Stolen gun recovered now what?

ks40 · November 27, 2010, 11:35 AM

Please help. I had a gun stolen 3 years ago. I reported it stolen when it was missing. The police called me yesterday and said they recovered it from a known drug dealer during a search warrant. I had assumptions my ex may have taken it, but I had no proof. I left him because I found out he was into drugs. The cop said he will put my name on a supoena. Why do I have to go to court if Im the victim?
It gets more complicated. I bought it from a friend, legally, at a licenced gun shop. We transferred the registration at the gun shop, but turns out the shop never transerred it, so it is still in my friends name, but I was contacted because I was the one who reported it stolen.
What happens at these type of hearings where you are supoened? I am scared for this "known drug dealer" to even see me, as I do not want him coming after me after all is said and done. It may be someone my ex used to hang out with. That also scares me, becasue what if my ex told him it was my gun and he turns around and says to the courts that I sold it to him, or I gave it to him, which I did not. Will they look at me like I filed a false police report? Im so scared please help!!

EarlFH · November 27, 2010, 12:02 PM

I'm sorry to hear about your problem. The cops don't care what happens to you. and depending where you live, will resist giving it back to you, especially since the transfer didn't take place, so you could be accused of having an illegal gun. I would recommend getting a GOOD lawyer, who is knowledgable in gun problems like you have. I know there is an organization on-line, that will recommend lawyers in your area that can help you, with this type of problem, but unfortunately I don't know the name of the website. Hopefully someone else here can provide that information. Good luck on this.

EarlFH

kraigwy · November 27, 2010, 12:23 PM

You are going to court to confirm that the gun was stolen and you didn't give the gun to anyone. It is evidence to what ever gun crime they may be perusing. Don't worry about it, your not going to be charged. Its common.

I've been there on both sides, as a LE officer in gun cases and a victim twice where I got guns stolen

You do understand you wont get your gun back until after the case is over, but then you shouldn't have any problems. Again, don't worry, the prosecutor will get with you prior to you going to court to explain what is going to happen.

When my home was burglarized they took several (28 if I remember right) pistols. We caught the guy(s) and got all but three back. I was shooting for the NG pistol team at the time and was able to get three that I needed for competition before the trail, since they had plenty others for evidence.

The second time was when I took a rifle team to the Wilson Matches, One of our rifles was stolen, and recovered the next day. Some idiot baggage handler was drunk and waving it around in down town Little Rock.

Anyway the problem with this gun was I reported it, it was recovered, (this was in the 80s) only to find out it had been reported stolen in 1968 and not recovered. It was a Government rifle so lots of paper work involved not to mention I got my butt chewed for not know it was stolen before (I was in Vietnam in 68 and had no involvement with the AK NG). It's just what ever officer is charge gets the ass chewing, it comes with the territory.

Anyway in your case, you have nothing to worry about. Just listen to the prosecutor, do what he says, and tell what you know when (and if) you get on the stand.

Take into account that most of these cases are settled without trail. Keep in contact with the DAs office so you can get your gun back when its over.

ks40 · November 27, 2010, 03:07 PM

Thank you for the replies. I just came from the gun shop and got a copy of the paperwork work filled out on it to show that the transfer was done, or supposed to be done. If these people who had the gun try to say that I sold it to them, will they belive them? I didnt but that is what scares me. I dont want to get charged with perjury or anything like that.
I dont care what they do to the gun, they could throw it in the fire pit, I dont want it, especially after its been in the hands of a criminal.

kraigwy · November 27, 2010, 03:27 PM

Quote:

If these people who had the gun try to say that I sold it to them, will they belive them?

I highly doubt it. You reported the gun as stolen at the time it was stolen. What more could you do?

First off, stop worrying. What Prosecutes do, is stack charges with the the intent to get the guy to plead out on the more serious charges. To do that, they have to add the gun crime charges. They need you, as the victim of the gun charge (theft of your gun) to assist in that goal.

Like I said "IF" it goes to trail, you'll be contacted by the DA's office to go over your testimony. This is quite common and necessary. I'm sure you've heard the quote, regarding lawyers, especially prosecutors, "never ask the question that you don't know the answer in advance". The DA will know your answer long before you get on the stand.

