A stolen gun question

[Rule3]

I can't positively speak about Florida law, but I am fairly certain the police can TAKE a stolen item from a pawn shop and return it to the owner. If they cannot confiscate stolen property, WHY would they even require a pawn shop to report what they take in?
In Georgia, the cops come get it- period.
They do give you a receipt.

FLORIDA PAWNBROKERS ACT
Florida courts have ruled that law enforcement may not recover stolen property from pawn shops and return it to a victim of a crime without providing the broker the opportunity for a hearing.


FLORIDA PAWNBROKERS ACTFlorida courts have ruled that law enforcement may not recover stolen property from pawn shops and return it to a victim of a crime without providing the broker the opportunity for a hearing


Burglary & Pawn -

Statutes & Constitution
:View Statutes
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Online Sunshine

 

[handejector]

So, you have to file a claim. Note that there is no filing fee. The pawnbroker will probably not show up, unless it is to insure prosecution of the person who pawned it.


I bet this stems from a VERY common position that pawnbrokers find themselves in, which is:
A child, grandchild, spouse, sibling, or even parent pawns property belonging to a respective family member.
The victim of the theft squeezes the info out of the perp, and shows up at the pawn shop, sometimes even with the ticket, demanding return of the property.
The pawnbroker then asks if they have reported it stolen. The answer is always NO. They expect the broker to just hand it over.
The pawnbroker then tells them they have two choices-
1- report it stolen and prosecute the thief
2- pay the ticket


That's how it worked in GA in the 90s. I had several friends in the business, and I have witnessed the above many times.

 

[CAJUNLAWYER]

Well since nobody has mentioned I will. The boy needs to find a new place to live. I'll bet dollars to donuts that one of his roomies is in on it. Me, I'd have him report it as stolen with serial number and then I would start checking every pawn shop in town. If it was pawned, they'll have the name and contact info of the pawnee. The cops get him, sweat him and charge him with possession of stolen property. If the miscreant is SMART and keeps his mouth shut (HIGHLY unlikely) it will be difficult to get a conviction but at lest you'll get your gun back. If he starts talking to save his butt, as in "Tell us where you got the gun, it's him we want not you" you might get your gun back and someone gets picked up for a few hours, but in all reality a conviction is next to impossible to obtain if the guy keeps his mouth shut. But rest easy, they seldom do.......they ALWAYS talk. They live by the hustle and they just can't help themselves.

 

[Bubba2014]

When I retired 14 years ago, all NCIC entries had to be revalidated once a year. Perhaps it has changed since then.

 

[Grayfox]

Originally Posted by Muss Muggins:
Just to help dispel an urban legend common on this forum and elsewhere, did either of these firearms have an evidence number scratched upon them?

Nope, not a mark on it. In fact, it looked pretty good to be 20 years older.

 

[jimmyj]

A Stolen Gun Question

This is a reason most stolen guns are never recovered. A lot of agencies will not spend the time/money for a clerk to reenter stolen firearms every year.

When I retired 14 years ago, all NCIC entries had to be revalidated once a year. Perhaps it has changed since then.

 

[Rastoff]

Just to help dispel an urban legend common on this forum and elsewhere, did either of these firearms have an evidence number scratched upon them?

I've never heard of this before. Wouldn't that be tampering with evidence?

 

[sigp220.45]

I got dragged by a car during an arrest once. I resolved it with my Sig 220, but lost my Model 36 from my ankle holster, which I didn't notice in all the hoopla. One of the responding cavalry parked on top of it, then launched it into a yard down the block when departing. The owner came home, found it, and turned it in to the SO. When I sorted it all out I went there to get it, and it already had a set of Deputy initials in the trigger guard. It was NP3 coated, so he had to work at it.

It was looking pretty rough by then, so the initials were just one more thing.

 

[pawngal]

So, you have to file a claim. Note that there is no filing fee. The pawnbroker will probably not show up, unless it is to insure prosecution of the person who pawned it.


