No Charges!

Joined
Nov 2, 2012
Messages
898
Reaction score
998
Location
Sullivan County PA
Don't have a lot of info yet, but a military news website reports a hardcase containing an M-4 carbine fell off a Delaware National Guard truck enroute to a training area in preparation for the unit's role in the Inauguration. The unit contacted the Delaware State Police for assistance in recovering the firearm. The State Police started an investigation and recovered the M-4 within a day or two. Person holding the weapon had not reported it. Turns out some bystander recorded the license plate number of the vehicle whose driver stopped, picked up the hardcase, and immediately drove away. The best part is, Delaware authorities informed reporters there will be no charges filed against the person who misappropriated the M-4. Got to be more to the story - like a very good excuse for not reporting you've got a military weapon that "just fell off the truck." Assume the Guard will find a soldier to ream for the initial loss of the weapon.
 
Register to hide this ad
Like said above you would have to prove the "intent" of the person who picked it up to keep it.

After a day or two all they would have to say is I didn't know what was in the case and even if they did I hadn't had time to turn it in yet.

"But I was just getting ready to leave my house here and come down and do that."

Knowing and proving are two different things.

Main thing is the weapon is back where it belongs and not on the street.
 
Read a story several years ago about a person who found an M4 on their lawn after a SWAT involved situation in their neighborhood. They called the Police who came by and picked it up.
 
Several years ago a police officer in Colorado Springs lost his department-issued M16 rifle in a similar situation; rifle in case, case fell from the vehicle.

Several months later the rifle was recovered in another city after several transfers (sales or trades?). I don't recall any charges or convictions resulting. As SMSgt and 326MOD10 pointed out above, too many obstacles in proving criminal intent at trial.
 
Many many years ago I went past the NG Armory near where I lived..Spotted something leaning against the wall of the building Stopped and got it . M-16 of the time. It had been there since the evening before They were off to AP Hill I think...training. knew the Sgt in the guard unit...called his wife... ...she got in touch with him...He Stopped by on Monday morning and picked it up...no problems...cept for the guy(Ex Corporal?) that left it against the wall. Small town living..

Stuff does happen thankfully that was not my goof!
 
Last edited:
At my first Duty station in Germany one of our soldiers lost a weapon in the field at Graf.

The weapon came up missing on the last day of the field problem. We were loading all of our tracks onto a train at the Railhead to send them back to our duty station. Everything came off the train. All the vehicles went to a laager area and all the troops went back to our last firing position.

I don't know who searched the vehicles but I don't remember that we were allowed anywhere near the laager area. We spent a month in the field looking for that weapon. We searched everywhere.

We were not allowed to go to main post for showers. We were not allowed to go to main post for laundry. Imagine wearing four sets of clothing, socks underwear t-shirt BDUs, Field Jacket for two months without being able to launder them. Imagine going 2 months with lonly a field bath (IE Baby Wipes) and not much of that because you only bring supplies for a month and they were running pretty thin by the end of the extra month that we spent in the field.

The weapon was never recovered. The staff sergeant who was responsible for it lost a stripe and was told that he would not be allowed to reenlist. The three soldiers most suspected of having something to do with its disappearance were split up to three different posts in Germany for a year where they were repeatedly questioned by CID. Before being sent back to our post. Just even being suspected basically ended their careers.

The Active Duty Army takes losing a weapon very seriously. I can't imagine the National Guard being much different.
 
Last edited:
At my first Duty station in Germany one of our soldiers lost a weapon in the field at Graf.

The weapon came up missing on the last day of the field problem. We were loading all of our tracks onto a train at the Railhead to send them back to our duty station. Everything came off the train. All the vehicles went to a laager area and all the troops went back to our last firing position.

I don't know who searched the vehicles but I don't remember that we were allowed anywhere near the laager area. We spent a month in the field looking for that weapon. We searched everywhere.

