Destroying Stolen Guns?

tkd4life · Mar 15, 2015

So I've recently had a cousin have his AR-15 stolen from his house. Once he realized his house was broken into he called the cops. As the house was in Baltimore City, I highly doubt the cops are very concerned with finding the rifle or the other things stolen as I'm sure they are busy as hell with other more important things. We are all pretty sure his rifle will never be seen again. Either way he was telling me that after the interview the cops told him that if they found the rifle and the serial numbers were still intact or if the rifle wasn't used in the commission of a crime, they would return the rifle to him.

One thing I don't understand, assuming the gun is used in the commission of a crime, how is it legal for the state to destroy personal property after it is found. If the property was illegally taken from an owner, shouldn't it be returned to the owner when found? How is it relevant that the gun was used in the commission of a crime? Isn't it illegal seizure of property if the state destroys a firearm without due compensation?

I mean if someone steals your car and commits a felony hit and run, would it be ok for cops to auction your car off or destroy it without attempting to pay you for it or even give it back? I guess I don't understand how the current policy is constitutional. Anyone smarter than me on the subject have an input?

Mr H · Mar 15, 2015

"Destroy" is their logical follow-on to "Recover", sorry to say.

StantonCree · Mar 15, 2015

Well without registration and access to ATF records how are cops supposed to find the owners? Say you bought the gun in a FTF sale......how am I supposed to find the owner? Or say you bought the gun in VA when you lived there, what records do we search to know it's yours? Antiques? How do I find the owner if there is no serial number? Not in favor of registration just making you think.

If the gun is used in a homicide it stays as evidence longer than you will ever be alive for appeals.....so that's out.

As far as the illegal seizure your thought process is flawed.

Fox123 · Mar 15, 2015

mpdc4511 said:
Well without registration and access to ATF records how are cops supposed to find the owners? Say you bought the gun in a FTF sale......how am I supposed to find the owner? Or say you bought the gun in VA when you lived there, what records do we search to know it's yours? Antiques? How do I find the owner if there is no serial number? Not in favor of registration just making you think

From the police report that the owner files when he found out it was stolen?

StantonCree · Mar 15, 2015

Fox123 said:
From the police report that the owner files when he found out it was stolen?

Yes and that does happen however most of the recovered weapons aren't reported stolen. That crappy old Iver johnson, rohm, and Davis people just chalked up as a loss. There are millions of them floating around where the original owners have no idea where they are. I've recovered hundreds of guns and a lot are reported stolen (usually your glocks, Rugers, and nicer guns) but more of them are not.

My partner recently recovered a 6 inch nickel Python in 95% from a 16 year old......not reported stolen. 2000 bucks not reported.

I've recoverd 3 US MIL marked 1911s, none reported stolen.

Rem700fan · Mar 15, 2015

Just shows the importance of recording all serial numbers and using them when reporting stolen items. Tvs, guns, etc.

cad68m_m · Mar 15, 2015

Report and then MSP?

In 1985 I reported to MSP the theft from my Home of a Colt 32 Auto that I had purchased from a FFL in Maryland during 1978. About 5 years latter Annapolis police detective contacts me, knows that I had purchased the pistol, but not that I had reported it stolen. Gun was used in a homicide or suicide. I showed him the theft report, and said I wanted it back. Took about a year, and several phone calls, but eventually I did get it back. Needless to say I have several gun safes now.

MdPrep · Mar 15, 2015

Some good talking points of thought here. Was the rifle insured against the loss? If so, it shouldn't matter that the property was returned might be another paradigm to think on.

StantonCree · Mar 15, 2015

cad68m_m said:
In 1985 I reported to MSP the theft from my Home of a Colt 32 Auto that I had purchased from a FFL in Maryland during 1978. About 5 years latter Annapolis police detective contacts me, knows that I had purchased the pistol, but not that I had reported it stolen. Gun was used in a homicide or suicide. I showed him the theft report, and said I wanted it back. Took about a year, and several phone calls, but eventually I did get it back. Needless to say I have several gun safes now.

You did not get it back if it was a murder......must have been a suicide.

We do give them back.......after a lot of red tape and laziness.........I recently helped a member here get there stolen gun back.

hooligan82 · Mar 15, 2015

mpdc4511 said:
Yes and that does happen however most of the recovered weapons aren't reported stolen. That crappy old Iver johnson, rohm, and Davis people just chalked up as a loss. There are millions of them floating around where the original owners have no idea where they are. I've recovered hundreds of guns and a lot are reported stolen (usually your glocks, Rugers, and nicer guns) but more of them are not.

