Taking a gun to a buyback that isn't yours

[atlctyslkr]

What is the legality on this? Not that I would do it but what if someone did it to me? Say my mother in law took all my guns to a buyback while I'm at work. Can I get them back or are the gone for ever?

This is totally hypothetical but I'm sure it has happend or something similar to it has.

 

[Lupinus]

I don't know but if you are in a place politicaly screwed enough to have a buyback I'd say they would come up with a reason to screw you.

Personally I would consider it theft and breaking and entering since she had to go into someplace to get them.

 

[Erebus]

I know with the ones in Mass that have occured you are screwed. They will never be returned and all are destroyed. They are accepted with no questions asked and no investigations performed. If one of those guns was a murder weapon that the police have been seeking they will never know it. If it's a priceless relic or family heirloom it's destroyed and you will never see it again. Don't give anyone you think might do this to you access to your guns. I have a buddy who's sister is VERY anti and has said she would turn in his guns if she could. Needless to say he locks them up tight so she can't get to them.

Only question I can't answer is if she could be charged with theft. Since they will destroy the evidence and wouldn't even check it against murder investigations I doubt they will touch her anyway. Hell they probably want people to do exactly that.

 

[joab]

In Orlando the gun would be returned to you if it is reported stolen.

The police do run a check to see if it is stolen, and they are held in an evidence room for awhile, I've seen the buckets and trash cans that they store them in

 

[Manedwolf]

If it's a priceless relic or family heirloom it's destroyed and you will never see it again.

Or ends up in an officer or commissioner's private collection.

 

[SomeKid]

Simple fix.

Ban the MIL or anti sister from your home/property. If the wife won't go along with it, divorce is the way to go.

I would bar my own mother if she had such a lack of decency as to be willing to do such a thing.

 

[mp510]

Say my mother in law took all my guns to a buyback while I'm at work. Can I get them back or are the gone for ever?

Maybe you could press criminal charges against her. Up here at least, stealing a firearm is a Class D Felony, regardless of the firearm's value.

Sec. 53a-212. Stealing a firearm: Class D felony. (a) A person is guilty of stealing a firearm when, with intent to deprive another of his firearm or to appropriate the same to himself or a third party, he wrongfully takes, obtains or withholds a firearm, as defined in subdivision (l9) of section 53a-3.

(b) Stealing a firearm is a class D felony.

 

[Third_Rail]

Well, if the firearms pass state lines, then it's a Federal matter. I bet the firearms would then be able to be returned.

 

[progunner1957]

Ban the MIL or anti sister from your home/property. If the wife won't go along with it, divorce is the way to go.

I would bar my own mother if she had such a lack of decency as to be willing to do such a thing.

+1000!!

Maybe you could press criminal charges against her. Up here at least, stealing a firearm is a Class D Felony, regardless of the firearm's value.

There is no doubt that it is theft. In my state, theft of anything over $200 in value is a felony. Prosecute her "behind" and sue her for the cost of the lost gun/guns.

The best way to avoid a situation like this? two words - Gun safe!

It's the cheapest and best insurance going. Even if you have only five guns, look at the cost of them compared to the cost of the safe. Let's say you have 10 or 15 guns - the cost of them can easily be 10x or more what the cost of a decent safe is.

 

[Frog48]

Thats a $hitty situation. Since its "family" that would be doing the action, I bet the police would CLAIM that the forfeiture was legal... they would overlook that the firearms were taken from you illegally, because of laziness and expediency on their part. If the police simply tell you "sorry, we cant do that", they can avoid mountains of paperwork...

 

[357phase]

Just my opinion,but it seems to me that the buyers in these buy back programs are buying and receiving stolen property if the guns are,or have been stolen.I always thought that was illegal.I guess it must depend on who's doing the buying.

 

[gezzer]

My in-law did this to me? She would be arrested for theft of a firearm from an FFL Federal felony.

I had better get the guns back or the state or PD will have to PAY for them with taxpayer funds.

In-law’s count as family? Sorry but are you kidding?

 

[Clipper]

If it could take care of a troublesome inlaw...

...Almost makes you want to leave a $50.00 parts gun lying around, don't it?

 

[DogBonz]

yes, but

you would have to have her prosecuted for stealing them.

 

[Zundfolge]

Since its "family" that would be doing the action, I bet the police would CLAIM that the forfeiture was legal.

No they wouldn't ... they'd arrest Grandma in a heartbeat because that way they get to add it to their "look at the damage we're doing to the illicit gun trade" stats.

Whether you'd get the guns back or not would depend on how fast they destroy them ... if they haven't destroyed them then I'd put the chances of getting them back as pretty good in most parts of the country (all bets are off if you live in someplace like NYC).