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Legal question. Say a man gets a call from an ex wife saying she has a 9nn handgun and a 20 gauge shotgun and she wants him to take the the shotgun to a pawn shop and pawn it for her. Lets say the ex wife is a two time felon. Say the guy knows he wants nothing to do with any of this. The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO?


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Who knows that he knows?


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Originally Posted by EdM
Who knows that he knows?

....everyone now.


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No one has any legal "obligation" to report a crime aside from certain professions such as Dr's who have to report child abuse or gunshot wounds.

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Originally Posted by Scott F
Legal question. Say a man gets a call from an ex wife saying she has a 9nn handgun and a 20 gauge shotgun and she wants him to take the the shotgun to a pawn shop and pawn it for her. Lets say the ex wife is a two time felon. Say the guy knows he wants nothing to do with any of this. The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO?


If either of my ex wives were two time felons I wouldn't answer if/when they called.


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Originally Posted by EdM
Who knows that he knows?


Right now just me and I will only say he is in another state than I am.


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What phone call???

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Originally Posted by cra1948


If either of my ex wives were two time felons I wouldn't answer if/when they called.


He didn't, in fact he has her on call blocking. She lives in the same town and came to him.

Both felonies were for child abuse and it was bad enough she served time for both and had to give up all parental rights. She is also a pain med addict.

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Originally Posted by hanco
What phone call???


I told him to call the local police and am trying to convince him to do so.


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She's just asking the question and He's not seen her in possession, yet, so it's just hearsay.
Does he know the firearms aren't stolen?
That could get ugly at the Pawn shop even if she's not trying to set him up.




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Scott

That would be a matter of state law.

Don't tell us what state.


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Originally Posted by Scott F
Legal question. - - - . The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO?
Not a LEO, lawyer or judge - but a guy knowing that someone is a felon is a guy knowing nothing more the legal authorities already know. Nothing important there.

Nor does he know for certain that she actually has firearms in her possession - nor does he know for certain that the "proposal" will result in a bona fide action.

An unlearned view is that he has no liability if he does not report something he does not know. Some "expert" may step up and clobber that - it's OK if so.


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If I had an ex that was a felon in possession of a firearm the ATF would be learning about it pronto.

But not because of any legal obligation


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Originally Posted by Scott F
Legal question. Say a man gets a call from an ex wife saying she has a 9nn handgun and a 20 gauge shotgun and she wants him to take the the shotgun to a pawn shop and pawn it for her. Lets say the ex wife is a two time felon. Say the guy knows he wants nothing to do with any of this. The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO?


Is he fuggin' stupid? If he knows she is a felon and barred from possession, the moment he enters into her presence with the intent declared or implied to take possession he is at risk. If he takes possession, he's f'ked.

She is an ex-wife? If there are minor kids still involved, get the cops involved, have her ass locked up, and get custody of the kids. If no kids involved? Tell her to piss up a rope, get a restraining order, and change numbers.


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Seeing as she is a felon and can not legally purchase firearms I would be concerned they are stolen. If he did pawn them it is him who will be getting arrested over the stolen firearms. He needs to tell her hell no and he should tell the cops.
Tell him to get the phugk up out of his life, before she phugks up his life!


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IF, IF, if he really wants to 'help her out'....

I would not go there without backup.....

prior to arrival that backup would have been fully briefed...

and that backup would be local law enforcement, who knocks on the door and tells her why we are here.....

LEO can then take possession and hand them over for sale after they determine they are not stolen.....

however, before you even get to the IF, IF, if.....I would have to ask your 'friend'....

Are you knucking futs?????



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Scott F Offline OP
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Originally Posted by 4ager
Originally Posted by Scott F
Legal question. Say a man gets a call from an ex wife saying she has a 9nn handgun and a 20 gauge shotgun and she wants him to take the the shotgun to a pawn shop and pawn it for her. Lets say the ex wife is a two time felon. Say the guy knows he wants nothing to do with any of this. The question is since he knows she is a two time felon does he have any liability under the law if he does not report this to LEO?


Is he fuggin' stupid? If he knows she is a felon and barred from possession, the moment he enters into her presence with the intent declared or implied to take possession he is at risk. If he takes possession, he's f'ked.

She is an ex-wife? If there are minor kids still involved, get the cops involved, have her ass locked up, and get custody of the kids. If no kids involved? Tell her to piss up a rope, get a restraining order, and change numbers.


My thoughts. I am working hard to get him to turn her in. There are kids but she has no parental rights, he has full custody. Her felonies were for child abuse.


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Originally Posted by muffin
IF, IF, if he really wants to 'help her out'....

I would not go there without backup.....

prior to arrival that backup would have been fully briefed...

and that backup would be local law enforcement, who knocks on the door and tells her why we are here.....

LEO can then take possession and hand them over for sale after they determine they are not stolen.....

however, before you even get to the IF, IF, if.....I would have to ask your 'friend'....

Are you knucking futs?????



I have already saked that question. My friend wants nothing to do with any firearms that have any chance of being questionable.


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Scott,

Let me preface the following with a comment; If, and only if, he KNEW she was in possession of the firearms, would he be liable;

18 U.S. Code § 4 - Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

Given her legal status, I'm betting they are stolen. Again, if, and only if, he wanted to get her out of his life, he could notify the local LE agency where she is of what she is asking and leave the ball in their court. To really scorch her ass, call it into the BATFE office where she lives.


Ed


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Based on my limited research (a few minutes googling), I agree with APDDSN0864 above.

However, most importantly, I think this guy would be dumb to accept as gospel any advice on an internet forum. I five minute conversation with an actual attorney in said jurisdiction would be money well spent.

None of us are lawyers, and if we were, none of us would give sound legal advice on a forum in this manner.


Intellectual honesty is the most important character trait in human beings.
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