Chances are, if they were going to charge you with any thing, as in furnishing a gun used in a crime, you'd have known about it long ago.

Please understand, this is a common tactic, they need you as a witness. There is no need to worry. Tell the truth and there is no chance that you can be charge with perjury.

Capt. Charlie · November 27, 2010, 04:03 PM

Kraigwy nailed it. The druggie is undoubtedly being charged with Receiving Stolen Property for the gun, or your state's equivalent of it.

Most likely, you'll only be on the stand for a few minutes. You'll probably be shown the gun and asked if you ever owned it, and if you reported it stolen. Most of your answers will simply be "yes" or "no".

Don't sweat it; it'll go quick & smooth, and you might even find it fascinating.

jrothWA · November 27, 2010, 06:28 PM

the ATFE will be reviewing him and they will likely testify that you completed all required paperwork and are not involved with any illegal activities.

My first 2" was bought at a Ohio gun show and I filled out the 4478, six weeks later I read in paper that the dealer was raided by BATF (as then called ) for gun running into NYC. (Mid-80's)

was never contact by any LEO system to confirm a legal owner.

Daryl · November 27, 2010, 08:31 PM

The legal document they'll serve you simply insures that you'll show up, and the court's time won't be wasted in scheduling a hearing.

They want to ask you questions to double check that the gun was indeed stolen, and that it wasn't mistakenly reported stolen. You'll be under oath when you make your statements, so just be truthful and tell them what happened.

They have to double check the facts before they can charge the person who had the gun with possession of a stolen firearm. It's probably a felony charge, so they want to cross the "T's", and dot the "i's" as they go through with prosecuting the case.

Your the victim, and victims are often required to testify in court. It's really no big deal; just tell them the truth, and they'll take it from there.

Daryl

DPris · November 27, 2010, 08:43 PM

Above all, stop panicking.
As advised above, to prosecute they need to establish ownership of the gun & that it was stolen.
They can't do that from a report, it has to come from you.

You're working yourself up over nothing.
Why would you be worried about perjury?
You testify that you owned the gun, it was stolen, you did not sell it to anybody, and that should mostly be it.

And- there is zero need or point in getting a lawyer.
You show up when you're supposed to, you talk to the prosecutor before the show starts, you get on the stand when it's your turn, you tell your story, you answer any questions the prosecutor or defense attorney may ask, you step down, and you go about your life.

If you want the gun back when it's all over (which could take some time, depending on what processes have to run where you are), you check with the PD after the trial to follow up. If you don't, you can advise them of that decision.

Denis

KyJim · November 27, 2010, 08:53 PM

I think you are worrying too much about all this. The most important thing the prosecutor or anybody else will say to you is, "Tell the truth." Chances are you won't have to testify. If you do, it will be short and sweet.

Sevens · November 27, 2010, 10:05 PM

Quote:

I dont care what they do to the gun, they could throw it in the fire pit, I dont want it, especially after its been in the hands of a criminal.

You'll find that most gun folks (the type of people who frequent this forum) won't understand your sentiment or agree with it in almost any way.

Firearms are tools... small machines. They don't have feelings, memories, they don't play favorites and they don't know who is holding them or who held them in the past.

You can try to label them with touchy-feely thoughts and ideas, but it's really no different then getting all worked up about a screwdriver that also give you the willies.

If it's a decent handgun, I'd be quite happy to get my hands on it, especially if it was stolen from me. I'd go to great lengths to get it back.

And if you insist on playing it your way and attaching some kind of persona or "aura" about the pistol because of where it's been, then the least you could do would be to step up and give it a good home. Afterall, it's been stuck in some crack house for the last however long... don'tcha think it deserves a home where someone can love it, feed it, care for it and let it live out it's dream?!

Capt. Charlie · November 27, 2010, 10:43 PM

Quote:

Originally Posted by jrothWA

Since a FFL failed to do Paperwork the ATFE will be reviewing him and they will likely testify that you completed all required paperwork and are not involved with any illegal activities.

It's highly unlikely that the BATFE will even get involved in something like this. From what the OP's stated, this is a routine case. The primary charge will most likely be trafficking in drugs and the gun charge is just icing on the cake. As kraigwy said, prosecutors like to "stack charges" to get the maximum sentence.

