Home Forums Gear Free Classifieds So I unknowingly buy this stolen gun...what now?

We don't have a high fence around our border.

(Besides, I lived in TN for about 12 years).

TN uses a state system, not sure if they run the serial number as well as the buyer? Anybody from TN familiar with the system?

I just find it too much of a coincidence that they were randomly told the gun was stolen, separate from my background check at the time of purchase, within that 30-45 minute window.

Could be wrong I guess...

Gentlemen, say the victim of the theft was on vacation when it occurred. The victim may not have been aware of the theft until several days after returning from vacation and who knows how long the vacation could have been. There are other scenarios as well in which a buyer of a stolen gun would have had no way to know the gun was stolen when purchased.

You mean to tell me that the stocks were not stolen property as well?? Trigger? Sights? Magazine?

That statement makes no sense at all to me....

I would concur with the many others that I would do nothing until contacted unless the seller was willing to return funds and then upon receipt of the funds, I would turn the gun over to local authorities. If contacted, I would want a copy of any and all reports and would likewise want to turn the gun over to local authorities and get a sign transfer receipt. If the homeowner's insurance already paid it out, they may not go after you for it, and the police are not going to do anything if not bugged.

Its not worth a lot of trouble over but I would not go about spending my time and energy trying to figure out how to throw $500 down the toilet... let them come to you and then be thorough but supportive.

I agree with most here. No problems for the seller. You did everything right. The purchase was through an FFL. No risk for owning the firearm. Now the seller on the other hand, should be a little nervous. I think he would willingly refund your money or else legal trouble will find him for selling stolen property.

i don't know if this is the case but have had a like sale happen once. Seller sold me a firearm at a very good price, later told me it was stolen and tried to get it back by giving my money back. Just didn't seem right, so I had a buddy who is on the police force run the number, gun wasn't stolen, seller found out the gun was worth about twice what he sold it to me for and was just trying to renege on the sale.

That's the truth. Police are some of the most ignorant people you'll ever meet in regards to proper application of the law. I wouldn't trust any of them with such information without representation.

When I call the BATFE, I give them info on the purchaser. The only info I give about the firearm is whether it is a long gun, handgun, etc.

I call the local pd on all used firearms sold, whether pawned, consigned or store purchased and have them run the numbers before the gun goes out the door. I am not required to do so, but it is easier on me not to sell the gun if it comes up stolen than it would be if I had to help retrieve it.

We have had one issue with a stolen firearm, and it was a pd mistake. The same serial number may appear on numerous firearms. The number came up, and the pd did not ascertain whether the number was on the correct firearm before going to collect it. We had sold the gun, and the shop where the person resold it ran the number with his local pd. The fight is ongoing after about 18 months. People were sued over the wrong recovered firearm.

About ten years ago, I purchased a rifle from a pawn shop. Two years later the pawn shop owner contacted me. The gun had been taken from an older fellow's shop and the loss went unnoticed for quite some time. His grandson was the thief.

The old guy wanted his gun back. I said I would hand it over when the grandson was charged with a crime. No crime, no stolen gun. He would not press charges, and I eventually sold the gun back to him for what I paid. You may be in a similar situation if you have not been contacted by the coppers.


Should the coppers want the gun, make sure that the identifying paperwork they have corresponds to what you possess. A minor difference makes your firearm a different firearm than the one they seek.

I would imagine the more firearms transactions you're involved in over a lifetime would also equate to more unique situations in which you may find yourself involved.

Could your experience be explained by the pawn shop calling the firearm in and running their standard check on a new inventory item because they had a cash buyer present? Or maybe they hadn't heard anything back from when they turned over their new inventory serial numbers earlier and called to prod the person or office responsible for checking this data for them. Those two scenarios seem most likely. But no, serial number checks aren't part of the NICS process nor are they a requirement in most states as a condition of a sale.

As stated by another poster, firearms thefts aren't always reported when they occur and there isn't any "bat signal" immediately broadcast about a stolen firearm either.

