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  • exotictouch

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    Jul 7, 2009
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    I'm not sure if this is the right place but I wanted to know if someone has access to NCIC ( if SN check is possible :confused:) or any means of determining whether a handgun is stolen property or not. I have been offered a trade for a SIG P220 .45 (sn# G128354) in place of some of my car audio equipment. The trade seems a little too good to be true so I want to make sure this gun is legit first. Is there a way to determine whether the gun is stolen or not? My location is Houston, Tx btw if that makes any difference.
    ARJ Defense ad
     

    txinvestigator

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    May 28, 2008
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    There is no way for you to call and ask the police to check the serial number of a gun you do not posses, at least that I am aware of.

    Once you have the gun I imagine you could take it to your local Law Enforcement agency and inquire. However, if it IS stolen you would lose possession of it.


    I'd walk away if I was uncomfortable.
     

    exotictouch

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    Jul 7, 2009
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    There is no way for you to call and ask the police to check the serial number of a gun you do not posses, at least that I am aware of.

    Once you have the gun I imagine you could take it to your local Law Enforcement agency and inquire. However, if it IS stolen you would lose possession of it.


    I'd walk away if I was uncomfortable.

    Ya thats what I thought but I would hate to lose my money or, more specifically, electronics just to bring it into the PD and lose the gun and be questioned to death about it.
     

    GM.Chief

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    Mar 16, 2009
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    If the guy says it's legit, ask him to go to the local P.D. so they can check it in front of you. If he refuses, it may be an indicator something's not quite right.
     

    TexasRedneck

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    If the guy says it's legit, ask him to go to the local P.D. so they can check it in front of you. If he refuses, it may be an indicator something's not quite right.

    Feel free to ask me to do that - an' I'll feel free to send you on down the road. Sorry - but I ain't gonna go into a PD and try to prove something I own is "really" mine. If you're that nervous about it, that's your right - and it's mine to decline. It doesn't mean that I'm nervous, it means that I don't have time to mess with all that.
     

    Big country

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    If you trade for the gun and then take it to the PD and it is hot, then couldn't you just tell the police where you got the stolen gun and get your stuff back? I'm not sure. But I would think you could.
     

    txinvestigator

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    If you trade for the gun and then take it to the PD and it is hot, then couldn't you just tell the police where you got the stolen gun and get your stuff back? I'm not sure. But I would think you could.

    No. The police could not even charge the person whom he traded for unless they can establish he knew it was stolen when he took possession of it.
     

    robocop10mm

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    Jan 9, 2009
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    "in Texas being in possession of stolen property isn't a crime,"

    This is not exactly true. The statute reads;

    PC section 31.03 Theft

    (a)A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
    (b)Approprtiation of property is unlawful if:
    (1) it is without the owners effective consent;
    (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or.........................

    It is a crime in Texas to possess stolen property under specific circumstances.

    If the deal seems too good to be true, it probably is. Walk away.
     

    txinvestigator

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    "in Texas being in possession of stolen property isn't a crime,"

    This is not exactly true. The statute reads;
    How about this, "being in possession of stolen property in Texas is not a crime if you were not aware it was stolen property".

    The fact is, just being in possession of stolen property is not, in and of itself, an offense. Only if you know it is stolen does it then become an offense. ;)
     

    robocop10mm

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    Exactly. It is just the "knew" part that can be a stickler. In some jurisdictions, if you bought it for an amazingly low price, the presumption may be that you "knew" it was stolen.
     

    txinvestigator

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    Exactly. It is just the "knew" part that can be a stickler. In some jurisdictions, if you bought it for an amazingly low price, the presumption may be that you "knew" it was stolen.

    There is not a preumption in the law, and I don't see that flying. Unless you have some case law to support it.

    Acting with knowledge is defined in the penal code;

    Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

    If the law read; "the property is stolen and the actor appropriates the property and was reckless about whether or not it was stolen by another" ;)
     

    DilloMan

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    Aug 30, 2009
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    Leander
    I purchased a commander a couple of years ago and thought it might be stolen after the fact. APD was of no help. After several phone call and messages left, nothing ever came of it. Not even a return phone call. Found out in the longrun it was stolen and with was conficated by APD. They are not very helpfull.
     

    Ruger

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    Jun 11, 2009
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    Houston
    You might want to ask a criminal lawyer, if he is a friend, and wont try to get money from you. Alot of them are able to run gun checks for certian cases.
     

    TexasRedneck

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    What you can do is ask the person to go to the PD with you and then you can run the SS# if he refuses to go you'll know.
    The Rock

    No....what you'll know is that you've insulted me. If you're THAT worried about it, don't buy it from me - because I am NOT going to subject myself to that kind of paranoia.
     

    TexasRedneck

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    Doesn't bother me none. But tell ya what - while we're down there runnin' the S/N, how 'bout you giving me your TDL number so I can do a criminal background check on ya? ;)

    An' BTW...the PD generally won't run S/N's unless the gun's been involved in a criminal act.
     

    treyw

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    Oct 5, 2009
    81
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    Central TX
    If you want the gun take it in trade, and document the date, other guy's name, etc, etc, in a bill of sale. Have him sign it, and you have documentation. If it's found to be stolen you'll lose the gun and the equipment probably, but that's alot better than catching a felony for a stolen firearm.
     
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