Found firearm

[jud4420]

A comment was made in the "general - Data base for lost or stolen firearms" thread that left me with a question.

What are your legal requirements is you were to find a firearm or take one from an aggressor? - lets say for this conversation that it is a handgun.

I know if it is a Prohibited offensive weapon you would need to turn it in or destroy it or something of the likes as implied by Title 18 §908. B1 of the UFA where it says "It is a defense... ....that he possessed it briefly in consequence of having found it or taking it form an aggressor"*


But what if it is just a regular handgun? I mean obviously there is a concern that it could be stolen or have been used in crime. But what would your legal obligations be? Are you required to turn it in?

I mean if i found a firearm, i personally would probably turn it in. But if someone pulled a gun on me and i was able to get it away & somehow they dont get shot... Id probably be thinking... mine now.

Just curiouse if any knows and even if you dont know.. for the sake of conversation, what would you do?

[mjfletcher]

I'd turn it in. I wouldn't want to run the risk of some officer running the SN at some point and having it turn up as being stolen. I do not want that mess at all.

[Swarner793]

If you found it and did not turn it in, you would be charged with Theft,

§ 3924. Theft of property lost, mislaid, or delivered by mistake

A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.

If you remove the item from his person, you may be subject to Robbery. Obviously, if you are doing it in self defense, that is a different matter. Now, if you keep the weapon it could also lead to Theft charges,


§ 3921. Theft by unlawful taking or disposition

(a) Movable property.--A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.

(b) Immovable property.--A person is guilty of theft if he unlawfully transfers, or exercises unlawful control over, immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

Be safe (and don't be a trophy collector ).

Scott

[jud4420]

If you found it and did not turn it in, you would be charged with Theft,

§ 3924. Theft of property lost, mislaid, or delivered by mistake

A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.Scott

Ok that makes sense, I didnt look there. I was looking in the gun laws. But if you turned it in to police & it is NOT stolen they arent going to look for the owner. So how would that be trying to restore it to the owner? You might as well saw it in half right there.

[COLOR="navy"]If you remove the item from his person, you may be subject to Robbery. Obviously, if you are doing it in self defense, that is a different matter. Now, if you keep the weapon it could also lead to Theft charges,


§ 3921. Theft by unlawful taking or disposition

(a) Movable property.--A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.

Theft hugh..? Wouldn't self defense be a "lawful" reason to take it?

[P-11 shooter]

I don't know where I read it, but was under the impression tha law protects you in the event you find a handgun, or remove it from an atacker. As long as you turn it right in and don't keep it.

[Swarner793]

Theft hugh..? Wouldn't self defense be a "lawful" reason to take it?

Yes, I believe it would be, that is why I stated it as such.

Be safe.

Scott

[Swarner793]

I don't know where I read it, but was under the impression tha law protects you in the event you find a handgun, or remove it from an atacker. As long as you turn it right in and don't keep it.

Sorry, it won't let me rep ya. I have removed firearms from individuals subject to arrest. I have apprehended shoplifters who were armed as well as fighting nightclub goers that were armed. In all cases I turn the property over to the Police upon their arrival.

Be safe.

Scott

[jud4420]

I don't know where I read it, but was under the impression tha law protects you in the event you find a handgun, or remove it from an atacker. As long as you turn it right in and don't keep it.

Ive read that for Prohibited Offensive Weapons as i cited in the OP, but ive found nothing in the UFA or Crimes Code other than possible theft charges as Swarner793 pointed out.

But even for a theft charge, the officers need a victim. If they cannot locate or they dont try to locate he who lost it, or that person does not want to press charges cause they genuinely lost it themselves.. what could they do?

A lot of people do not report lost or stole firearms.

again this is just a question i thought of and was curious about the legal obligations. I know most of us would turn it in simply due to the possibly illegal activity connected with such a find. My question is would you HAVE to.

[jud4420]

Perhaps i simplify the scenario.

What if you purchased a house, from a real estate company who got if from a deceased persons estate. In that house some months later, you find an old 1911 and some other small valuables under a floor board..

You have no reason to assume that it has been used in a crime. It cannot ever be returned to the owner... Do you keep it? Can you legally?

I dont see anything that says you cannot.

[Swarner793]

Perhaps i simplify the scenario.

What if you purchased a house, from a real estate company who got if from a deceased persons estate. In that house some months later, you find an old 1911 and some other small valuables under a floor board..

You have no reason to assume that it has been used in a crime. It cannot ever be returned to the owner... Do you keep it? Can you legally?

I dont see anything that says you cannot.

I see your thoughts on this. Again, not condoning anything unlawful but this would certainly set up a scenario where keeping your mouth shut may be the best move.

My Uncle relayed a story once...He was a Corporal with the Phila. Police Dept. and an older gentleman came into the Station House and wanted to get rid of all his guns, he was a WWII Vet. He did not want the Black Panthers to get them, there were rumors in the neighborhood that the BP knew he had the firearms and were going to get them. No questions asked, no paperwork and after 10 minutes, no guns! Granted, that was the 60's but man, what a opportunity.

Be safe.

Scott