Specific legal question related to "stolen" firearm?


Charagrin

New member
Hello all, my name is Steve, and I am a new member. I know it is rude to jump right into a question without introducing myself, but I have a problem and want to know the best way to go about it. I am not expecting legally binding advice or anything, just direction on what to do or consider. The explanation is going to be kind of long and meandering, but I could really use the advice as I myself am not a super knowledgeable gun guy.
First some back ground. About 4 years back I sold some land, and part of the deal was for the buyer to add some handguns to the deal, to bring his cost down. We went through an FFL for a firearm transfer, so both weapons are under my name. Almost immediately I sold one of the 2 guns, a Glock 23, but kept the Star BM because it was interesting and caught my eye. A few months after the deal, I decided to return to school, and so could not bring the Star with me, so I gave it to my grandmother to hold on to(they had a safe.) Everything was fine during my 2 years in school living on campus, and the following 2 years while I was working way upstate. I talked to my gram on occasion, and she said everything was fine, and the gun was safe.
The problem starts a month or so ago, when I decided I wanted the gun back. I went to my grams and asked for it, and she told me my Uncle was holding onto it. Ok, no big deal, me and my Uncle have never gotten along but we are polite to each other at least. I contacted him, and asked for it back, and he told me that since my grandmother GAVE it to him to hold onto, it is no longer mine, and I can not have it back. The issue is, the weapon is still registered in my name, I did not sell it or give it away and thus there is no BOS for it proving it is not in my possession, and I did not know he had it until a month back. He will not give it back, but since it is under my name legally, I kind of need to have it back. If he sells or gives it to a friend, and they do something with it, I will get in trouble for not having a BOS transferring it out of my control, or reporting it stolen. I do not want him arrested per se, and would prefer to do this as quickly and cleanly as possible, but if I have no other choice I will take the full on legal route and report it stolen and submit the evidence that he has it and refuses to give it back. So...any particular way i can handle this quickly and easily, or will I have to go all the way?

Again, sorry for jumping right into this, but I do not know what else to do. I really don't feel like being arrested for not reporting a gun stolen if it is used in a crime, but I would also prefer not to send my Uncle to jail or give him a felony record if I can help it. Thank you for your time.
 

Get in touch with him and tell him exactly what you said here. You do not want him arrested and prosecuted but if he leaves you no choice then it is the course you will pursue. By the way never leave personal belongings with family, that is what safety deposit boxes are for. Not lecturing, just saying.
 
I'd tell him that you want it back, and if he refuses, then you'll have no choice than to go to the cops.
It's called theft if he doesn't give it back.

UD
 
The FFL transfer paperwork would prove ownership. Present the facts to your uncle and state he'll leave you no other choice then have the police intervene if he fails to return your property. JMHO
 
You posted this EXACT same post on another forum last year. What do you hope to glean here you did not get there?
 
Send him a copy of the federal statute that deals with stolen firearms. Make sure you include the sentencing guideline as well. BTW...would you answer the post above.
 
You posted this EXACT same post on another forum last year. What do you hope to glean here you did not get there?

Um, no I didn't? I have never been on this site before, and had to make this account to post. Regardless, thank the rest of you for your help. I now have the weapon back in my control. I just laid out the facts and told him I had witnesses, and he himself admitting to me and others he had it, and that I would notify Law Enforcement and report it stolen, and he gave it back. I am curious as to the post by "Maine CWP Training" saying the weapon is not registered to me. It was transferred to me by an FFL, the SN was recorded, I signed for it, and I was given a background check. How is the gun not registered to me?
 

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