FFL?

I think it's in another state to be honest.

Any LEO to help me out with advice?
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Old February 22, 2007, 08:49 PM   #2
Kennedy124
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BUMP

Sorry for bumping so quickly. I need to know how to handle this, there is a loose firearm out there and I'm worried. Do I report it? Will I get it back?
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Old February 22, 2007, 08:59 PM   #3
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Report it. Get the SN on record, so that if it is recovered you have a chance of getting it back. Call the local law enforcement agency where you think that it disappeared, explain the circumstances and get a copy of the report for insurance and liability purposes. It's embarrassing, but its not like your neighbors are going to be looking at you funny. . .

Oh ,and if you have a CCW at home, I wouldn't mention that when you report the loss, unless you are asked. That way, you may get to keep your permit, even though you lost your weapon. . .

Good luck.
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Old February 22, 2007, 09:00 PM   #4
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I would report it as lost to the local law enforcement wherever you were. I wouldn't expect to get it back most likely, but at least it would keep you out of hot water if somebody were to use the gun for unlawful purposes.

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Old February 22, 2007, 09:10 PM   #5
Kennedy124
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Why wont I get it back?

I actually traveled by car through a couple of states. It could be in a number of counties in a number of states. I'm just worried about the legal ramifacations.

EDIT: Won't they just trace it from manufacturer to FFL, to me anyways?
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Old February 22, 2007, 09:16 PM   #6
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I hope you didn't misplace it in NY or NJ, or another anti-gun state. You might/could be charged with a felony, depending upon the state and the local DA. But if you don't report it, the liability if it is used to commit a crime could be horrific. You NEED to see a Lawyer and or contact the NRA, as well as the police covering the region it was stolen in ASAP. I think (double check w/the NRA, I could be mistaken!) there is a federal law that allows you to transport firearms (secured/locked and in the trunk) through all the states, provided the travel is non-stop, straight through and the gun is not in the cabin of your vehicle. This is a tough call to make. I'm guessing that you need to report it to the State highway patrol of the state you suspect it was stolen in "to CYA", just in case it is used in a crime. Good luck!

Last edited by shurshot; February 22, 2007 at 10:07 PM.
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Old February 22, 2007, 09:18 PM   #7
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Although you might have a CCW for the state that you live in.

That does not give you the right to carry it from state to state, loaded in your car.

Some states gets very touchy about people bringing in handguns from other states.

You might just get yourself into a lot of trouble.

Yes you do have to report it stolen / missing.

Yes, you woud hope that if the police recover it that it will be returned to you.

But in some states and also in some municipalities you will be in a lot of trouble - just for having a handgun in your possession....

Next time you will think before you load up Old Betsy for a family vacation...
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Old February 22, 2007, 09:20 PM   #8
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Report It!

Sorry, not yelling just emphasizing. Given that you don't know really what county you lost it in, I'd start with the state police or SBI in each state that is a possibility. Get the serial number on record as a lost/stolen firearm. That way if it's ever used in a crime you've got a record that you reported it.

Closest I've come to this was when an inline muzzleloader got stolen out of my truck 2 years ago. I reported it immediately to local LE. Never have seen it again........pisses me off everytime I think about it.......
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Old February 22, 2007, 09:49 PM   #9
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I don't think you are looking for advice from LEOs in this case. Were you legal in the state or states you may have lost it in? If not, you may get a less than sympathetic response from the police. If it was me, and I wasnn't legally carrying the gun, I'd be talking to my lawyer (a criminal defense lawyer) about any potential problems. I might consider asking a lawer if he could report the fact that his client lost a particular firearm in whatever county it was. A lawyer may or may not do that, the police may or may not accept a report like that from a lawyer, and attorney-client privelege may or may not protect either your identity, or if the police want specifics, your lawyer may get you immunity as a condition of making the report.

