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Stealing guns? 6 days jail


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https://www.justice.gov/usao-ma/pr/former-fedex-driver-sentenced-selling-firearms-he-stole-packages-his-truck

 

Driver caught stealing 3 guns from Fedex instead of delivering them to the addressee.  Then sold them to under cover agents.  How many more did he previously steal that the ATF knew to send under cover buyers to him?  Why was he sentenced to 6 days (time served)?  Some states keep the gun in jail longer than that.

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I always wonder what exactly DOES happen to seized guns. Some places destroy them. Some localities, after all is said and done, if the gun can't be returned to its rightful, legal owner, auction them off to gun shops. BUT... I always suspect that the best of these might go in a first come first serve basis to the Police Officers in the Department. I wouldn't have a problem with it, I've just never heard anything said, pro, con, or otherwise about it. 

A friend of my daughter picked up a NICE S&W model 66 with a 3" barrel and aftermarket wood grips for a VERY good price at a local toy store. Unfortunately it turned out that the guy he borrowed the money from to buy it had stolen the money. My daughter's friend didn't know this at the time, but he lost the gun because of it. He wasn't charged with anything, but he did lose the gun. I've long suspected that it wound up in the possession of the FBI Agent that worked the case.   

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The punks stealing guns from vehicles and houses has become a real problem in Florida. It's usually juveniles doing the stealing, mainly from unlocked vehicles.

 

I wrote to my local senator proposing the following:

 

5 year mandatory minimum sentence for knowingly possessing a stolen firearm regardless of age.

5 year mandatory minimum sentence for theft of a firearm regardless of age.

10 year mandatory minimum sentence for use of a stolen firearm in a crime regardless of age.

20 year mandatory minimum sentence for firing a stolen firearm during the commission of any crime regardless of age.

30 year mandatory minimum sentence for firing a stolen firearm during a crime resulting in injury regardless of age.

Life mandatory sentence for firing a stolen firearm during a crime resulting in death regardless of age.

 

Never heard anything back, not even a form letter.

 

Edit - I also stated the need for a national stolen firearm database accessed by the general public to find out if a firearm is stolen so that private purchases can be made without concern.

Edited by Cypress Sun
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Pretty much any police officer will be glad to run a gun through NCIC to check for stolen.  The only thing is, he will want to physically see the gun and if it is stolen, he is going to seize it.  They are not going to tell you over the phone if the gun is stolen or not, for obvious reasons.

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15 minutes ago, Badlands Bob #61228 said:

Pretty much any police officer will be glad to run a gun through NCIC to check for stolen.  The only thing is, he will want to physically see the gun and if it is stolen, he is going to seize it.  They are not going to tell you over the phone if the gun is stolen or not, for obvious reasons.

 

Therein lies the problem. You have no way of knowing whether a gun is stolen or not until AFTER you buy it and have it run by either law enforcement or a local gun store which will also seize the gun if it's stolen. If the general public could check, it would solve various problems, including outing and/or catching purveyors of stolen firearms. I know that every time have purchased a firearm from a person unknown to me, there's always that nagging question running around in my mind 'Is this gun stolen or is it legit?'

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@Sgt. C.J. Sabre, SASS #46770 

What happens to the gun depends on the authority who confiscated it and where they are.  For instance, ATF may add it to the ATF tracing center gun library or maybe they mark it for the ATF national disposal branch where a guard may sneak it out a back door.  State and local authorities are supposed to follow state law although they have been caught destroying guns instead of turning them in for state auction or selling them for their department's budget instead of turning them in for the state's buget.  Even the gun buyback event guns can then be resold by the state.  Some states require the firearm be entirely destroyed (all parts shreaded or melted) and some places use a cheaper or free service where the parts are stripped to be sold and only the serialized frame (defined as firearm) is destroyed.  Some of the services provide picture or video evidence of the destruction along with the paperwork.  Others sell them to FFLs or have public auctions.  Some seized firearms are from hunting regulation violations and the nature resources division has it's own auction.  

 

These auctions can be entertaining, like a circus.  The guns may be almost new or look like an apocalypse movie prop.  They commonly have missing magazines, bolts, and any other parts the particular officer decided to remove to render safe before bagging.  Any of these auctions I've watched have brought too much money.  

 

There are many articles on the subject if you can get passed the biased writing.

https://www.thedailybeast.com/12-states-that-are-not-allowed-to-destroy-guns-they-confiscate

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15 hours ago, Cypress Sun said:

I also stated the need for a national stolen firearm database accessed by the general public to find out if a firearm is stolen so that private purchases can be made without concern.


I don’t make private purchase from people I don’t know.  Period.  
 

Government is inept now so why would a stolen firearm database be reliable?

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12 hours ago, Cypress Sun said:

I know that every time have purchased a firearm from a person unknown to me, there's always that nagging question running around in my mind 'Is this gun stolen or is it legit?'


That’s why I don’t off of EBay.  I suspect a high percentage is stolen.

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1 hour ago, Matthew Duncan said:


I don’t make private purchase from people I don’t know.  Period.  
 

Government is inept now so why would a stolen firearm database be reliable?

 

Is the NCIC system unreliable? As an LEO, how did you perform firearm checks?

 

If the same basic system (without detailed or personal information) was accessible by the general public, it would be a good thing IMO. Stolen or not...question answered with a phone call or site access.

1 hour ago, Matthew Duncan said:


That’s why I don’t off of EBay.  I suspect a high percentage is stolen.

 

Ebay and its ownership doesn't sell firearms and supports many anti-Second Amendment causes. 

 

 

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Ebay stopped selling guns years ago. You can buy "parts" but no guns (including receivers). I was always under the impression that stealing a gun. Any gun is a FELONY in and of itself?

 

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2 hours ago, Cypress Sun said:

 

Is the NCIC system unreliable? As an LEO, how did you perform firearm checks?

 

If the same basic system (without detailed or personal information) was accessible by the general public, it would be a good thing IMO. Stolen or not...question answered with a phone call or site access.

 

Ebay and its ownership doesn't sell firearms and supports many anti-Second Amendment causes. 

 

 

 

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2 hours ago, Cypress Sun said:

 

Is the NCIC system unreliable? As an LEO, how did you perform firearm checks?

 

If the same basic system (without detailed or personal information) was accessible by the general public, it would be a good thing IMO. Stolen or not...question answered with a phone call or site access.

 

Ebay and its ownership doesn't sell firearms and supports many anti-Second Amendment causes. 

 

 

If the owner could provide make, model and serial number.  If the County would honor my request to enter said information in NCIC and if they did so without typos we would be almost golden.  And if the NCIC program allowed for permissions for public access on non- confidential data fields with no increase in taxes, we would be golden.  I had an RV manufacture that routinely had stereo systems stolen.  One time they could provide the necessary info for NCIC and I requested County to do so.  To satisfy my curiosity I checked a few weeks after I had made the request.  No entry was made in NCIC and my follow-up with County provided me with a “ haven’t gotten to it yet” excuse.   IMHO data bases are only good if they are kept undated in a timely fashion.

 

Ebay.  My comments were not limited only to firearm and/or related items but to any and all items listed on EBay.

 

 

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Frank P. O’Toole, 40, was sentenced on Feb. 2, 2024 by U.S. District Court Judge Angel Kelley to time served (six days) and three years of supervised release, during which period he must complete 250 hours of community service. 

 

I'm wondering what the 250 hours of communty service will be....  :huh:

 

Golly gee - almost seven hours a month of community service for three years!  Such an inconvenience!  Why, that just might be considered a violation of the poor miscreant's 8th amendment rights!  <_<

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