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Well my advice is to contact a lawyer your Trust! Never speak with the police about this at all period.

The firearm will be going back to the original owner (after any criminal case concearning the gun is over) I would be asking the lawyer how to get my money back etc.


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Originally Posted by Magnumdood
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.


My fancy bracelets, Being bullied once so wearing, NICS slow downs for ten years and steel bed for one night when I was merely in the wrong place at the wrong time and did not know how to play 'the game' were not paranoid hooey! "You have the right to remain silent" means something and is better said, "it is highly advisable to remain totally silent unless in the presence of an attorney representing your interests and rights"

PROBABLY not going to be anywhere like that in this case, just agreeing with others here about a general principle that can save a lot of grief.



LOVE God, LOVE your family, LOVE your country, LIKE guns and sports.

About 2016 team "R" candidates "We definitely need a crew with a sack of balls the size of hot water bottles, bloviated estrogen leaking feel-gooders need not apply." Gunner 500
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Originally Posted by manydogs
Strip it down to the naked frame. That's all you have to give back.

Tell everyone to go blow.


And then call a lawyer - as you will be arrested.

Don't listen to this type of dumb chit. That is called larceny.

By that reasoning you can go rent a car, strip off all the parts and then return the shell.

DUH

Last edited by Redbone311; 05/13/11.
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Originally Posted by Redbone311
By that reasoning you can go rent a car, strip off all the parts and then return the shell.

DUH
That must be why Enterprise keeps getting mad at me!!! crazy


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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He said? Don't do anything until you have a FTF with an identified LEO.You have not broken any laws. Don't give up your legally acquired weapon without a receipt!

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Originally Posted by Gobble
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...


Thanks for the explanation Gobble.

See that Bricktop? I'm not crazy! laugh

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Originally Posted by ColdBore
Originally Posted by Gobble
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...
Thanks for the explanation Gobble.

See that Bricktop? I'm not crazy! laugh
Noooooo, the law in Tennessee doesn't state squat about "running" the firearm.

"(4) The gun dealer shall request by telephone that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau:

(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the firearm being transferred;"

It states a "criminal history record check on the purchaser" will be conducted, but doesn't state any checks are to be run on the firearms purchased. This mirrors the BATFE form 4473, which asks for the serial number, make, model, description, etc.

http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-tennessee.pdf


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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If you want to PM me the make, model, and serial # of the gun along with the state it was bought from. I'll check on it to see if it's stolen or not. I think the whole thing sounds like a scam. If it were reported stolen and it was transferred through your FFL then you would have already been contacted by the police and most likely by the local police face to face. You should be in no trouble and don't strip the gun and get yourself into trouble.. I don't think you need an attorney asyou can show where it came from, some states (NY included) have laws similar to Criminal possession of stolen property. That would be if you knowingly possessed stolen property. At this point in time I would suspect you do not know it is stolen, just told that by someone that is not verified.
Seems to me like a good way to make 500 bucks to sell the gun and have a friend pose as a LEO and ask you to ship it to them...face to face only on that deal with LEO.
Me- Police Investigator, 18 years. I handle most firearm related crimes in my department.. I'm not going to call your local PD to jack you up if it does turn out to be stolen but hopefully I would be able to help you through the process so you wouldn't need to spend any money on an attorney- easy to do. If you want to PM me your # and a good time to call I would talk to you about it. Not every cop is an a-hole but you can run into them for sure, same as you can run into a-holes in any profession.
I'm suspicious about this whole deal and not convinced it's actually stolen..


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I would look at this from a little bit different point of view than some that have posted here.

1. This gun may legally belong to someone else. Consider how you would feel if someone else had possession of your property, regardless of how they received it. You would want them to return it. I think it is a moral duty to return that which has been stolen from someone. I hope I would always follow that duty.

2. If the gun is actually stolen, it is evidence in a criminal matter. If you have knowledge that it is stolen you could be charged with possession of stolen property, and if you do anything to it you could be charged with altering evidence in a criminal case. Both very serious crimes.

3. You may sue the seller in small claims court. In most states it is not that difficult to collect on a judgment if the person you sue has some assets or some income. There is usually a list of what may be attached or garnished in the event that the defendant does not voluntarily pay the judgment. But in some states you will have to remove the case to the district court and pay extra fees in order to collect on the judgment.

And yes, I am an attorney.

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If so, you forgot some things:

1. The Police are not your friends (have a retired one in the family).
2. Never talk to the police without an attorney present ( have an active one in the family).
3. Police are not evauated by their bosses on how nice they are. Cases cleared and convictions obtained are their primary metrics.

"strip the gun", that gives you some idea of how many idiots can buy a computer without a basic I.Q. test !

Get an attorney, have him/her call BATF and get this resolved.

