Usmc5811
US Veteran
Awesome find congrats. And give your mother a hug and a kiss. Wish I could hug mine one more time.
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Sent from my iPhone using Tapatalk
A $10.00 S&W Model 36
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In an off Forum discussion with one of my good LE friends the term "theft of lost or mislaid property" came up. I can think of any number of ways, both honorable and dishonorable of how the S&W Revolver came to be in the box. How ever I do not believe the original poster or his mother did anything wrong in buying the box. Their thought was we bought the teacups{more than we wanted} but purchased them just the same. I myself agree with Walter Rego and several others above. All my very best, Joe.
And your police buddy will be committing a crime, making him an accessory after the fact. Nice way to end a career in Law Enforcement. What are you going to tell him why you want the numbers run? My mother found this in a box of tea cups. This makes him as guilty as you and mom.
Not intended to be take as Legal Advice:
The OPs mom bought a "box of stuff" at an estate sale for $10.......most of which was wrapped in newspaper and the contents were unknown to the buyer and seller.....two tea cups were displayed on top..... there is not a reference in any of the OPs post (that I recall) that the box was labeled "Tea Cups". The seller set a value on the "box of stuff"...... the OP's mom paid the price asked.
there was no theft.
There are all sorts of stories of people selling and buying "stuff" without knowing its true fair market value......... I bought a revolver at a LGS that was on consignment for $325..... the asking price........I recognized it as a
98% Registered Magnum.............did I steal it? I knew it was worth more than the asking price..... but had no idea of it's fair market value. A local gun shop had a 3 inch Model 66 for sale .....labeled " S&W Model 66 .357 $325" (325 is my lucky number)...... at the time 3inch 66s were selling here for between $500-600..... did I steal it.
Gun dates to 1977....... could the "heirs" even have legal possession? (In Pa "maybe" depending on their relationship to the deceased.)
Did the estates Executor have legal possession?......was the estate settled. Or was she liquidating assets? Was she exercising due diligence in her role as Executor?
Did the firm conducting the sale have legal possession? ( LOL If the "seller" was "in the business of" selling estate goods... did they have a legal duty to collect sales tax on all sales?)
Was there a legal transfer of the ownership of the handgun?
Those are totally separate legal questions.
The OPs mom bought a "box of stuff" at an estate sale for $10.......most of which was wrapped in newspaper and the contents were unknown to the buyer and seller.....two tea cups were displayed on top..... there is not a reference in any of the OPs post (that I recall) that the box was labeled "Tea Cups". The seller set a value on the "box of stuff"...... the OP's mom paid the price asked.
there was no theft.
There are all sorts of stories of people selling and buying "stuff" without knowing its true fair market value......... I bought a revolver at a LGS that was on consignment for $325..... the asking price........I recognized it as a
98% Registered Magnum.............did I steal it? I knew it was worth more than the asking price..... but had no idea of it's fair market value. A local gun shop had a 3 inch Model 66 for sale .....labeled " S&W Model 66 .357 $325" (325 is my lucky number)...... at the time 3inch 66s were selling here for between $500-600..... did I steal it.
Gun dates to 1977....... could the "heirs" even have legal possession? (In Pa "maybe" depending on their relationship to the deceased.)
Did the estates Executor have legal possession?......was the estate settled. Or was she liquidating assets? Was she exercising due diligence in her role as Executor?
Did the firm conducting the sale have legal possession? ( LOL If the "seller" was "in the business of" selling estate goods... did they have a legal duty to collect sales tax on all sales?)
Was there a legal transfer of the ownership of the handgun?
Those are totally separate legal questions.
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OK, you buy a house and in the attic hidden under some insulation you find a gun or guns.
Are they stolen??? You bought the house and everything included therewith.....
Are they stolen??? You bought the house and everything included therewith.....
Black Knight
Member
Where am I when these deals come up?
OK, you buy a house and in the attic hidden under some insulation you find a gun or guns.
Are they stolen??? You bought the house and everything included therewith.....
Not intended as Legal Advice:
No not stolen ; but do you have a"legal right" to keep them?.......
IMHO they should be returned to the prior owner. As they are not "fixtures" (ceiling fans/lights), included in the sales agreement ( appliances/ window treatments)...... never seen a sales agreement that includes "everything therein" Generally the seller needs to leave the home in broom clean condition.
Unless you are only the second owner of the home...................(if there have been several prior owners)......... I would.............
ask the prior owner if he forgot any "guns/firearms"? Can he establish ownership? Bill of sale etc. If he/she says yes but can't document it ........ ask for make/type/caliber......if he can establish ownership return them!!!!
If not I would probably treat them as abandoned...................
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Geeze Louise! Are you that jealous?
I don't think there is anything to be jealous of.
I guess we were brought up in a different era.
I guess we were brought up in a different era.
Texas Star
US Veteran
Why the pics of Patrick Stewart? He's anti-gun and has another characteristic that I can't mention here. And he drinks Earl Grey tea, which seems affected and which tastes awful.
