found a Smith & Wesson 38 special
hello again while I was out hunting for deer I found a S&W 38 Special in a holster laying on the ground, What should I do with it and what is the value of it? It wasnt rusted but it has been used, I believe its a 1979
0
-
Dennis, the correct and ethical thing to do with any found property of value is to take it to the nearest police station or sheriff's office. This would apply equaly to a camera or fishing equipment. There could well be someone out there looking for this handgun...or it could have been stolen and tossed away. There is no telling.
With most recovered property, the police will hold the items for 90 days while they make an effort to find the rightful owner. If the owner is never located and there is no evidence that the property was stolen or used in a crime, it generally is realeased to the person who found it, or if not wanted, is sold off at a found property auction, usually held once or twice each year.
Don't expect the police to just hand you back that S&W after 90 days and say good bye. Firearms often have to be realeased to FFL holders, who can then transfer it to you. Policy on this is ALL OVER THE MAP.
Mark T. Christian0 -
Dennis... Mark is right, if it was my gun I would certainly want it back. Also, if it is stolen or had been used in a murder, and you get caught with it,, your in major trouble.
Even if you did not steal it, possession of stolen property is a felony automatically ( at least in calif) no matter what the value of the gun is. So turn it in.
Laredo0 -
Most states have a law on the books concerning things like this. In AL its called theft of lost property and the guidelines concerning thefts are followed. We all know the penalties are increased when it concerns a firearm. I believe it would actually be a felony to keep it.
"When in doubt...whip it out!"0 -
If a gun is stolen, the owner should provide the police with its detailed description, especially its serial number.
This information is entered into the federal government's National Crime Information Center (NCIC) listings.
Only the agency that originally entered the NCIC listing can withdraw it. Typically, this is done when a firearm is recovered.
Pawnbrokers are required by law to submit information on firearms they receive through trades or pawn, to include that firearm's serial number if known (shotguns and .22 rifles were not required to have serial numbers until 1968, so not such guns have serial numbers).
When I was a reporter in Idaho in the early 1990s, I overheard the sheriff mention a rifle that had been recovered during one of these pawn shop checks.
It was a German 8mm rifle reported stolen from Texas nearly 10 years before! The rifle was shipped from the Idaho sheriff to the nearest law enforcement agency near its owner, who presumably picked it up.
My brother in Memphis, Tenn., had a .38 revolver stolen from his home during a burglary. He provided the serial number in his police report and figured it would never be seen again.
It surfaced nine months later in a Shreveport, La., pawnshop. It was shipped back to the Memphis Police and he claimed it there.
The point being, if the owner of that revolver has filed a report with the police, to include the serial number, you could be in possession of stolen property.
It is standard police procedure to run all firearms through NCIC. I had an officer do it to my guns a few years ago, when he stopped me for speeding and noticed the rifles in my back seat (I was returning from a day's plinking at a gravel pit).
It took only a few minutes and I was not angry.
On the contrary, I was glad that he was conscientious enough to do this. If more cops did this, more stolen guns would be recovered.
So if you get found with that revolver, and it's stolen, you're almost certain to be arrested and placed in jail until bail is made.
"I found it" is the thief's oldest excuse and will not be believed.
Whether you get that revolver back after 90 days is unknown.
It is the policy of some departments to destroy any unclaimed firearms that they cannot use.
If the owner (remember, you're just a "finder") is not found it may be destroyed.
It's best to turn that gun in, though.
It's the honest, decent thing to do.
One more thing: If you're buying a used gun, you can call your local police department and ask that they run the gun and its serial number through NCIC.
I did this about 20 years ago with a Weatherby rifle, sold from a man's home.
It came up stolen. Two detectives appeared at the door a few minutes later and I had to fill out a statement. So did the guy who was trying to sell it to me.
He was not arrested. He was angry but not at me. He was a backyard mechanic and someone had left the rifle as $200 payment. He was not a gun crank, didn't know its value, and was asking $250, figuring to make $50 profit.
In the end the rifle was confiscated, he was out $200 and I missed out on a bargain that might have sent me to jail if some cop had ever run it through on a whim.
Some bargain!
All gun owners should have any used gun run through NCIC before buying it. A phone call is all it takes, in most instances.
This would do much toward returning guns to their rightful owner, and perhaps solve a few crimes too.
The NCIC is a very good reason to keep a list and copies of that list of all your firearms, their description and serial number.
Without a serial number, it's almost certain you'll never see your gun again.
With a serial number, you have a chance to recover it.
"A hit with a .22 is better than a miss with a .44!"0 -
The guiding principle is that one is supposed to make a reasonable effort to return lost property to its rightful owner. I think we'd expect the same courtesy so it's the only decent thing to do.
Three Precious Metals: Gold, silver and lead0 -
Years ago I found a nice M-1 carbine leaning against a tree in the woods. Loaded and in nice condition. I turned it over to police and owner said he thought he dropped it or it fell off our out of his truck. He was an older feller. As a cop a lot of folks found guns in furniture, houses, sheds, and other places. Some folks just plain forget what they did with them mostly with age. 0
Please sign in to leave a comment.
Comments
6 comments