My partner recently recovered a 6 inch nickel Python in 95% from a 16 year old......not reported stolen. 2000 bucks not reported.

I've recoverd 3 US MIL marked 1911s, none reported stolen.

Do you guys check reports filed in other states? Is there is some sort of nationwide database for stolen guns?

mopar92 · Mar 15, 2015

mpdc4511 said:
Yes and that does happen however most of the recovered weapons aren't reported stolen. That crappy old Iver johnson, rohm, and Davis people just chalked up as a loss. There are millions of them floating around where the original owners have no idea where they are. I've recovered hundreds of guns and a lot are reported stolen (usually your glocks, Rugers, and nicer guns) but more of them are not.

My partner recently recovered a 6 inch nickel Python in 95% from a 16 year old......not reported stolen. 2000 bucks not reported.

I've recoverd 3 US MIL marked 1911s, none reported stolen.

Those where mine.

(Worth a shot anyways)

StantonCree · Mar 15, 2015

hooligan82 said:
Do you guys check reports filed in other states? Is there is some sort of nationwide database for stolen guns?

If the gun is reported stolen it goes in NCIC and we alert the jurisdiction to alterts the owner.

hooligan82 · Mar 15, 2015

mpdc4511 said:
If the gun is reported stolen it goes in NCIC and we alert the jurisdiction to alterts the owner.

I figured there was something. I didn't realize NCIC was used for anything except background checks. Thanks.

1time · Mar 15, 2015

He'll be lucky to get them back if they recover them and they had no involvement. My father had several handguns stolen. A few years went by and he called to check. One of them was no longer in NCIC. After some checking that one had been recovered by them and destroyed. The report said they could not contact him despite his home, cell, and work number along with his address never changing.

TheRealJimDavis · Mar 16, 2015

I've had several stolen guns that we recovered and returned to their owners. And I've had people out of state who I contacted who weren't willing to come get them. Fwiw

rico903 · Mar 16, 2015

I know in PA if a stolen gun is used in a homicide it will not be returned. The Gun Bunker had 3 of the guns from their break in used in murders and they will not be getting them back. And they are LEO's, doesn't matter.

Dogabutila · Mar 16, 2015

tkd4life said:
So I've recently had a cousin have his AR-15 stolen from his house. Once he realized his house was broken into he called the cops. As the house was in Baltimore City, I highly doubt the cops are very concerned with finding the rifle or the other things stolen as I'm sure they are busy as hell with other more important things. We are all pretty sure his rifle will never be seen again. Either way he was telling me that after the interview the cops told him that if they found the rifle and the serial numbers were still intact or if the rifle wasn't used in the commission of a crime, they would return the rifle to him.

One thing I don't understand, assuming the gun is used in the commission of a crime, how is it legal for the state to destroy personal property after it is found. If the property was illegally taken from an owner, shouldn't it be returned to the owner when found? How is it relevant that the gun was used in the commission of a crime? Isn't it illegal seizure of property if the state destroys a firearm without due compensation?

I mean if someone steals your car and commits a felony hit and run, would it be ok for cops to auction your car off or destroy it without attempting to pay you for it or even give it back? I guess I don't understand how the current policy is constitutional. Anyone smarter than me on the subject have an input?

If it was used in commission of a crime they have to keep it as evidence in case they ever make an arrest etc?

Boxherd · Mar 16, 2015

hooligan82 said:
I figured there was something. I didn't realize NCIC was used for anything except background checks. Thanks.

NCIC = National Criminal Information Center
NICS = National Instant Criminal Background Check

Inigoes · Mar 16, 2015

Hopefully that will change after the Supreme Court opines on this very issue, this session.

Where the government can not keep custody of seized firearms.

Doctor_M · Mar 16, 2015

What sucks now because of the MD FSA is that if you have a now banned gun stolen from you, unless the original is returned, you are out of luck and cannot replace it in any way.

Destroying Stolen Guns?

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

Banana'd

Watch your beer

Ultimate Member

Watch your beer

Ammo Disposal Expert

Member MSI, SAF, NRA

Tactically Tactless

Watch your beer

Ultimate Member

Official MDS Court Jester

Watch your beer

Ultimate Member

Ultimate Member

Active Member

Ultimate Member

Ultimate Member

Member

Head'n for the hills

Certified Mad Scientist

Users who are viewing this thread

Log in

Forum statistics