I bet this stems from a VERY common position that pawnbrokers find themselves in, which is:
A child, grandchild, spouse, sibling, or even parent pawns property belonging to a respective family member.
The victim of the theft squeezes the info out of the perp, and shows up at the pawn shop, sometimes even with the ticket, demanding return of the property.
The pawnbroker then asks if they have reported it stolen. The answer is always NO. They expect the broker to just hand it over.
The pawnbroker then tells them they have two choices-
1- report it stolen and prosecute the thief
2- pay the ticket


That's how it worked in GA in the 90s. I had several friends in the business, and I have witnessed the above many times.

That's how I operate.

I also have a good working relationship with the local LE. Most times I do get paid for seized merchandise.
But a couple of neighboring counties, not so much so. They have to come with search warrants and I volunteer no more info than necessary.

Thankfully, very little stolen merchandise comes in, maybe 2 or 3 items a year. In 27 years only 2 were firearms.

 

[Ματθιας]

About 25 or so years ago my car got slim jimmed and my firearm was stolen. I normally parked my car in the garage, but I was re-tilling the kitchen and had a bunch of stuff inside the garage, so the car stayed outside.

I lucked out because the cops showed up at about 3am wanting to know if I knew my car was broken into and missing a firearm. Of course, I'm standing at the door in my boxers not knowing what's going on.

As it turned out, a group of kids were breaking into cars and got caught. Busted with a firearm, they told them were they got it from, my car. I had a bunch of paperwork to fill out. But I got it back right then and there.

Fast forward to about six months later. I, again, had my car out overnight - I don't remember why - but my car was broken into, again.

I woke up to a bunch of tempered glass in the driveway, on the driver's side. Inside, my center console was open and all my paperwork was tossed - they were looking for my weapon that wasn't there. They busted my window when they couldn't slim jim it and punching out my lock didn't work. And my steering column was busted. I had a starter kill - so they weren't going anywhere. All together that ended up costing me over $500.

When I did the police report I told the officer that it was possibly the same people who broke in before. He agreed and said there really no way of knowing and nothing could be done.

I was young, stupid, idiot who learned a very costly lesson.

 

[Goldstar225]

When I retired 14 years ago, all NCIC entries had to be revalidated once a year. Perhaps it has changed since then.

This is information that most don't know.

A stolen firearm can remain in NCIC forever BUT, and this is a big but, the entry has to be re-validated (not re-entered) by the entering agency each year. The process is that the state crime information center sends a validation list to the entering agency. That agency is then supposed to contact the party who reported the theft and verify that the item is still missing/stolen. If the party cannot be contacted (telephone contact is the norm) then the item is deleted from NCIC. It's the responsibility of the reporting party to notify the agency of any change in their contact information.

Two things contribute to the low recovery rate of stolen firearms, one is that most people don't have their serial numbers. IME in maybe 20% of the stolen gun reports I took were the owners able to provide serial numbers. Second, if the gun ultimately winds up being purchased by an law abiding person in what they believe to be a legitimate transaction (like the people on this board) law enforcement will never have an occasion to check the serial number of the gun in their possession.

 

[Muss Muggins]

I've never heard of this before. Wouldn't that be tampering with evidence?

I'm truly surprised you haven't heard of this. It's oft repeated lore, from the days described by sig220. It's been brought up more than once, usually in the concealed carry/self defense forum regarding getting your prized CCW piece back with a big ole evidence number on it via electro pencil. It most certainly happened in the days of the single bubble light on a cruiser and using your six cell kel light as a night stick, but no more . . .

 

[Drm50]

I had a friend who started a little pawn shop. He only dealt in
collectibles. He didn't do TVs, toasters and such. He had to make
the daily police report. Over the years he got stolen guns as well
as other items. Police take the gun as evidence. The perp had to
show ID and is usually not hard to track down. The gun is returned to rightful owner after case goes to court. The shop
has to take perp to court to recover his money. The last person
to have stolen gun in their possession looses. In the case of a
private citizen being caught with stolen gun in possession, it
can be a little different. You can be accused of knowingly buying
stolen property. It's smart to get a bill of sale when you buy a
gun off someone you don't know. If you buy a lot of guns you are
going to get a stolen one at some point. I got a record book that
I keep with serials, description, dates and purchase information.
This protects you and provides basis for insurance claims.

