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Trades And Stolen firearms...

Discussion in 'General Firearm Discussion' started by FireArm, Oct 17, 2013.

  1. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    I got a call today from a friend, I had traded a friend of his a pistol like new in the box for a quad. The other friend got a call today from the local police, The pistol I traded had been stolen 9 years previously, I had it for less then a month. I got the pistol on trade for a member of this site. I dont think he stole it and I know I didnt steal it. What is going to happen from all of this??

    Worried but not overly worried, I think from now on I will transfer all firearms into my name to be safe and keep people honest. I dont like knowing I owned a stole firearm.
     
  2. BVB

    BVB PDX Active Member

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    how did the police know "the other friend" had possossion of this firearm?

    did you do a Bill of Sale with your trade? or from the first trade?
     
  3. Tbucket

    Tbucket Olympia,Wash. Active Member

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    Was kinda wondering the same thing???
     
  4. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    thats not my question, I know both people, bill of sale is not needed. the friend of a friend is a CHL holder and wanted to carry a clean gun so he checked it... thanks for pulling the thread off topic.
     
  5. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    The short version is the LEO's will TRY to trace it back and see how it got to where it is. Once they do that then it will have to be determined if the person that listed it stolen is still the legal owner. I believe in some cases if insurance has been paid out then it can change legal ownership.

    As far as funds, basically whoever is the last one holding the gun is out the $$$.

    Exactly how do you "transfer all firearms into my name to be safe and keep people honest" when there is NO registration?
     
  6. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    I can transfer the firearms into my name via FFL
     
  7. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    "Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in a car accident, but in other states you may have two years. As general rules:

    The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
    Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
    Below are the statutes of limitations in Oregon for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at any time, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.

    Civil

    Note: Most of the civil statutes of limitations are in Title 2, Chapter 12 of the Oregon Revised Statutes. You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the laws in this Chapter to find the statute of limitations for civil claims or "causes of action" not listed below.

    Description

    Statute

    Assault and Battery, 2 years

    Or. Rev. Stat. § 12.110(1)

    Contract (in writing), 6 years

    Or. Rev. Stat. § 12.080(1)

    Contract (oral or not in writing), 6 years

    Or. Rev. Stat. § 12.080(1)

    False Imprisonment, 2 years

    Or. Rev. Stat. § 12.110(1)

    Fraud, 2 years

    Or. Rev. Stat. § 12.110(1)

    Enforcing Court Judgments, 10 years

    Or. Rev. Stat. § 12.070(1)

    Legal Malpractice, 2 years

    Or. Rev. Stat. § 12.110(1)

    Libel, 1 year

    Or. Rev. Stat. § 12.120(2)

    Medical Malpractice, 2 years

    Or. Rev. Stat. § 12.110(4)

    Personal Injury, 2 years

    Or. Rev. Stat. § 12.110(1)

    Product Liability, 2 years

    Or. Rev. Stat. § 30.905(2)

    Property Damage, 6 years

    Or. Rev. Stat. § 12.080(4)

    Slander, 1 year

    Or. Rev. Stat. § 12.120(2)

    Trespass, 6 years

    Or. Rev. Stat. § 12.080(3)

    Wrongful Death, 3 years

    Or. Rev. Stat. § 30.020(1)

    Criminal

    Note: The criminal statutes of limitations generally are in Title 14, Chapter 131 of the Oregon Revised Statutes. You need to scroll through the page provided to see the specific code sections noted below. Also, you can scroll through § 131.125 and the criminal laws (found in Chapters 162 through 167 of Volume 4 of the Revised Statutes) to find the statutes of limitations for crimes not listed below.

    Description

    Statute

    Arson, 6 years

    Or. Rev. Stat. § 131.125(5)

    Assault, 2 or 3 years (Depending on the facts of the case)

    Or. Rev. Stat. § 131.125(6)(a) or (b)

    Burglary, 3 years

    Or. Rev. Stat. § 131.125(6)(a)

    Disorderly Conduct, 2 or 3 years (Depending on the facts of the case)

    Or. Rev. Stat. § 131.125(6)(a) or (b)

    Kidnapping, 3 years

    Or. Rev. Stat. § 131.125(6)(a)

    Manslaughter, first degree, No time limit

    Or. Rev. Stat. § 131.125(1)

    Manslaughter, second degree, No time limit

    Or. Rev. Stat. § 131.125(1)

    Murder, aggravated, No time limit

    Or. Rev. Stat. § 131.125(1)

    Murder, No time limit

    Or. Rev. Stat. § 131.125(1)

