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What do I need to do about an abandoned gun?

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  • Glitter and Guns

    Active Member
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    Jan 6, 2012
    239
    1
    DFW
    Hey y'all! I hope you don't mind a bit of a newbie question.

    I have in my possession an older .22 that was loaned to my daughter for target practice. The owner of the gun has since decided that we are not on such friendly terms, but despite my several suggestion that he retrieve his .22, it still resides in my closet. I don't see him showing up to get it, and would like to know what I should do with it. Ethically I think I am in my rights to consider it abandoned property at this point, but I don't know what I would need to do legally. I don't want to be in some kind of trouble for not doing some kind of paperwork or something.

    Thanks so much for pointing me in the right direction.
    Hurley's Gold
     

    majormadmax

    Úlfhéðnar
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    9   0   0
    Aug 27, 2009
    15,960
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    Helotes!
    Agreed, while there is no "paperwork" involved in owning a firearm in Texas (e.g. there is no registration, etc); it does belong to someone else and you should at least make a valid attempt to return it. If he refuses to take it, or tells you to immediately leave the property, then you've done the best you can to get it back to the rightful owner and only then can you consider it "abandoned." But you have to make an effort first...

    Cheers! M2
     

    Glitter and Guns

    Active Member
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    Jan 6, 2012
    239
    1
    DFW
    Actually I don't really know where he lives at this point. I know that he moved about 6 hours away, but I don't know where in the new city he lives. It was a fairly uncomfy parting of ways. I would be more than happy to return it to him if he came to get it, but I don't feel obligated to hunt him down and drive 12 hours to get it back to him. The rifle has been at my house without contact from him for about 9 months. I think he left the area bout 6 months ago.
     

    Glitter and Guns

    Active Member
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    Jan 6, 2012
    239
    1
    DFW
    To clarify, I did set up with him twice for him to come by and get it. He never showed. That was early on at the end of the friendship. I wouldn't have kept anyone's property on purpose. I don't have ethical concerns at this point - I made the effort to give it back - I just want to be sure that I am legally doing what I need to do.
     

    Mikewood

    Well-Known
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    Jan 8, 2011
    2,159
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    Houston
    Sounds like it. But if I were you I would write down your thoughts along with dates you tried to contact him and keep it with the gun. Should you ever have a cop knock on your door demanding the gun this letter will go along way to clearing up any misunderstanding.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    If it were me I would send a certified letter, return receipt requested, giving him 30 days to pick up his property or I will turn it over to the police. I would then follow through.
     

    Younggun

    Certified Jackass
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    6   0   0
    Jul 31, 2011
    53,763
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    hill co.
    I believe there is a legal route for claimimg abandoned property, not sure exactly what they are. But then again it is pobably in my head from some judge judy episode and may not apply.
     

    Tejano Scott

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    Jun 6, 2011
    8,122
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    The Woodlands
    I'd wipe all my fingerprints off it, go commit a homicide, and toss the gun at the scene with some other item of clothing,etc belonging to your ex-friend. I'd then work on my alibi and laugh as they are carted off in handcuffs.

    Actually, I'd do what TXI said.
     

    Dawico

    Uncoiled
    Lifetime Member
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    15   0   0
    Oct 15, 2009
    38,102
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    Lampasas, Texas
    You have some good options listed here. My thinking was (if you can get an address for him) to send him the rifle with signature required. If he doesn't accept it and it comes back then consider it yours with the paperwork as proof. Others on here are more knowledgable about the law but I would hate to see you give up a gun that you could keep.
     

    Chrs2fer23

    Active Member
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    Aug 13, 2010
    499
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    El Paso,Tx
    If it were me I would send a certified letter, return receipt requested, giving him 30 days to pick up his property or I will turn it over to the police. I would then follow through.

    Exactly what I would do. Dont want him reporting it stolen, and pointing authorities your way out of spite....
     

    Glitter and Guns

    Active Member
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    Jan 6, 2012
    239
    1
    DFW
    Will the police destroy the rifle? I hate to see that done. I know that it belonged to his grandfather and to his father. Unfortunately at midlife crisis time he got involved in some less than healthy decision making and that ended our friendship. I doubt that he would be contacting the police for much of anything at this point. Even if he did I think it would be pretty hard to convince the police that I stole the rifle but I guess the attorney fees to prove that I didn't would be a pain.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    Will the police destroy the rifle? I hate to see that done. I know that it belonged to his grandfather and to his father. Unfortunately at midlife crisis time he got involved in some less than healthy decision making and that ended our friendship. I doubt that he would be contacting the police for much of anything at this point. Even if he did I think it would be pretty hard to convince the police that I stole the rifle but I guess the attorney fees to prove that I didn't would be a pain.

    It is not your rifle to worry about whether or not it is destroyed.

    You know what the right thing to do is, now the only question is........................
     

    Glitter and Guns

    Active Member
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    Jan 6, 2012
    239
    1
    DFW
    Well, I guess that I am hoping that at some point he would get his life together and might like the rifle to pass along to a kid that he cares about. I will try one more time to get in touch with him and if I can't I will contact a friend that is in the sheriff's dept. As to buying one for me to shoot, I don't shoot, so I don't have a dog in the hunt. I have a daughter that shoots competitively, but this is far far far from the type fire arm that she needs for that.

    I do think it is sad, no matter the rifle's history, to see a good old one destroyed. I am guessing it is from the 1940s or so. Just sad to see a piece of history destroyed.
     

    CanTex

    Active Member
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    Mar 4, 2009
    770
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    Pflugerville
    Ethical issues... Though I agree with TX investigator and the others who pointed you in the true right direction. Here is a twist. Send the letter, per their directions but also include that if he fails to pick it up within xx amount of time you will sell the gun and forward him the money.

    Solves your issue with the gun being destroyed...
     
    Rating - 0%
    0   0   0
    Jan 5, 2012
    18,591
    96
    HK
    I'd put an ad in the newspaper for thirty days. Saying, "come get YO gun or its mine" or something close to that and forget about it.

    Its not a rocket launcher. And the only thing an old 22 will do in Texas as far as commit a crime with it, is get you beat in the head with it, by whomever you pulled it out on.

    And if it was really dear to the guy he wouldnt have left it anyway. I doubt he cares.
     

    Burt Gummer

    Active Member
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    0   0   0
    May 18, 2009
    644
    21
    Williamson County
    Ethical issues... Though I agree with TX investigator and the others who pointed you in the true right direction. Here is a twist. Send the letter, per their directions but also include that if he fails to pick it up within xx amount of time you will sell the gun and forward him the money.

    Solves your issue with the gun being destroyed...

    Innovative idea.

    I would keep it simple, turn it in to your local PD and get the case number from them for your records. You can even give them the owners name and address. They will contact him and if he does not come by they will dispose of the gun.
    If the guy is a real turd I would be worried about him reporting it stolen and trying to cause you grief.
    Offload it ASAP.
     
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