If you weren't legal, I wouldn't be worrying about getting it back. I'd be worried about getting arrested. God forbid it's recovered at a crime scene, the police can probably track it to you. If you bought it privately, depending on your state, there won't be a record of your purchase, but they can find the guy who bought it, and that guy is probably going to be able to remember selling it to you. If you bought from an FFL there is a record. If you are from NY, like I am, the State Police already know what handguns everyone in the State has legally.
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Old February 23, 2007, 01:39 AM   #10
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I'm a State Trooper in Texas and I'm not sure about other states, but in Texas, the State Police do not take reports on anything stolen or enter items stolen. That is left up to city police or Sheriff's Dept. Other State Police Dept. may be different. Alot of state are in a compact agreement, meaning that a CCW from one state is recognized in another state, epecially surrounding states. MOST states don't require you to have a CCW to be transporting a firearm if your traveling though. I think the last thing you would want to do is not report it stolen. If you have no idea what so ever to where it could have been stolen, contact your local PD or SO and see if they will at least enter it stolen. Most likely they will to atleast get it entered into the computer. If you don't have the gun entered into the data base as stolen, you for sure will never get the gun back and by some chance the gun is ever used in a crime, you will have a little more trouble explaining how your gun got into the hands of some thug and it was never reported stolen. I don't know how many times I've search some thugs vehicle and found a gun stashed that I knew was stolen, but it was never reported. Not a very good feeling when you have to give the gun back to some crook because the gun wasn't reported, knowng theres a chance that the gun could be used in a crime later on and could have been taken off the streets. Now as far as getting the gun back if it is recovered. I can only tell you how it is done in Texas. It could be different in your state. Anytime a stolen gun is recovered, it has to be released to the owner in person by a judge. The gun is not mailed back or sent to an FFL. There has to be a property hearing and the judge has to release it to you. Now its up to the judge if he will let someone else represent you and release it to that person with your written permission. Like I said, I think the worst thing you could do is not report it. Hope this helps a little.
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Old February 23, 2007, 07:46 AM   #11
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Thanks trooper, you were most helpfull.

I DID report it to each and every county I traveled though, and so far no legal ramifacations.

I told them it had to have been lost in a resturaunt bathroom or somewhere extremely public, as I don't normally travel around kids playgrounds, highschools, or in trash cans hiding things.

But if a cop picks it up, finds out it wasn't used in any crimes, what are the odds of him actually following through with getting it back to me? Or setting a porperty hearing? Will they even call me? From what I hear if the gun isn't criminal-tied, they just chuck it into a room and leave it there forever
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Old February 23, 2007, 08:14 AM   #12
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I just have to ask "HOW DOES THIS HAPPEN?" I mean we aren't talking about a set of keys here, were talking about a firearm!! Carrying a weapon legally comes with a huge responsibility as does gun ownership period. You are responsible for that firearm at all times, if a kid finds your weapon and accidently kills his little brother you have to explain how this boy came to posses your firearm. Not a place I want to be in. Don't mean to preach but I have to ask, did you have the gun in a proper holster made for the weapon? Where was it being carried on you? May I suggest in the future you use a holster with a thumb break or a retention holster like the Bianchi Carry Loc Holster. I sure hope and pray this works out for you and that your firearm finds it in the hands of a responsible party. I also suggest you not carry again without the proper holster. The anti gunners will use a story like this to come against all of us who carry responsible everyday.
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Old February 23, 2007, 08:22 AM   #13
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Not trying to bust your chops here but how does that happen?

When I travel, I'm constantly bump-checking the position of my FA to make sure it hasn't shifted position, much less fallen out.

I can imagine it disappearing from a hotel room or vehicle and not realizing it for a day or two.
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Old February 23, 2007, 09:08 AM   #14
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I don't know how it happend, no drugs or alchohol involved though. I hope I get informed if it's found.
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Old February 23, 2007, 09:24 AM   #15
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I don't understand how you could lose a firearm, and have no idea how it happened, or even what state you were in.
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Old February 23, 2007, 09:43 AM   #16
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Don't listen to the horror stories all is not doom and gloom.

You have reported it lost or stolen, in some states that is not even mandated, so if it turns up at a crime scene you have distanced yourself from it.

If you provided the serial number in the report a cop is not going to just keep it.

I know in Orange county Florida you would get your gun back, even if it was turned in at one of the gun turn in programs.

By the way what states were you traveling through
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Old February 23, 2007, 10:50 AM   #17
Kennedy124
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Midwest to SoCal.
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Old February 23, 2007, 12:49 PM   #18
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Definitely !!!

Report it as well as any supporting information that you have about location, s/n ....anything. Had several stolen in a B & E 3 years ago.....never know if they will be used in a crime and have a detective and ATF agent tap on my door....
Just a couple days ago in Toledo, a vice detective was shot and killed by a 15 yo . They have recovered a Smith Chief's special that they believe to be the weapon. Will be interesting to find out the origin of it and see what happens to the owner. Was a very nice piece in excellent condition, so bet it wasn't purchased in a proper way by the kid even if FTF....
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Old February 23, 2007, 02:06 PM   #19
Kennedy124
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SOS you never saw the guns again?