I've testified in dozens of cases like this over the years, and they were all pretty much cut and dried. As I said, she'll be on and off the stand in minutes, and it's doubtful that the defense will even cross examine, IF she even has to testify at all.

In the face of overwhelming evidence, most defense attorneys go for a plea bargain, so there won't even be a trial, although it's been my experience that those usually happen at the very last minute before the trial.

Eagleks · November 28, 2010, 12:04 AM

Quote:

Originally Posted by KS40;

I dont care what they do to the gun, they could throw it in the fire pit, I dont want it, especially after its been in the hands of a criminal.

Do you live in Kansas ? So, do I. Guns in Kansas aren't "registered"... so there is no paperwork other than what the gunshop has from when you filled out the 4473 form. That's it.

They have to establish, that they were not the lawful owner and did not have permission from the lawful owner to have possession of it. That's why they want you to testify that 1) you owned it, 2) it was stolen and no one else had permission to take it or have it. Would you rather the guy go free, or go down for stealing guns ? At some point, citizens have to stand up for what's right... or he wins. He'll have to many things to worry about to come after you for anything .... besides, he'll know you are armed.

Next, your comment above has me stumped, that has nothing to do with the gun itself... it didn't do anything. It has nothing to do with the gun.

youngunz4life · November 28, 2010, 12:22 AM

dpris is 2nd one to nail it(referring to other 'nail it' post). no need to panic. he is being prosecuted, not you. take a step back and undertstand that. worst case scenario(which I doubt), if something like you posted happened it would just mean he couldnt be prosecuted as easily or at all. he is being prosecuted, not you. the prosecutor thinks you might be able to help his case.

please talk to him/her(prosecutor) about your fears of seeing this man. either way you look at it from either side of the spectrum, I can totally understand why you prefer to leave that stone unturned. Hopefully it wont go to trial, but there is no gurantee&that doesn't lessen any anxiety up the that point. Communicate matter of factly your reasons and fears of becoming overly involved. My wife got lucky, but it was a much more minor case completely different: she was on maternity leave soon after having a baby, so she didn't even have to obey the supoena. Obviously she had to communicate this and follow the rules on it though.

Lastly, please Ma'am. Tell him you want the firearm back after!! I could be wrong and am sure womeone will correct me if I am, but this bum isn't going to know you got "his weapon"(something else he adds to the list that he feels you owe him). He'll probably think you have it even if you do give it away or say you don't want it. Again, I am not positive how that plays out, but they can tell you beforhand. That firearm is yours. Sell it if you don't want it. Its your choice, but I can't see any reason why you shouldn't take possession of the gun when the times comes! If you don't want it, sell it or give it to a close, immediate family member who can put it to good use. Guns have feelings too, and he probably needs a good home

ps- please correct me if the defense attorney was the one that issued you the subpoena!!!...

Sarge · November 28, 2010, 01:12 AM

I spent 12 years working in a prosecutor's office. Kraig & DPris nailed it. Thanks for saving me some typing, guys.

**JohnKSa** · November 28, 2010, 01:34 AM

First of all, you're the victim and you haven't done anything wrong. Everything you do should be done with that thought in mind. When you start getting panicky, stop a minute and remind yourself that YOU are the one who has been victimized. You are not the bad guy.

Take your paperwork (or copies of it) to show what happened.

Answer the questions that they ask you but don't run off at the mouth. Don't guess at answers or try to theorize what may or may not have happened. If you don't know the answer to a question just say you don't know. Nobody expects you to know everything, they just want to know what you do know.

If I were you, I would tell them you want the gun back. It was stolen from you so it still belongs to you. It is normal and expected for a person who has been the victim of a theft to want their property returned to them. If you don't want to keep it you can sell it and keep the money instead.

danez71 · November 28, 2010, 08:50 AM

Quote:

OP SAID -
I am scared for this "known drug dealer" to even see me, as I do not want him coming after me after all is said and done. It may be someone my ex used to hang out with.

When you talk to the prosecution, explain your worries and ask if you can give a swown affidavit instead of testifying in front of the druggie.

