Jump to content
SASS Wire Forum

Today's legal question


Alpo

Recommended Posts

I own something. It disappears.

 

A few weeks later I am at someone else's house (was invited there) and see my thing.

 

So when I leave I take it with me.

 

Have I done anything illegal?

 

If I ask my friend Joe to go over and get it, that (I believe) would be burglary.

 

If I sit home and think about it, and then go back over (without being invited again) and get it, that would probably be burglary.

 

But if I took it while I was there???

 

 

Same book that had the gun in the frozen turkey.

Link to comment
Share on other sites

I think, legally that would  be considered stealing. 
Personally, I would question my friend and find how he or she came to be in possession of “my” thing. The answer would determine if they remain a friend or become an ex-friend. 

Link to comment
Share on other sites

In this instance - the book - Iris left it to Jim in her will, but it was stolen by one of the people helping to remove her dead body from her house.

 

I suppose that it would be difficult to prove ownership of most things. Even knowing the serial number to my first generation Colt would not be proof that it was mine.

 

But for the sake of the question, we will presume that the answer is yes, I can prove it is mine.

Link to comment
Share on other sites

2 minutes ago, Pat Riot, SASS #13748 said:

Personally, I would question my friend

Does not necessarily have to be a friend.

 

My kid is invited to Joey's birthday party, so I take him there and am introduced to Joey's parents (whom I have never met before), and sitting right there in their living room is my thing.

Link to comment
Share on other sites

Ah, I see. I still think I would confront them after taking it back. I might take it, leave and then confront them later. But my kid wouldn’t be staying for the party. 

Link to comment
Share on other sites

I'd probably say, "Hey that XXX you got there is just like the one I had". Yea, someone stole it from house. Do you know where I can get another one like that?"

 (insert sarcasm):P

Link to comment
Share on other sites

If I had undeniable identification of the item, I would not leave without it.  That said, I'd also not try to sneak it out.  I'd confront the owner about how they obtained the item.  If they objected, call the cops and explain.   

Link to comment
Share on other sites

I can appreciate someone getting passionate when they think they have noticed something in my house that they "think" really belongs to them. However, I am likely to be a little insulted ..

They are implying that I have something stolen from them … even possibly that I am a thief or a knowing recipient of stolen property  (not good for a house guest).

 

I don't know what I would say to them other than that I think they are mistaken … but … if their explanation of ownership seemed plausible then we would "still" have to call the police to pursue/investigate the person/place where I obtained the item. In any case "I" would retain the item until they returned with their proof.

 

I am not likely to allow someone to enter my house … declare "that's mine" and let them walk out the door with "my" property (just because they say it is theirs).

 

This brings up an old sore spot for me … "cowboy firearms".

Cowboy firearms are unique in several respects. They have their own underground audience.

They are not popular for use in hold-ups/crimes.

They are often bought and sold on picnic tables at local cowboy shoots.

 

Many are sold at major matches and carried to other states and are often resold off picnic tables at the new venue.

You could very possibly buy a firearm from a honest cowboy (a friend even) who had no idea that he was selling a stolen firearm. They could easily pass many hands and never make it though and FFL where the serial number might have a chance for review.

 

I always though it would be cool if you could go online and punch in a serial number and see if a firearm came up stolen.

Being able to do so would leave the "status" of the firearm (any firearm) the complete responsibility of the current owner. They could never say "I didn't know it was stolen when I bought it from Tex" …

 

Being able to do so would limit a thief's ability to move stolen firearms (because they know a buyer is gonna punch it up and look).

Just sayin' Nothing to do with this thread … just reminded me of the scenario. :mellow:

Link to comment
Share on other sites

A friend of mine, Jenn, living in a condo community of single family buildings, was experiencing theft of things delivered to her unit. One such item was dog food, not a small package.  These units have carports more often than garages.

Jenn saw a box labeled Chewy.com in a neighbor’s carport, wandered a little closer and omg, address label said Jennifer ...  apparently something the stupid druggy could not sell.  Jenn called Nashua’s finest to get the food back for her pups. She declined to press charges but is on record as knowing who the scumbags in her neighborhood are.

 

Link to comment
Share on other sites

11 minutes ago, Utah Bob #35998 said:

Ask O.J. :lol::lol:

 Exactly.

Link to comment
Share on other sites

55 minutes ago, J. Mark Flint #31954 LIFE said:

Legally, you could take it and have committed no crime.  If you are wrong it is not burglary, but theft as there is no breaking and entering.  So if this occurred in a book, then you know what the general rule would be.

 

 

 

I'd suggest that Alpo just skip to the final chapter of the book to find out.

Link to comment
Share on other sites

34 minutes ago, Ozark Huckleberry said:

That's outstanding!! Would be great if all those "state/city" databases were linked to a federal system (with public access). 

Kinda makes you wonder why not??!? Would be a great deterrent to the resale of stolen firearms.

I punched in the serial number of a Ruger Mark III 22/45 stolen (with a bunch of other guns) from a friend here in Arizona a couple of years ago ... and of course it didn't pop up in the Florida database ... but ... that is pretty neat that they have one. 

Link to comment
Share on other sites

What would be more outstanding would be if all of the guns reported as stolen in Florida were listed.

 

My Series 70 Gold Cup, stolen here in the Panhandle in 1990, ain't there.

Link to comment
Share on other sites

18 minutes ago, Alpo said:

What would be more outstanding would be if all of the guns reported as stolen in Florida were listed.

 

My Series 70 Gold Cup, stolen here in the Panhandle in 1990, ain't there.

Not unusual. Over the years with systems constantly being changed or upgraded, a lot of data was lost or simply discarded.

 

Link to comment
Share on other sites

In Florida, at least in Bay County, there is a dual system for stolen items.  One system is completely computerized, since I believe around 2002.  This system incorporates the computerized digital Uniform Incident/Offense Report with data output from the Patrol units' laptops in their cars.  The old system utilized hand-input data from handwritten reports.  Both systems are computer searchable, but probably haven't been reconciled with each other.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.