    Rape, No time limit

    Or. Rev. Stat. § 131.125(1)

    Receiving Stolen Property, 2 or 3 years (Depending on the facts of the case)

    Or. Rev. Stat. § 131.125(6)(a) or (b)

    Robbery, 3 years

    Or. Rev. Stat. § 131.125(6)(a)

    Theft, 2 or 3 years (Depending on the facts of the case)

    Or. Rev. Stat. § 131.125(6)(a) or (b)
     
  8. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    No you can NOT. You can get a background check done on you going though an FFL. You can get a record of last sale to you though an FFL. You can get a stolen gun check done though an FFL. You can NOT get it transferred to your "name" because it does not exist.

    When a LEO runs a check on a gun the only information that comes back is if it is "clear" or if there is a problem like it is stollen. It does not show you name as there is no registration. Even if you transfer it though an FFL there is no way to show the last person of transfer though an FFL with out a trace starting both at the current owner and the maker.
     
    mjbskwim and (deleted member) like this.
  9. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    I will meet at a FFL for any future trades, the guns will be FFL transferred. Whatever that involves, I will be better off. I dont take peoples word on guns any more. thanks
     
  10. SOrez

    SOrez SOR Active Member

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    I have a friend that bought a gun with a background check and went to sell it 2 or 3 years later with another background check done again and it came up stolen. So if someone doen't realize their gun has been stolen for a period of time,it might pass a background for a while until it is reported stolen..
     
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  11. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    If that is what works for you then I suggest you do it. That still does not change the fact the gun can come back stolen LATER. I know first hand. I had a gun I bought online, out of state. Went from and FFL, to an FFL. Then several years later when I sold it out of state it came back stolen.

    My point is that instead of knee jerk reactions make sure what you choose to do ACTUALLY solves the problem you are trying to avoid..........
     
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  12. Sstrand

    Sstrand La Grande OR Well-Known Member

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    With ATF approval you could probably transfer it THROUGH a Mexican drug cartel to the new owner. DOJ would likely give you a pat on the back/head.
    Sheldon
     
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  13. BroncoFan

    BroncoFan Eastern Oregon Well-Known Member

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    You can call OSP's 800 number without going through an FFL. They can check whether a gun is in their stolen data base.
     
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  14. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Absolutely, BUT that still does NOT guarantee that is it not stolen. It ONLY shows that the gun was not listed as stollen when you call. In my case of having a "stolen" gun it was listed 2 years and 3 FFL's after I got it.........
     
  15. RedneckRampage

    RedneckRampage Newberg Well-Known Member

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    I still really want to know, 1) how the police found out he had the gun, 2) how they got his phone number. Sounds like a fishy story to me. Something ain't right. Are you just trying to make a point and convince people to go through an FFL? BVB didn't "pull your thread off topic", it's very relevant.
     
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  16. BVB

    BVB PDX Active Member

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    how the he!! was i supposed to know that your "the friend of a friend is a CHL holder" called this in. might help if you would have said that at first, uh ya.

    "I dont take peoples word on guns any more. thanks" besides, i thought these are/were your FRIENDS
     
  17. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    A gunsmith I know bought a couple guns locally,in Idaho.
    Sold them on GB to someone in Tennessee I believe? (one of the few states that requires a stolen check for a transfer) Came back stolen.
    He was frantic,ATF calling him,gunna do a audit,blah,blah,blah

    Well the agent understood HE DID NOTHING ILLEGAL and they never showed up for the audit.

    See I guess in Oregon too,but in Washington and Idaho you can still just buy a gun from someone FTF and it's legal! (how 'bout dat?) As long as you knowingly are dealing with a felon or stolen merchandise.
    So if it comes up stolen it is at their responsibility to find out the rest of the story....as long as you bought it legally
     
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  18. FireArm

    FireArm Beavercreek 97004 Well-Known Member 2015 Volunteer

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    I have not heard the hole story first hand yet, I think he called the number to check it, and they said it was stolen. I have to go talk to him and I am really looking forward to that now...
     
  19. 308

    308 ΜOΛΩΝ ΛΑΒΕ ΜOΛΩΝ ΛΑΒΕ Platinum Supporter Silver Supporter

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    It's not off topic at all. People have the right to ask questions. Sorry if that doesn't fit your narrative.
     
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  20. John H

    John H Whatcom County Well-Known Member

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    Then why does DOL have a transfer of ownership form for private sales???

    http://www.dol.wa.gov/forms/652004.pdf

    Yes it can and does happen.