Since you said your Ex got into drugs and you had suspected he took it.... you might be right and he traded/sold it to this drug guy. But lets leave the detective work to the detectives.

I agree with everyone else... dont worry too much

ks40 · November 28, 2010, 11:08 AM

Thank you for the advice. Im very scared though, because my ex tried to take it one day infront of me, I caught him and demanded it back. He said why I'll give you money for it. I said no. Few weeks later it went missing. I do not know if he took it, but when I filed the police report I had no proof, so for fear of falsly accusing someone, I did not even mention that.

Here is another part. The gun should have been transfered into my name when I puchsed it from a friend. We went to a gun shop and all. I have a copy of the transfer papers. When it was recovered, the did not contact me first, they contacted the guy who sold it to me. Turns out, the gun shop did not transfer it like they were supposed to (not sure if they call that in at the time of transfer or how that works). Technically, with that being said, the gun is not even in my name (like it should have been) even though I have papers from the gun shop stating that it was mine. I was told the gun would not be returned to me, it would go to the guy who's name it is in. The police told me, since I bought it from him, he can give it to me and we need to go to another "good" gun shop and get it transfered correctly, or the guy who sold it to me can just pay me money for it, since its technically still in his name.

With all that, why do I even have to be there? I am not the owner of the gun, but I am the one who reported it missing? How does that work?

danez71 · November 28, 2010, 11:32 AM

The paperwork is a technicality and in NO WAY incriminates you in anything.

You have a record of sale for the gun. Its yours... but... not registered to you. You are the legal owner; your receipt proves that.

Think of it as a car. The car can be owned by one person but registered to another. Should it be? No, but it can be. When you buy the car, it is still registered in the sellers name between the time you paid for it and the time you registered it. Its still yours.... right? Just not registered to you... yet.

It not being transfered to you is a black eye ONLY for the gun shop you used.

Yes, the police will probably only give it back to who it is registered to. They dont really care so much about who has financial equity in it (ie: who "owns" it) at this point. If the person that "ownes" it is different than who its regestered to are different and they both claim it.... thats a civil manner at this point between the owner and who its registered to.

You dont have to be there if you are allowed to give an sworn statement instead.

Now... take a breath. Its OK. Its a hassel for sure.... but its ok.

This is actually a good example of why its good to use a License Gun Dealer like you did. It takes any blame away from you and puts it on the dealer if proper legal protocal isnt followed.

bcarver · November 28, 2010, 11:32 AM

where do you live that requires a gun transfer?
Did you have the serial number on the original report?

**44 AMP** · November 28, 2010, 12:03 PM

You got a subpoena, so you would be available as a resource, should the prosecution need you. They have the police report that the gun was stolen, from years back. That's generally enough. They might like a sworn statment from you that you did not give, sell, or trade the gun to anyone. THat will be enough for a court.

Your procecutor is covering his bases, he wants you available in court to testify, should the defense challenge the evidence that the gun was stolen. It is likely they won't. It is likely you will not be called to the stand. But they want you there to be available, just in case.

If they agree, your sworn statement will satisfy the court, unless the defense challenges, in which case they will want you there to testify. You may not even need to be in the courtroom, unless called to testify. Talk to the DA and see. Tell him of your fear of reprisal from the druggie. I'm sure they will try to work something out to your benefit.

As to the transfer, you have the papers saying you followed the law and procedure. The shop screwed up, and that's their headache, NOT yours.

The gun will be evidence until the case is dispositioned. Either dropped (plea bargin) or carried through trial and closed. After that, you can get the gun back, as it is no longer evidence in an ongoing case. Even if you no longer want the gun, you should try and get it back. Sell it to a dealer afterwards, if you want, somebody somewhere could get some good from it. What happened wasn't the gun's fault, you shouldn't hold it responsible.
Contrary to popular fiction, guns held by bad guys do not become bad things, the remain just things. And if they later come into the hands of good guys, they can do good things if called on for that.

ks40 · November 28, 2010, 05:11 PM

One of my huge concerns is that my ex tried to take a gun in front of me once I demanded it back. He said I was joking. I said Ill report it stolen if you ever did that. His reply was "Go ahead ill say you sold it to me and Ill have my friends say they saw you"

THAT is why I am so concerned that if he has anything to do with this or one of his friends, he will try to say that in court and then the court will look at me like I filed a false police report of the theft.