 

[jimmyj]

A stolen Gun Question

Smart vehicle thieves never break the driver's window. If they do they have to sit on broken glass

About 25 or so years ago my car got slim jimmed and my firearm was stolen. I normally parked my car in the garage, but I was re-tilling the kitchen and had a bunch of stuff inside the garage, so the car stayed outside.

I lucked out because the cops showed up at about 3am wanting to know if I knew my car was broken into and missing a firearm. Of course, I'm standing at the door in my boxers not knowing what's going on.

As it turned out, a group of kids were breaking into cars and got caught. Busted with a firearm, they told them were they got it from, my car. I had a bunch of paperwork to fill out. But I got it back right then and there.

Fast forward to about six months later. I, again, had my car out overnight - I don't remember why - but my car was broken into, again.

I woke up to a bunch of tempered glass in the driveway, on the driver's side. Inside, my center console was open and all my paperwork was tossed - they were looking for my weapon that wasn't there. They busted my window when they couldn't slim jim it and punching out my lock didn't work. And my steering column was busted. I had a starter kill - so they weren't going anywhere. All together that ended up costing me over $500.

When I did the police report I told the officer that it was possibly the same people who broke in before. He agreed and said there really no way of knowing and nothing could be done.

I was young, stupid, idiot who learned a very costly lesson.

 

[sigp220.45]

I'm truly surprised you haven't heard of this. It's oft repeated lore, from the days described by sig220. It's been brought up more than once, usually in the concealed carry/self defense forum regarding getting your prized CCW piece back with a big ole evidence number on it via electro pencil. It most certainly happened in the days of the single bubble light on a cruiser and using your six cell kel light as a night stick, but no more . . .

And even in those days I never scratched up guns that I took as evidence. I'd note the serial number for my report, put the gun in a box or bag, tape it up, and mark the box or bag appropriately.

I think cops did it the other way so at trial they could say: I know its the same gun because my initials are gouged into it.

I only had it come up once at trial, with a stainless Charter Arms Bulldog. The attorney asked how could I be sure it was the gun I took. I said: The gun is serial number 1234567, and my report and the evidence box have the same number. I'm not sure how my initials would help. And that was that.

 

[keith44spl]

I picked up an old HD that had what I presume to be a
case number etched on the frame below the cylinder latch....


I never electric pencil'd one that I logged into evidence...
just tagged it and placed a copy of my report in the bag with it.


.

 

[ColbyBruce]

Heads up

In most cases State Farm will not pick up a recovered firearm. If a valuable firearm(s) is recovered State Farm will acquire the services of a FFL holder to do this. State Farm does not want a firearm in the office or company vehicle.

State Farm gave me a letter stating this and authorizing me to take possession of my Glock on their behalf, compensation to be determined.

If you lose a firearm check with your insurance carrier about their policy if the item is recovered.

 

[Rastoff]

Smart vehicle thieves...

An oxymoron.

 

[Rastoff]

It most certainly happened in the days of the single bubble light on a cruiser and using your six cell kel light as a night stick, but no more . . .

People use all kinds of excuses and myths to justify carrying a cheap gun. Maybe I have seen it mentioned and just don't remember it.

I only had it come up once at trial, with a stainless Charter Arms Bulldog. The attorney asked how could I be sure it was the gun I took. I said: The gun is serial number 1234567, and my report and the evidence box have the same number. I'm not sure how my initials would help. And that was that.

This is exactly my point. There's no need to put any more markings on a gun. Guns are readily identifiable through several means. I guess there are some on the police force who might not know about serial numbers, but I've never met one.

 

[gman51]

Your sales slip should have the gun serial number on it. Report the gun to police being stolen immediately.

I am guessing your finding the gun anytime soon is slim to none. I am also guessing there wasn't any home theft insurance policy if they were just renting the place. It is amazing how often so called friends rip another friend off but it happens a lot.