Oh: the Queen also likes Earl Grey , probably as supplied by Twining's, one of my favorite tea merchants, est. in London in 1706. I drink some of their other tea. No disrespect meant to Her Majesty.
As for Capt. Picard (Stewart), the only one of those Star Trek spin-offs I liked was, Enterprise, mainly for T'Pol. But I've never seen her do those face palm poses.
Folks, this has gone as far as it needs to. I think we've covered all angles. Now, we just wait and see if the auction company or the bereaved family reports the gun as stolen.
Even if so, unless the gun comes to police attention in some way, probably nothing will happen. If the present owner/holder ever sells the gun and someone checks on it, the cat will be out of he bag, if a stolen report was issued.
That's why I urge the OP to get a note from his mom, telling how and when the gun came into her possession, date and all, and the place involved, and the insistence that she buy the entire box of stuff.
Photograph that box and the other contents.
Then, Mom can sell the extra teacups at a garage sale and come out with a profit. But check out those cups: they may be valuable china on their own!
Oh: the Queen also likes Earl Grey , probably as supplied by Twining's, one of my favorite tea merchants, est. in London in 1706. I drink some of their other tea. No disrespect meant to Her Majesty.
As for Capt. Picard (Stewart), the only one of those Star Trek spin-offs I liked was, Enterprise, mainly for T'Pol. But I've never seen her do those face palm poses.
Folks, this has gone as far as it needs to. I think we've covered all angles. Now, we just wait and see if the auction company or the bereaved family reports the gun as stolen.
Even if so, unless the gun comes to police attention in some way, probably nothing will happen. If the present owner/holder ever sells the gun and someone checks on it, the cat will be out of he bag, if a stolen report was issued.
That's why I urge the OP to get a note from his mom, telling how and when the gun came into her possession, date and all, and the place involved, and the insistence that she buy the entire box of stuff.
Photograph that box and the other contents.
Then, Mom can sell the extra teacups at a garage sale and come out with a profit. But check out those cups: they may be valuable china on their own!
WOW!!! This is better than Facebook,You Tube. The Tea Cup Scandal. I see Henry Fonda, Lee J. Cobb in the jury room. Forum members smoking, pacing the jury room floor, arguing among themselves. Did mother have criminal intent when she bought those boxed, paper wrapped tea cups? The jury could be out for DAY'S!!!
policerevolvercollector
Member
If the box had contained a wallet with ID and $500 dollars in it under the tea cups, would it be OK to keep that also?
Folks have worked themselves in a frenzy because this is a nice gun. Let's face it we are all addicted to some degree in that regard. My point is if it were not a firearm would we be having this discussion?
Most folks would realize it was an error and return the money,right? Is this really any different?
Some moral compasses are spinning with wild abandon.
Folks have worked themselves in a frenzy because this is a nice gun. Let's face it we are all addicted to some degree in that regard. My point is if it were not a firearm would we be having this discussion?
Most folks would realize it was an error and return the money,right? Is this really any different?
Some moral compasses are spinning with wild abandon.
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MikeLeitner
Member
There isn't an episode of "Antiques Roadshow" that doesn't have a story of a "find" in a box of stuff. Are they all felons and/or immoral low-life's?
The ONLY difference in this case is that it is a firearm.
Is there not a single lawyer on this forum that can state authoritatively whether or not this purchase was legal?
PS - If OP and mom live in different states, then a felony has been committed. In that case, he purchased a handgun and transported it across state lines without an FFL.
The ONLY difference in this case is that it is a firearm.
Is there not a single lawyer on this forum that can state authoritatively whether or not this purchase was legal?
PS - If OP and mom live in different states, then a felony has been committed. In that case, he purchased a handgun and transported it across state lines without an FFL.
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Texas Star
US Veteran
Might depend on the locale. But you already have the statement of a retired FBI agent that it is legal.
My concern is that they may have to prove they got the gun that way.
MikeLeitner
Member
Thanks, I missed that one.
But my PS does stand.
PSS - Can you purchase a gun in Texas (assuming that that is where this took place) without showing any ID or making any record of it?
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Good grief! I would never have imagined such controversy about something so simple. 
Family and auction company (or whatever they are) are guilty of "epic fail" to do their jobs. Mom bought the gun fair and square, even though she didn't know she was buying it. I imagine this kind of thing happens from time to time in these situations. If I was one of the survivors and I learned of this I would just think it's my "tough luck" for not being more diligent.
SIGP220.45 says it's not a stolen gun, presumably based on what Mom knows. Given his background, that's good enough for me. It's not a quarter-million dollar Faberge egg!
Family and auction company (or whatever they are) are guilty of "epic fail" to do their jobs. Mom bought the gun fair and square, even though she didn't know she was buying it. I imagine this kind of thing happens from time to time in these situations. If I was one of the survivors and I learned of this I would just think it's my "tough luck" for not being more diligent.
SIGP220.45 says it's not a stolen gun, presumably based on what Mom knows. Given his background, that's good enough for me. It's not a quarter-million dollar Faberge egg!
What should the OP get his mother for Mothers Day, a bar of soap with a hacksaw inside?
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