Nickel Plated · November 28, 2010, 05:31 PM

Quote:

THAT is why I am so concerned that if he has anything to do with this or one of his friends, he will try to say that in court and then the court will look at me like I filed a false police report of the theft.

Why would they do that? You are a law-abiding citizen (presumably since you can legally buy a gun) and you reported the gun stolen years ago. And now this druggie who has a known criminal history comes out of the blue and says you sold the gun to him. Who are they going to believe? They have no reason to trust basically anything he says. They already expect him to use any excuse to try to shift the blame away from himself.

Erik · November 28, 2010, 05:43 PM

By all means, please recover your property. It is yours, after all, and the system is trying to do the right thing by you.

ks40 · November 28, 2010, 06:21 PM

Thank you everyone! Im just so scared over all of this and scared if he does try to use the defense tactic of saying I sold it to him or has people come in with him to say that seen me sell it (like he once threatened) that it will be his word against mine. I am a nervous wreck, so I dont know how truthful I would sound in a situation like that. Where as this guy has been in and out of jail so many times it will just be anotehr day to him and something he is used to. Sorry if it seesm I am talking in circles, I am just so stressed and worried sick over all of this!

November 27, 2010, 11:35 AM	#1
ks40 Junior Member Join Date: November 27, 2010 Posts: 6	Stolen gun recovered now what? Please help. I had a gun stolen 3 years ago. I reported it stolen when it was missing. The police called me yesterday and said they recovered it from a known drug dealer during a search warrant. I had assumptions my ex may have taken it, but I had no proof. I left him because I found out he was into drugs. The cop said he will put my name on a supoena. Why do I have to go to court if Im the victim? It gets more complicated. I bought it from a friend, legally, at a licenced gun shop. We transferred the registration at the gun shop, but turns out the shop never transerred it, so it is still in my friends name, but I was contacted because I was the one who reported it stolen. What happens at these type of hearings where you are supoened? I am scared for this "known drug dealer" to even see me, as I do not want him coming after me after all is said and done. It may be someone my ex used to hang out with. That also scares me, becasue what if my ex told him it was my gun and he turns around and says to the courts that I sold it to him, or I gave it to him, which I did not. Will they look at me like I filed a false police report? Im so scared please help!!

November 27, 2010, 12:23 PM	#3
kraigwy Senior Member Join Date: June 16, 2008 Location: Wyoming Posts: 11,061	You are going to court to confirm that the gun was stolen and you didn't give the gun to anyone. It is evidence to what ever gun crime they may be perusing. Don't worry about it, your not going to be charged. Its common. I've been there on both sides, as a LE officer in gun cases and a victim twice where I got guns stolen You do understand you wont get your gun back until after the case is over, but then you shouldn't have any problems. Again, don't worry, the prosecutor will get with you prior to you going to court to explain what is going to happen. When my home was burglarized they took several (28 if I remember right) pistols. We caught the guy(s) and got all but three back. I was shooting for the NG pistol team at the time and was able to get three that I needed for competition before the trail, since they had plenty others for evidence. The second time was when I took a rifle team to the Wilson Matches, One of our rifles was stolen, and recovered the next day. Some idiot baggage handler was drunk and waving it around in down town Little Rock. Anyway the problem with this gun was I reported it, it was recovered, (this was in the 80s) only to find out it had been reported stolen in 1968 and not recovered. It was a Government rifle so lots of paper work involved not to mention I got my butt chewed for not know it was stolen before (I was in Vietnam in 68 and had no involvement with the AK NG). It's just what ever officer is charge gets the ass chewing, it comes with the territory. Anyway in your case, you have nothing to worry about. Just listen to the prosecutor, do what he says, and tell what you know when (and if) you get on the stand. Take into account that most of these cases are settled without trail. Keep in contact with the DAs office so you can get your gun back when its over. __________________ Kraig Stuart CPT USAR Ret USAMU Sniper School Distinguished Rifle Badge 1071