That and the fact that police aren't empowered nor are they in any way authorized to render a binding legal determination. (Elementary school civics: three branches of government -- legislative, judicial, and executive. Police agencies are part of the executive branch, not the judicial as some would accept.)

Makes sense.

And considering I've only ever bought two guns, then I'm at 50%.

Wouldnt happen to be a 94 AE in 307 Win would it? Sold one to a member here, it never arrived. That was about Feb 2010, still havent heard anything about it.

+ 1 on talking to a criminal defense attorney and NEVER, EVER talk to a police officer at all, about anything. Let me re-phrase that.... NEVER EVER except in monosylabic answers to be barely polite without saying a WORD about any guns, knowledge etc. This is a best policy at all times and all places unless you are talking your way out of a ticket (good luck) or are goofing off with an LEO who is a freind or relative about non police matters. They can huff, and puff, and threaten, and even promise you that you are not a person of interest but unfortunately they cannot be trusted with such. Have them ask you whatever they want to ask you IN WRITING and or via an attorney. In writing is, by far, he best with a CD attnny preparing and sending your reply. I have been, innocently, on the wrong side of such things twice. Got it resolved, but at much expense and headache as well as wrist ache. Love my Brother in Law who is a PD detective but if he ever asks me a question about some crime somewhere I will tell him that I will talk to him THROUGH an attorney, period. If you never have taken any advice from this site, take THIS nugget.

I recently experienced a similar situation.

I was purchasing a rifle from a person from another forum. Sent money and the rifle was shipped to my FFL. When I went to pick up the rifle, the FFL in my state calls in buyer information and firearm information.

The rifle cam up as stolen. The FFL was instructed to hold the rifle and the local PD would come inspect the rifle. If the rifle matched the stolen gun report, then it would be confiscated.

Turns out the person selling my the rifle, had purchased the rifle used about two years prior through a dealer in North Carolina using all the BATF forms, ect. He had all that documentation and promptly faxed it to me.

The seller was able to work with the dealer he bought the rifle through and reclaim his money.

I did not feel any liablility because I had no idea the rifle was stolen, nor did I receive the rifle. I was only potentially out the money.

It did make me think about buying local without going through an FFL.

Eric

There's another thread up top regarding this.

https://www.24hourcampfire.com/ubbth...w_to_check_collection_for_st#Post5234532

REloader28 don't put us all in the same box as Texas bad Cops...we all know everything is bigger in texas. There are bad cops everywhere but the majority are there to do the right thing.

Thanks for all the great advice everyone. This is in regards to a 10/22 mag from another forum. Thanks and I'll keep everyone updated.

Definitely a bummer. I know a fellow in similar circumstance that had to give his rifle up but the store that sold it to him made good with a replacement. You followed the rules , used a ffl and all so it will be hard to prove you knowingly did anything wrong.Besides they obviously know you purchased the gun from the guy or he wouldn't have given them your name. I would say worst case you will lose your gun. Best case the seller gives you the $ back. If it was covered by the original owners insurance you may inquire about buying the gun from the ins co. and get a decent price.

I'm curious as to what prompted your receiving dealer to check if your purchase was stolen.

I kinda waded through all the "good" advice you received. I was a Deputy Sheriff in Texas for 16 years. Law Enforcement, frankly, won't care if you get reimbursed or not. They're involvement will be recovering the stolen firearm, and then trying to back track it in hopes of finding who stole it. It's really a rarity that stolen items are ever recovered, especially firearms. As far as invoking your 5th amendment rights, and hiring a criminal defense attorney if a peace officer happens to ask if you have the time...well, that's a bunch paranoid-fueled of hooeey.

I am a FFL in TN. We run the Buyer and The firearm. If the firearm has been put in the system as stolen it will be caught right then seen it happen more than once. What probably happened was the gun was tracked down to the pawn shop by law enforcement and not serial numbers. they probably got the crook to tell them who he sold it to and then tracked it to the pawn shop without the gun ever going into the system as stolen as the owner probably did not even have the serial number. By the time the law tracked it to the pawn shop it had already been sold to you.