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Officer Talk: Buy A Gun in Good Faith -- Felony If Gun Is Found Stolen [I'm Confused]

Discussion in 'Legal & Political Archive' started by victoriouslegion, Apr 3, 2013.

  1. victoriouslegion

    victoriouslegion Northwest Member

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    Hi,

    I had a conversation with a police officer a little bit ago who said that if I bought a firearm from someone, didn't check that it was stolen, and I was found in possession of it -- and it was stolen, that it is a Class C Felony.

    I told him that everything I've read says that if the gun is purchased in good faith we are okay. He countered and said what is good faith -- that won't hold up in court. One of the most disturbing conversations I've had with a police officer.

    I always check ID/CPL before purchasing. Still, I was confused by his interpretation.

    Info/thoughts,
    Vic
     
    Last edited: Apr 3, 2013
  2. dmancornell

    dmancornell Portland, OR New Member

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    Protip: donut inhalers aren't lawyers.
     
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  3. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    How does this differ from buying a refrigerator? Sure, if you buy known-stolen goods then it is a crime. But if you don't know, it is not a crime.
     
  4. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    What state? What statute did he cite? Sounds like a bubbleguming moron.
     
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  5. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    Here's the law of the land for Oregon: Oregon Revised Statutes

    Familiarize yourself with it. If a cop ever tells you sum bullbubblegum, check it against the law. He'll be using the Oregon Criminal Code to cite statutes, which is a condensed version for LE and legal professionals, but the numbers are all the same.
     
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  6. Ben Beckerich

    Ben Beckerich NW Oregon Bronze Supporter Bronze Supporter

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    Note the search function- just make sure the drop-down menu is on "OR Revised Statutes," or it'll search under a bunch of other crap that won't be helpful.
     
  7. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    As stated the LEO is wrong as in most cases like this. I know first hand, I went though it. No it has not changed the way I deal with gun purchases or sales. I follow the law, nothing more and nothing less.........
     
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  8. econoaddict

    econoaddict Halsey Member

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    I went through this, bought a rifle from a local gun shop and it ended up being "hot"
    I did have to show proof of who I bought it from to keep from being charged, ever since I always write up some sort of bill of sale and do a quick call to run the numbers.
     
  9. tiggers97

    tiggers97 United States Well-Known Member

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    How do you "run the numbers" to check if it's stolen?
     
  10. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    If you are an OR resident they have a system.

    Problems is there is NO way to tell for sure if the gun is stolen. All that will come up is that there is no report of it being stolen at the time of the "report".

    In my case the gun was transferred though 2 FFL's just fine. Over 5 years later when I went to sell the gun at an FFL (across state lines) the gun came back stolen. Almost a year after I bought it was when it was reported stolen.
     
  11. tiggers97

    tiggers97 United States Well-Known Member

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    Ok, I'm an Oregon resident (check). How do I access the system? go to a gun store and have then run the serial number the same way they do background checks? Or is there a website?
     
  12. accessbob

    accessbob Molalla, OR 2A Supporter

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  13. econoaddict

    econoaddict Halsey Member

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    FICS Instant Check (And Stolen Gun Checks) 1-800-432-5059
     
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  14. 1Asterisk

    1Asterisk Eugene, OR Member

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    You may want to take a look at ORS 164.095 Theft by Receiving, the part that says "knowing or having good reason to know that the property was the subject of theft" before making blanket statements.
    Donut Inhaler (Ret.)