November 27, 2010, 04:03 PM	#6
Capt. Charlie Moderator Emeritus Join Date: March 24, 2005 Location: Steubenville, OH Posts: 4,446	Kraigwy nailed it. The druggie is undoubtedly being charged with Receiving Stolen Property for the gun, or your state's equivalent of it. Most likely, you'll only be on the stand for a few minutes. You'll probably be shown the gun and asked if you ever owned it, and if you reported it stolen. Most of your answers will simply be "yes" or "no". Don't sweat it; it'll go quick & smooth, and you might even find it fascinating. __________________ TFL Members are ambassadors to the world for firearm owners. What kind of ambassador does *your* post make *you?* I train in earnest, to do the things that I pray in earnest, I'll never have to do. --Capt. Charlie

November 27, 2010, 06:28 PM	#7
jrothWA Senior Member Join Date: November 11, 2006 Posts: 2,519	Since a FFL failed to do Paperwork... the ATFE will be reviewing him and they will likely testify that you completed all required paperwork and are not involved with any illegal activities. My first 2" was bought at a Ohio gun show and I filled out the 4478, six weeks later I read in paper that the dealer was raided by BATF (as then called ) for gun running into NYC. (Mid-80's) was never contact by any LEO system to confirm a legal owner.

November 28, 2010, 12:22 AM	#14
youngunz4life Senior Member Join Date: November 15, 2010 Location: United States of America Posts: 1,877	dpris is 2nd one to nail it(referring to other 'nail it' post). no need to panic. he is being prosecuted, not you. take a step back and undertstand that. worst case scenario(which I doubt), if something like you posted happened it would just mean he couldnt be prosecuted as easily or at all. he is being prosecuted, not you. the prosecutor thinks you might be able to help his case. please talk to him/her(prosecutor) about your fears of seeing this man. either way you look at it from either side of the spectrum, I can totally understand why you prefer to leave that stone unturned. Hopefully it wont go to trial, but there is no gurantee&that doesn't lessen any anxiety up the that point. Communicate matter of factly your reasons and fears of becoming overly involved. My wife got lucky, but it was a much more minor case completely different: she was on maternity leave soon after having a baby, so she didn't even have to obey the supoena. Obviously she had to communicate this and follow the rules on it though. Lastly, please Ma'am. Tell him you want the firearm back after!! I could be wrong and am sure womeone will correct me if I am, but this bum isn't going to know you got "his weapon"(something else he adds to the list that he feels you owe him). He'll probably think you have it even if you do give it away or say you don't want it. Again, I am not positive how that plays out, but they can tell you beforhand. That firearm is yours. Sell it if you don't want it. Its your choice, but I can't see any reason why you shouldn't take possession of the gun when the times comes! If you don't want it, sell it or give it to a close, immediate family member who can put it to good use. Guns have feelings too, and he probably needs a good home ps- please correct me if the defense attorney was the one that issued you the subpoena!!!... __________________ "Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864

November 27, 2010, 12:02 PM	#2
EarlFH Member Join Date: August 22, 2010 Location: montana Posts: 66	I'm sorry to hear about your problem. The cops don't care what happens to you. and depending where you live, will resist giving it back to you, especially since the transfer didn't take place, so you could be accused of having an illegal gun. I would recommend getting a GOOD lawyer, who is knowledgable in gun problems like you have. I know there is an organization on-line, that will recommend lawyers in your area that can help you, with this type of problem, but unfortunately I don't know the name of the website. Hopefully someone else here can provide that information. Good luck on this. EarlFH

November 27, 2010, 03:07 PM	#4
ks40 Junior Member Join Date: November 27, 2010 Posts: 6	Thank you for the replies. I just came from the gun shop and got a copy of the paperwork work filled out on it to show that the transfer was done, or supposed to be done. If these people who had the gun try to say that I sold it to them, will they belive them? I didnt but that is what scares me. I dont want to get charged with perjury or anything like that. I dont care what they do to the gun, they could throw it in the fire pit, I dont want it, especially after its been in the hands of a criminal.