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Bricktop I don't give a crap what it says the only reason it is written like that is because some firearms don't have serial numbers trust me the TBI will ask for the serial number when you call or submit it the know what make and models should have serial numbers when it comes back stolen they send your stores local Leo right then to verify and take the weapon and the records of who it came from

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PM sent


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Originally Posted by goodiewrench
If so, you forgot some things:

1. The Police are not your friends (have a retired one in the family).
2. Never talk to the police without an attorney present ( have an active one in the family).
3. Police are not evauated by their bosses on how nice they are. Cases cleared and convictions obtained are their primary metrics.

"strip the gun", that gives you some idea of how many idiots can buy a computer without a basic I.Q. test !

Get an attorney, have him/her call BATF and get this resolved.


+1 on all points, WELL SAID throughout.


LOVE God, LOVE your family, LOVE your country, LIKE guns and sports.

About 2016 team "R" candidates "We definitely need a crew with a sack of balls the size of hot water bottles, bloviated estrogen leaking feel-gooders need not apply." Gunner 500
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I am one of several lawyers on the forum but cannot practice in a state other than the one in which I am licensed, ie. where i reside. I am sure there are several lawyers here from virtually every state who would volunteer to help campfire members, I know I would. We just need to create a volunteer list for each state. At $200 an hour, it would not take long to gobble up your $500, but there are those who are passionate about guns and who are willing to help for free. I know how I would feel if my newest toy was taken away after I had scrapped up enough money (not to mention the hell from the wife for buying another gun) and without a refund.

Good luck

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Originally Posted by Gobble
Bricktop I don't give a crap what it says the only reason it is written like that is because some firearms don't have serial numbers trust me the TBI will ask for the serial number when you call or submit it the know what make and models should have serial numbers when it comes back stolen they send your stores local Leo right then to verify and take the weapon and the records of who it came from
I would imagine you "don't give a crap what it says," because you're illiterate. It's patently obvious you're too [bleep]*cking stupid to understand what was posted and it's equally obvious you're too [bleep]*cking stupid to even form a coherent reply. (I mean really, what in the hell is that nonsense of the latter part of your post?) But I digress.

Read the f*cking post, dumbass. Read the the f*cking citation of the Tennessee law. It doesn't say a damned thing about checking the serial number and description of the firearm to be sold against a stolen firearms database. It states that the make, model, serial number, and description will be provided to the TBI. PERIOD. This is the same information that is on the BATFE form 4473. The only "check" that appears to be legally required is that of the buyer's legal eligibility to buy and possess a firearm.

All of this leads to the obvious question: are there a large number of stolen firearms in Tennessee that would compel the TBI to check every transaction?

Whatever the case may be, there is no requirement at the federal level that firearms be checked for stolen status as a condition of a transaction, nor is there a requirement in most states. Not even Tennessee.

Read the post before responding with any future idiocy, dumbass.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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Originally Posted by safariman
Originally Posted by goodiewrench
If so, you forgot some things:

1. The Police are not your friends (have a retired one in the family).
2. Never talk to the police without an attorney present ( have an active one in the family).
3. Police are not evauated by their bosses on how nice they are. Cases cleared and convictions obtained are their primary metrics.

"strip the gun", that gives you some idea of how many idiots can buy a computer without a basic I.Q. test !

Get an attorney, have him/her call BATF and get this resolved.
+1 on all points, WELL SAID throughout.
goodiewrench = latest incarnation of Oldmanbitchlady1942


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
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Originally Posted by MMcDonald
If you want to PM me the make, model, and serial # of the gun along with the state it was bought from. I'll check on it to see if it's stolen or not. I think the whole thing sounds like a scam. If it were reported stolen and it was transferred through your FFL then you would have already been contacted by the police and most likely by the local police face to face. You should be in no trouble and don't strip the gun and get yourself into trouble.. I don't think you need an attorney asyou can show where it came from, some states (NY included) have laws similar to Criminal possession of stolen property. That would be if you knowingly possessed stolen property. At this point in time I would suspect you do not know it is stolen, just told that by someone that is not verified.
Seems to me like a good way to make 500 bucks to sell the gun and have a friend pose as a LEO and ask you to ship it to them...face to face only on that deal with LEO.
Me- Police Investigator, 18 years. I handle most firearm related crimes in my department.. I'm not going to call your local PD to jack you up if it does turn out to be stolen but hopefully I would be able to help you through the process so you wouldn't need to spend any money on an attorney- easy to do. If you want to PM me your # and a good time to call I would talk to you about it. Not every cop is an a-hole but you can run into them for sure, same as you can run into a-holes in any profession.
I'm suspicious about this whole deal and not convinced it's actually stolen..



Bravo MMcDonald for being a stand up guy and offering to help a fellow campfire member.

Well done sir.

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He pm'd the serial number to me and it is indeed stolen and listed in NCIC

Last edited by pacecars; 05/14/11.

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He is also in contact with the proper agency


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Good on ya! Thanks from all of us. Love this place.


LOVE God, LOVE your family, LOVE your country, LIKE guns and sports.

About 2016 team "R" candidates "We definitely need a crew with a sack of balls the size of hot water bottles, bloviated estrogen leaking feel-gooders need not apply." Gunner 500
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