Has anyone here ever recovered weapons that were lost/stolen? With the aid of LEOs?
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Old February 23, 2007, 04:06 PM   #20
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My fathers gun was stolen about a year ago.
The police called to tell him that it was recovered and he could have it back, but he died before he did.

I sold a shotgun to a friend many years ago. The guns was later stolen, sawed off and used in a failed robbery attempt.
The police took the gun off the body and notified my friend that he could have the receiver back if I gave a written statement that the gun was not in that condition when I sold it to him.
It took less than three months from theft to recovery in that case.

Another friend had a gun stolen and it was used to hold up an undercover cop that same night.
The police came to see me the next day because the gun was never reported stolen. I gave them the name of the person I sold it to and he was able to reclaim the gun some time later
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Old February 23, 2007, 10:13 PM   #21
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Recovered & Returned after 20+ Years

My father had a 1911 stolen out of his office in the mid 1960s. He reported it with serial number and description, and his insurance paid him for his loss.

Around 1987, he received a call from a sheriff's department in Florida, asking him if he had reported it stolen so many years before. When he asnwered affirmatively, they told him it had been recovered in a drug arrest, the case had been prosecuted (with the gun as evidence) and could be released to him, if his local Sheriff vouched for him.

The Sheriff was a patient of my father's, and handled the return personally. He got the 1911 back, but it was in such bad condition that he immediately traded it for a different gun.

So, you can get them back. This made me think there is no "expiration" of the info about a gun that is reported stolen.
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Old February 24, 2007, 01:44 AM   #22
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A friend of mine told me about his father's shotgun. 1897 win. Mpls. MN

He had been burglarized, and lost all his guns. (cira 1955)
He then purchased more guns and recorded the SSN's and took pic's. He was burglarized a second time. and filed the reports this time with SSN's and pic's.
Some years later, while viewing guns a action by the DNR (Minnesota) there was his '97. He brought it to the attention of the DNR officer in attendance. He went home and got copy's of the police report, the pic's and returned.
No deal, the gun was up for action, as it was confiscated. He had to buy it back at action.

Some years later,('90's) he was taken captive by thieves and blindfolded, and beaten in his home as the thieves were looking for money, and got his guns again. He survived that incident because sirens were approaching the area and the intruders were scared away. the sirens however went by, but saved him, and the '97 is still missing.
This poor soul is gone now but the saga of that '97 may still continue.
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Old February 24, 2007, 01:54 AM   #23
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Kennedy, if the officer is doing his job, the odds of you getting the gun back is about 100%. If the gun is enter as lost or stolen and an officer comes in contact with it, he should run the serial number and get a hit on it in which you will be contacted. If the gun was used in a crime, you may have to wait until the case is disposed of before you will get it back, but it will eventually be able to be released to you. My State Police Dept. has a policy that ANYTIME we come in contact with a firearm, even if it is on a regular traffic stop, the serial number WILL be run. A firearm is one of the only items that once it has been entered into NCIC as lost or stolen, it will stay in there until the end of time or the weapon is recovered. Last year I arrested this kid that had a Colt 1911 on him that came back stolen. It was reported stolen in 1984 in Denver from a home burglary. I contacted the owner and he made a summer vacation trip down to South Texas to pick up the gun a few months later. The majority of the time that guns are not returned to the owner is because they were either unable to be located, or just didn't want to make the trip to come get it. In that case, the gun is destroyed. The odds of an officer coming into possesion of your gun and just throwing it into a storage locker and not following up on it are unlikely. Departments have policies that are mandated by the state on stored evidence. Most Departments are going to want to move the evidence out as soon as possible to keep there evidence safes from filling up
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Old February 24, 2007, 01:58 AM   #24
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Reported stolen and/or lost weapons should be entered into NCIC by the report taking agency.
I've seen weapons returned to the owners, after being lost/stolen for years.
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Old February 24, 2007, 11:04 AM   #25
Kennedy124
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Hopefully it is found in one of the counties I notified. I'm not 100% sure of EVERY county I drove through and every rest stop I hit. Cause if not, I can kiss that thing goodbye.
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