November 27, 2010, 08:31 PM	#8
Daryl Senior Member Join Date: July 11, 2008 Posts: 2,350	The legal document they'll serve you simply insures that you'll show up, and the court's time won't be wasted in scheduling a hearing. They want to ask you questions to double check that the gun was indeed stolen, and that it wasn't mistakenly reported stolen. You'll be under oath when you make your statements, so just be truthful and tell them what happened. They have to double check the facts before they can charge the person who had the gun with possession of a stolen firearm. It's probably a felony charge, so they want to cross the "T's", and dot the "i's" as they go through with prosecuting the case. Your the victim, and victims are often required to testify in court. It's really no big deal; just tell them the truth, and they'll take it from there. Daryl

November 27, 2010, 08:43 PM	#9
DPris Member Emeritus Join Date: August 19, 2004 Posts: 7,133	Above all, stop panicking. As advised above, to prosecute they need to establish ownership of the gun & that it was stolen. They can't do that from a report, it has to come from you. You're working yourself up over nothing. Why would you be worried about perjury? You testify that you owned the gun, it was stolen, you did not sell it to anybody, and that should mostly be it. And- there is zero need or point in getting a lawyer. You show up when you're supposed to, you talk to the prosecutor before the show starts, you get on the stand when it's your turn, you tell your story, you answer any questions the prosecutor or defense attorney may ask, you step down, and you go about your life. If you want the gun back when it's all over (which could take some time, depending on what processes have to run where you are), you check with the PD after the trial to follow up. If you don't, you can advise them of that decision. Denis

November 27, 2010, 08:53 PM	#10
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	I think you are worrying too much about all this. The most important thing the prosecutor or anybody else will say to you is, "Tell the truth." Chances are you won't have to testify. If you do, it will be short and sweet.

November 28, 2010, 01:12 AM	#15
Sarge Senior Member Join Date: May 12, 2002 Location: MO Posts: 5,457	I spent 12 years working in a prosecutor's office. Kraig & DPris nailed it. Thanks for saving me some typing, guys. __________________ People were smarter before the Internet, or imbeciles were harder to notice.

November 28, 2010, 01:34 AM	#16
JohnKSa Staff Join Date: February 12, 2001 Location: DFW Area Posts: 24,972	First of all, you're the victim and you haven't done anything wrong. Everything you do should be done with that thought in mind. When you start getting panicky, stop a minute and remind yourself that YOU are the one who has been victimized. You are not the bad guy. Take your paperwork (or copies of it) to show what happened. Answer the questions that they ask you but don't run off at the mouth. Don't guess at answers or try to theorize what may or may not have happened. If you don't know the answer to a question just say you don't know. Nobody expects you to know everything, they just want to know what you do know. If I were you, I would tell them you want the gun back. It was stolen from you so it still belongs to you. It is normal and expected for a person who has been the victim of a theft to want their property returned to them. If you don't want to keep it you can sell it and keep the money instead. __________________ Do you know about the TEXAS State Rifle Association?

November 28, 2010, 11:08 AM	#18
ks40 Junior Member Join Date: November 27, 2010 Posts: 6	Thank you for the advice. Im very scared though, because my ex tried to take it one day infront of me, I caught him and demanded it back. He said why I'll give you money for it. I said no. Few weeks later it went missing. I do not know if he took it, but when I filed the police report I had no proof, so for fear of falsly accusing someone, I did not even mention that. Here is another part. The gun should have been transfered into my name when I puchsed it from a friend. We went to a gun shop and all. I have a copy of the transfer papers. When it was recovered, the did not contact me first, they contacted the guy who sold it to me. Turns out, the gun shop did not transfer it like they were supposed to (not sure if they call that in at the time of transfer or how that works). Technically, with that being said, the gun is not even in my name (like it should have been) even though I have papers from the gun shop stating that it was mine. I was told the gun would not be returned to me, it would go to the guy who's name it is in. The police told me, since I bought it from him, he can give it to me and we need to go to another "good" gun shop and get it transfered correctly, or the guy who sold it to me can just pay me money for it, since its technically still in his name. With all that, why do I even have to be there? I am not the owner of the gun, but I am the one who reported it missing? How does that work?

