Found in wall.....Loaded too...After 70 years.

charles_the_hammer said:
I agree. Can't abide thieves. This contractor should do what's right and return this firearm to the person who stashed it behind that wall. He should go to the county courthouse and look for the property deed, then the local library to check the obituaries, then find the closest living relative to the former homeowner and return this firearm to them that they had no clue they even owned. Check Find A Grave or Ancestry dot com. This person obviously thought a lot of this weapon or they wouldn't have gone though the trouble to keep it in such a safe place. It's important that this family heirloom be returned to it's rightful owner instead of the current homeowner who has obviously attempted to swindle a free gun in the wall when they bought the home.

After exhausting all efforts to locate either the original owner or closest living relative, I would then invoke the law of "Finder's Keepers, Losers Weepers".
Click to expand...

Wow, aren't you just a special kind of.......................... Never mind... SMH
 
ColbyBruce said:
Anybody can do anything they want as long as they are willing to suffer the consequences. That contractor made two errors; he considered taking the gun then he did take it. Just plain stupid.
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Actually the two mistakes the contractor made were taking the gun and then telling someone he did it. Thinking about doing something , absent anything else, is simply not a crime otherwise a lot of us would be guilty of all kinds of unspeakable crimes :eek:
And by not reporting it, the person he told is guilty of Misprision of Felony.

Pesky little things like "the Law"
 
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ischia said:
Friend told of contractor recently finding a loaded .38 SPL(S&W or Colt) during a home remodel. He was working on the job at the time so more that one person knows about the find for sure. It is a SPD marked(police issue?) loaded,one round fired, case not removed. The contractor researched previous owners of the home and found that in 1948 it was owned by a SPD detective who's wife suddenly disappeared back then. The contractor did not tell the home owner. Yes, I would call that theft. What would you do?

Ischia
Click to expand...

This is all just hearsay. Not a drop of proof of anything here. And, if it HAD happened as written depends on local gun laws. In NYC, New Jersey, California, Chicago and certain other Gestapo states or cities ... it is a crime. The gun is supposed to be turned in to the PD and that is IT !! NO, exceptions.

In other states the owner of the house just need do a stolen gun check. In Florida, the FDLE has a stolen gun search web page, open to the public. If it is not stolen, it belongs to the owner of the house who might have likely given it to the contractor, I'd bet.

His missing wife ? It's a matter of habeas corpus. No body, no crime. And if he HAD done it, why hide the gun when there's no body (nobody, no one) ?

That was likely a hide out or stash gun in the house. I think EVERYONE keeps a hideout somewhere that only he knows where it is.
 
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About 5-6 years ago in my office building, I was heading into the men's room as a guy passed me coming out, not thinking anything of it, I did my business and went to wash my hands and by the sink was this huge, honking solid gold mans ring encrusted with large diamonds! Thinking it was fake, I picked it up and it was solid 14k gold. I figured the guy that had just left took it off while washing his hands, but It didn't even cross my mind to keep it, but how to go about finding the rightful owner as we have a lot of construction workers in and out of our bathroom at times. I went to the business that shared our office building and told the receptionist I just found something in the bathroom that was valuable and to ask around her office. I old nobody else, but about 3 hours later my boss walks in my office with the guy that left it in the bathroom, I gave it to him, he didn't even say thanks' believe it or not, but I heard my boss telling him on the way out it was good one of his employees found it or it would have been gone. He said he was so used to wearing it he didn't even realize he'd left it on the sink and the ring was valued around 10K and it had belonged to his grandfather, he thanked me later in the hallway one day. Two things I took away from this was my boss now new my true character and this guy got his invaluable (to him) ring back that was a family heirloom. Some things are just worth a lot more than money.
 
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Muss Muggins said:
You're not really trying to convince us that the Napoleonic Code represents the rest of the laws of the land . . . ?
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I feel it is the best and if y'all took some time to read and understand it you would agree. I post the first two Chapters of the code for purusal . The code takes the novel approach that legislation is the primary source of law...imagine that:eek:

CHAPTER 1 - GENERAL PRINCIPLES

Art. 1. The sources of law are legislation and custom. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 2. Legislation is a solemn expression of legislative will. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 3. Custom results from practice repeated for a long time and generally accepted as having acquired the force of law. Custom may not abrogate legislation. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 4. When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed according to equity. To decide equitably, resort is made to justice, reason, and prevailing usages. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 5. No one may avail himself of ignorance of the law. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 6. In the absence of contrary legislative expression, substantive laws apply prospectively only. Procedural and interpretative laws apply both prospectively and retroactively, unless there is a legislative expression to the contrary. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 7. Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 8. Laws are repealed, either entirely or partially, by other laws.

A repeal may be express or implied. It is express when it is literally declared by a subsequent law. It is implied when the new law contains provisions that are contrary to, or irreconcilable with, those of the former law.

The repeal of a repealing law does not revive the first law. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

CHAPTER 2 - INTERPRETATION OF LAWS

Art. 9. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 10. When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 11. The words of a law must be given their generally prevailing meaning.

Words of art and technical terms must be given their technical meaning when the law involves a technical matter. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 12. When the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]

Art. 13. Laws on the same subject matter must be interpreted in reference to each other. [Acts 1987, No. 124, §1, eff. Jan. 1, 1988]


Me again: Louisiana law is not a mysterious mishmash of voodoo, chicken bones and swamp water( although we use strange sounding terms like succession vs probate or servitudes vs easements-don't even get me started on usufructs :D) but is a sound legal philosophy- unlike the genesis of English common law which was basically courts making it up as they went along. Louisiana's philosophy of legislation first and then courts only if absolutely necessary seems to be more in line with the general feeling of members of this forum regarding strict construction.
 
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