You came to the right place. Ask around...
I've called the local Sheriffs office ask them about a shotgun and a chain saw i got way to cheap both were good to go. They didn't have a problem looking it up for me. However, it was already in my possession and I knew the person I bought it from so if anything was stolen it would have been confiscated and the seller arrested.
For stealing
Several years ago a foreman at work had a 72 Chevy truck for sale. I thought about buying it, but didn't. A few weeks later, the police busted a car theft ring in Louisville. The 72 was in their files. ( who keeps records of stolen cars) They had changed the numbers on the truck, but not the hidden ones. The foreman had to return the truck to a man in GA. He'd bought the truck from his neighbor, the neighbor had to give him his money back or face charges of selling stolen property. The neighbor lost his money because he'd unknowingly bought the truck from the thieves. I assume it would be a similar deal if it was a gun, if you knew the person you got it from. Although vehicles have titles and are easier to trace.
Recently I had a case where my client was charged with theft of a handgun after an ISP stop. The officer noted that the gun showed up in NCIC as stolen...in 1978. My client is 20.
Long story short, the State finally offered my client a plea to B misdemeanor possession of marijuana and he took that. I would have been happy to go to trial on all the counts, but my client just wanted it done.
So you can be charged with theft of a firearm even without PC or a victim.
My client is currently facing new charges of carrying without a license in another county, so he apparently learned nothing from his ordeal and my good advices. That weapon (a S&W M&P 9) wasn't reported as stolen. He just didn't have a LTCH.
You CAN be charged with anything, but I notice the actual arresting charge was probably something else. (Possession of marijuana) I'm guessing traffic stop? As long as you have good PC for your arrest, throwing additional charges against the wall to see what sticks is a time-honored tradition. If someone who is 20 years old is arrested solely for a theft that occurred in 1978, and a prosecutor actually files the charge, then heads need to roll at both the PD and the prosecutor's office.
yup... overwhelm the defendant and make them 'want to be done with it' and take the deal as Cobber said. All for a crime he couldn't have possibly committed and a non-violent misdemeanor... I know this happens all the time but my disgust never falters when I hear these stories
You CAN be charged with anything, but I notice the actual arresting charge was probably something else. (Possession of marijuana) I'm guessing traffic stop? As long as you have good PC for your arrest, throwing additional charges against the wall to see what sticks is a time-honored tradition. If someone who is 20 years old is arrested solely for a theft that occurred in 1978, and a prosecutor actually files the charge, then heads need to roll at both the PD and the prosecutor's office.
This. Cobber's client is a red herring. His gun charge is OBVIOUSLY related to other charges.
It's a long stretch to say that someone with a gun that has been stolen is the one who stole it. What if he bought if from a friend? There's this little thing called "probable cause" that makes theft charges very difficult against someone who is merely in possession of a gun that has been reported stolen.
Otherwise, you'd go to jail the moment you brought the gun to the officer to check it for you.
"What are you doing in possession of stolen property? Bought it from a friend? Yeah, sure buddy. Off to jail."
Odds are you're just gonna lose your gun if they find its stolen. There may be some uncomfortable questions asked of you, but if the cops cant prove you actually stole it, they'll just cut you loose and keep the gun and attempt to return it to the person who reported it stolen. Unless you are in Indy... Then it goes to the property room for a long time to be tested then released eventually. Guess they gotta make sure nobody was shot with. Apparently innocent until proven guilty only applies to you and doesnt extend to your personal property.