November 28, 2010, 11:32 AM	#19
danez71 Senior Member Join Date: June 2, 2009 Posts: 438	The paperwork is a technicality and in NO WAY incriminates you in anything. You have a record of sale for the gun. Its yours... but... not registered to you. You are the legal owner; your receipt proves that. Think of it as a car. The car can be owned by one person but registered to another. Should it be? No, but it can be. When you buy the car, it is still registered in the sellers name between the time you paid for it and the time you registered it. Its still yours.... right? Just not registered to you... yet. It not being transfered to you is a black eye ONLY for the gun shop you used. Yes, the police will probably only give it back to who it is registered to. They dont really care so much about who has financial equity in it (ie: who "owns" it) at this point. If the person that "ownes" it is different than who its regestered to are different and they both claim it.... thats a civil manner at this point between the owner and who its registered to. You dont have to be there if you are allowed to give an sworn statement instead. Now... take a breath. Its OK. Its a hassel for sure.... but its ok. This is actually a good example of why its good to use a License Gun Dealer like you did. It takes any blame away from you and puts it on the dealer if proper legal protocal isnt followed.

November 28, 2010, 11:32 AM	#20
bcarver Senior Member Join Date: February 22, 2007 Location: Jackson,Mississippi Posts: 838	transfer where do you live that requires a gun transfer? Did you have the serial number on the original report?

November 28, 2010, 12:03 PM	#21
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,813	relax, take a deep breath, and go on with life You got a subpoena, so you would be available as a resource, should the prosecution need you. They have the police report that the gun was stolen, from years back. That's generally enough. They might like a sworn statment from you that you did not give, sell, or trade the gun to anyone. THat will be enough for a court. Your procecutor is covering his bases, he wants you available in court to testify, should the defense challenge the evidence that the gun was stolen. It is likely they won't. It is likely you will not be called to the stand. But they want you there to be available, just in case. If they agree, your sworn statement will satisfy the court, unless the defense challenges, in which case they will want you there to testify. You may not even need to be in the courtroom, unless called to testify. Talk to the DA and see. Tell him of your fear of reprisal from the druggie. I'm sure they will try to work something out to your benefit. As to the transfer, you have the papers saying you followed the law and procedure. The shop screwed up, and that's their headache, NOT yours. The gun will be evidence until the case is dispositioned. Either dropped (plea bargin) or carried through trial and closed. After that, you can get the gun back, as it is no longer evidence in an ongoing case. Even if you no longer want the gun, you should try and get it back. Sell it to a dealer afterwards, if you want, somebody somewhere could get some good from it. What happened wasn't the gun's fault, you shouldn't hold it responsible. Contrary to popular fiction, guns held by bad guys do not become bad things, the remain just things. And if they later come into the hands of good guys, they can do good things if called on for that. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

November 28, 2010, 05:11 PM	#22
ks40 Junior Member Join Date: November 27, 2010 Posts: 6	One of my huge concerns is that my ex tried to take a gun in front of me once I demanded it back. He said I was joking. I said Ill report it stolen if you ever did that. His reply was "Go ahead ill say you sold it to me and Ill have my friends say they saw you" THAT is why I am so concerned that if he has anything to do with this or one of his friends, he will try to say that in court and then the court will look at me like I filed a false police report of the theft.

November 28, 2010, 05:43 PM	#24
Erik Senior Member Join Date: December 24, 1999 Location: America Posts: 3,479	By all means, please recover your property. It is yours, after all, and the system is trying to do the right thing by you. __________________ Meriam Webster's: Main Entry: ci·vil·ian Pronunciation: \sə-ˈvil-yən also -ˈvi-yən\, Function: noun, Date: 14th century, 1: a specialist in Roman or modern civil law, 2 a: one not on active duty in the armed services or not on a police or firefighting force b: outsider 1, — civilian adjective

November 28, 2010, 06:21 PM	#25
ks40 Junior Member Join Date: November 27, 2010 Posts: 6	Thank you everyone! Im just so scared over all of this and scared if he does try to use the defense tactic of saying I sold it to him or has people come in with him to say that seen me sell it (like he once threatened) that it will be his word against mine. I am a nervous wreck, so I dont know how truthful I would sound in a situation like that. Where as this guy has been in and out of jail so many times it will just be anotehr day to him and something he is used to. Sorry if it seesm I am talking in circles, I am just so stressed and worried sick over all of this!