We were not allowed to go to main post for showers. We were not allowed to go to main post for laundry. Imagine wearing four sets of clothing, socks underwear t-shirt BDUs, Field Jacket for two months without being able to launder them. Imagine going 2 months with lonly a field bath (IE Baby Wipes) and not much of that because you only bring supplies for a month and they were running pretty thin by the end of the extra month that we spent in the field.

The weapon was never recovered. The staff sergeant who was responsible for it lost a stripe and was told that he would not be allowed to reenlist. The three soldiers most suspected of having something to do with its disappearance were split up to three different posts in Germany for a year where they were repeatedly questioned by CID. Before being sent back to our post. Just even being suspected basically ended their careers.

The Active Duty Army takes losing a weapon very seriously
. I can't imagine the National Guard being much different.

Years back reading his book, (About Face: The Odyssey of an American Warrior ) Col. David Hackworth ran into a serious problem about a missing or wrong serial number rifle he was responsible for. He managed to straighten it out with some very serious chicanery and good luck!
 
I know of a couple of guys who were sitting on a rather dangerous prisoner who had been admitted to a local hospital with a heart attack. One of the guys had to use the facilities and chose a public bathroom down the hall to avoid using the prisoner's toilet. He returned when done and happily sat there for about a half hour before hospital security returned his gun belt rig, which had been left hanging on a clothing hook in the bathroom stall. I am leaving out the agencies name. Can't make this stuff up....

Larry
 
If I were there, I would "intend" that the weapon not fall into unsafe minded hands. No crime in that unless one of those full autos. Finders keepers. Remember the fed agent left his issue HG in a toilet stall? How about the FBI guy doing back flips at a alcohol establishment when his weapon came dislodged from the holster and fired upon skittering across the floor. How about the HG "abandoned" on a fishing pier that killed Kate Steinly? Years ago at a informal shooting spot outside city limits, I wandered onto several open rifle cases containing bullpup units. Apparently some off duty police friends took them out on social safari for entertainment, became distracted and left them unattended. When one discovered me looking (from no less than 10 feet), he became arrogantly concerned.
 
flat,750x,075,f-pad,750x1000,f8f8f8.jpg
 
I know of a couple of guys who were sitting on a rather dangerous prisoner who had been admitted to a local hospital with a heart attack. One of the guys had to use the facilities and chose a public bathroom down the hall to avoid using the prisoner's toilet. He returned when done and happily sat there for about a half hour before hospital security returned his gun belt rig, which had been left hanging on a clothing hook in the bathroom stall. I am leaving out the agencies name. Can't make this stuff up....

Larry

Years ago at the Knob Creek shoot I went into a Porta-Potty and found a gun belt rig holding a 1911 hanging up inside. I took it to the show office and turned it in, I don't know if the owner was ever reunited with his rig.
 
Last edited:
I don't know about the National Guard, but I can for sure tell you that Corps would take a very dim view of a Marine who lost their weapon.

Dim is putting it mildly!
Loss of a weapon reflects on the chain of command with letters of reprimand, page 11's and often relief of duty and bad fitness reports.
 
A state trooper in a state I won't name was on vacation and stopped for a bio-break at a small town grocery. He placed his issue OD/BUG on top of the paper dispenser and forgot it when he left. The next user was a local prohibited person miscreant who took it home with him. He later thought better of it and decided to turn it in, but was afraid that
waiting to do so for a week or so might result in charges. So instead he hid it in a tool shed where it stayed for 3 years until he had a falling out with his GF, who dropped a dime. I don't recall what it cost him, but I believe the trooper's suspension was longer. It was his second offense. Firearm was a 640 IIRC.
 
Last edited:
Eh, it happens. Once when I was at Why Not Minot I left my GAU/5A leaning against a chow hall vending machine after filling up on missile field goodies. I had a small heart attack before I left base, rocketed back, and it was still there. Some airmen at a nearby table were staring at it intently. I shot them a big thumbs-up like they had passed an integrity test and went on my way.

On a list of stupid things I’ve done its not even on the first single-spaced page.
 

Latest posts

Back
Top