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

I know that what the guy did was technically against the law, but I have to admit that stealing something from someone who didn't even realize they owned it in the first place really does seem like a victimless crime. The current owner paid for a house and some land. He or she probably didn't consider any firearms that were sealed up behind the walls when they signed the deed. Hell, if the mortgage isn't paid off maybe the bank is entitled to it?

Reminds me of the case I heard about related to my numismatics hobby. A contractor found a HUGE cache of Depression-era paper money stashed behind a wall during a renovation. Not only was the face value of the cash worth a ton, but the collectible value was through the roof, too. All these bills were brown seal and silver certificate notes, etc.

So, the contractor decides to "do the right thing" and tell the homeowner. They can't agree on a split, so it goes to court. Then the heirs of the person to who hid the money in the first place got involved. Know who was legally entitled to the money? The heirs of the person who hid the cash.

Whatever happened to . . . the fight over money found in wall of West Side home? | cleveland.com

So, if you go by that particular court ruling, this gun belongs to whoever happens to be the heir of the person who stashed it there in the first place.
 
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Nacho, that's as horrible as something I would say.
 
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The last general I worked for in the 'Force said, "Do the right thing even if no one's looking."

If the OP's friend were my friend, future job or no, that's what I'd tell him. The contractor is a dirtball by any large-scale measurement and the OP's friend is an accessory. He doesn't deserve to work in folks' homes, and he deserves to be called out for his crime. Go back and read post # 18.
 
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charles_the_hammer said:
So, if you go by that particular court ruling, this gun belongs to whoever happens to be the heir of the person who stashed it there in the first place.
Click to expand...
Interesting story. But it seems to me a case of the party represented by the better lawyers — did the homeowner and the contractor even have lawyers? — winning the judgement. I don't think it is a question of settled law, tho it might be in Ohio, I suppose.

It does make the point that if you find yourself in a legal embroiglio, best lawyer up pronto!:)

And I agree with those who think the contractor who stole — that is the correct word — the gun is a thief. (That the homeowner was not aware of the gun's presence is irrelevant, I believe.)
 
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The OP didn't say the contractor kept the gun, but by asking if it's theft I assume that is the case.

When you purchase a piece of real estate, you own everything within the lot lines including stuff buried underneath the ground, even stuff you don't know is there so the "murder weapon" belongs to the current homeowner, but should be handed over to the "SPD" to solve the old cold case.
 
Back in my teens I had a friend whose father was a general jack-of-all-trades and did home remodeling, building demolition and many other similar types of work. I was aware he had found numerous guns (rifles and pistols, I saw them) he had found during demolition work. As far as I know he always kept what he found. I specifically remember one as I shot it - A Walther .22 Olympia Pistole match pistol. It was in sad shape but it still fired.
 
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"Friend told of contractor recently finding a loaded .38 SPL(S&W or Colt) during a home remodel." Makes me wonder where exactly he found it, behind the wall or under a pillow.

I had a chance to buy a Colt Python 6" stainless for $250.00 off a house painter and passed.
 
charles_the_hammer said:
I know that what the guy did was technically against the law, but I have to admit that stealing something from someone who didn't even realize they owned it in the first place really does seem like a victimless crime. The current owner paid for a house and some land. He or she probably didn't consider any firearms that were sealed up behind the walls when they signed the deed. Hell, if the mortgage isn't paid off maybe the bank is entitled to it?

Reminds me of the case I heard about related to my numismatics hobby. A contractor found a HUGE cache of Depression-era paper money stashed behind a wall during a renovation. Not only was the face value of the cash worth a ton, but the collectible value was through the roof, too. All these bills were brown seal and silver certificate notes, etc.

So, the contractor decides to "do the right thing" and tell the homeowner. They can't agree on a split, so it goes to court. Then the heirs of the person to who hid the money in the first place got involved. Know who was legally entitled to the money? The heirs of the person who hid the cash.

Whatever happened to . . . the fight over money found in wall of West Side home? | cleveland.com

So, if you go by that particular court ruling, this gun belongs to whoever happens to be the heir of the person who stashed it there in the first place.
Click to expand...
One's true CHARACTER is what someone does when nobody else is looking! Still a thief!
 
SC_Mike said:
"Friend told of contractor recently finding a loaded .38 SPL(S&W or Colt) during a home remodel." Makes me wonder where exactly he found it, behind the wall or under a pillow.

I had a chance to buy a Colt Python 6" stainless for $250.00 off a house painter and passed.
Click to expand...
I sold my Browning HP to a good friend back in 1985. It, along with a Blackhawk, were stolen by painters, now that you mention it... (Of course, he should have had them locked up securely rather than just hidden behind a bookcase...)
 
Holy Sea Lawyering Batman!!

I would like to think I would turn it in, but you never really know what you will do until you are actually put in the situation.

FTR- I wore a badge for a portion of my life and cops are like everybody else. A vast majority are great folks, but there a few bad apples out there. I have a great story about a call I took as a desk officer one day... A guy who was a Plumber from Jersey Called in. A real nice guy with a thick accent. FUUGGIIITTAAABBBOOUUUTTIITTT! Anyhow he proceeds to tell me how one of our officers pulled him over for Reckless driving. I guess the officer struck a deal with him on the side of the road because he needed some plumbing done at is house. The plumber is like " Hey!! I know how it works and I am cool with that, but now this guy has me at his mother in laws house etc... that is too much!!" I replied "Uh no sir. That is not how it works." I put him in touch with IA. I still get a chuckle over that one. Brings a smile to my face. :-)
 
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".
 
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