AZ-Possession of Stolen Firearm

[Chaco]

What is the name of your state? Arizona

My brother just had a gun stolen from him. A friend of a friend bullied my brother about selling a gun to him. My brother declined and the guy just took it. This guy is much bigger and tougher than my brother and he had a large friend with him. He warned my brother not to call the cops.

From what I understand my brother is still responsible if that gun is used in a crime. Is this true? What's his best course of action? If he calls the cops this guy might kill him. The guy has a history of violence and he is usually high on meth. What to do?

[gawm]

Call the police and report the gun stolen. That way if the guy comes back, he would at least have his gun back to protect himself.

[Chaco]

Or the guy denies that he has the gun. Then what? If the guy is found with the gun what is the minimum and max penalties he's looking at? If he's not going to jail for a while it doesn't seem worth the risk. But if you're responsible for guns even if someone else took it than he has no choice but to call the police. No matter what I think my brother is f***ed.

[CdwJava]

As for penalties, that's impossible tgo say as that would depend on the suspect's criminal history, what he has done with the gun, and if he is charged with robbery for coercing the gun from your brother.

As for charges your brother would face for NOT reporting it, he could be charged as a conspirator in a crime if it is alleged he knew the suspect was going to comit a crime with the gun, or any of a number of lesser offfenses depending on the circumstances. He might also open himself up to incredible civil liability for any damages inflicted by the gun.

Nice friends he has. If he has any more thugs in his circle of friends he might not get a load of sympathy from any judges if he gets charged.

- Carl

[Chaco]

I guess the guy has been in jail before. So would he be guaranteed to go back to jail. The people my brother was with weren't really friends they're neighbors. They all live in the same apartment complex except for the guy that took the gun. My brother wants to call the police and report the gun stolen but he also wants to stay alive. He knows he was stupid that night and wants to make it right. Do you think this guy will go to jail?

[xylene]

Originally Posted by Chaco

What is the name of your state? Arizona

My brother just had a gun stolen from him. A friend of a friend bullied my brother about selling a gun to him. My brother declined and the guy just took it. This guy is much bigger and tougher than my brother and he had a large friend with him. He warned my brother not to call the cops.

From what I understand my brother is still responsible if that gun is used in a crime. Is this true? What's his best course of action? If he calls the cops this guy might kill him. The guy has a history of violence and he is usually high on meth. What to do?

Let me ask - The gun your brother owned and attempted to sell - it was legal?

[fairisfair]

The first stupid mistake your brother made was having a gun (as he is apparently not responsible or mature enough to handle possessing one)

The second stupid mistake was showing the gun off to a bunch of thugs.

The third one is not reporting the gun stolen.

[fairisfair]

Originally Posted by xylene

Let me ask - The gun your brother owned and attempted to sell - it was legal?

Good question X!! Let's hope that the concern is that a gun that is legally registered to the brother may be used to commit a crime. and that it isn't a he stole what I stole first complaint

[CdwJava]

There is no way to say if the guy will go to jail or not. If there is no proof he stole the gun, and he denies stealing it, then he may not go to jail. The problem your brother faces is that he could find himself charged with any crime the thief commits using the gun.

He really should reconsider the people he hangs with. Obviously he told the wrong crowd he had a gun and the guys in the wrong crowd decided that they could coerce him into handing over the gun. Well, now your brother just locked arms with the thieves and can very well count himself one of them if the gun is used in the commission of a crime.

If the guy is later found with the gun, and it is not reported stolen, chances are he will be contacted to ask why he did not report it stolen. This will raise more than a few eyebrows with the police - especially since the bad guy will likely say that your brother GAVE him the gun. Guess who will never get the gun back? The BEST result of not reporting it is that the thug loses it or never uses it or gives it away. The sad reality is that even if HE doesn't use it, he is just as likely to give it away to someone who might.

- Carl

[gawm]

If he is too much of a wuss to do anything, I guess he could say he sold the gun to him. Wouldn't that release him of any liability. Gun sales between private parties in AZ don't require background checks. If it is used in a crime and police come knocking, he could just say, I sold the gun on this date.

[CdwJava]

Originally Posted by gawm

If he is too much of a wuss to do anything, I guess he could say he sold the gun to him. Wouldn't that release him of any liability. Gun sales between private parties in AZ don't require background checks. If it is used in a crime and police come knocking, he could just say, I sold the gun on this date.

He had better have a signed receipt or a notice to back that claim up! EVen a private party sale in AZ requires a paper trail.

- Carl

[gawm]

Originally Posted by CdwJava

He had better have a signed receipt or a notice to back that claim up! EVen a private party sale in AZ requires a paper trail.

- Carl

It has been a couple of years since I bought or sold a gun privately. I don't recall having to keep a paper trail. How would one know if the person is giving the right info? I'm not saying it wouldn't be the smart thing to do, but I don't know of any law that requires it.

[Chaco]

Originally Posted by gawm

If he is too much of a wuss to do anything, I guess he could say he sold the gun to him. Wouldn't that release him of any liability. Gun sales between private parties in AZ don't require background checks. If it is used in a crime and police come knocking, he could just say, I sold the gun on this date.

I'm looking for advice here not ridicule. I know my brother is an idiot. A lot of people come to a Wake Up point in life and this is his Wake Up call. He knows that. Being a wuss has nothing to do with it. What would not being a wuss look like, taking the guy out. I've already played with that one but it's not worth it. I know he's too irresponsible to own guns but he does. I guess he's just gonna have to call the cops but then he's also going to have to be packing everywhere he goes until he leaves the state or end up dead.

Can you report a gun lost?

And yes the gun is legally his or we wouldn't be having this conversation.

[gawm]

Originally Posted by Chaco

I'm looking for advice here not ridicule. I know my brother is an idiot. A lot of people come to a Wake Up point in life and this is his Wake Up call. He knows that. Being a wuss has nothing to do with it. What would not being a wuss look like, taking the guy out. I've already played with that one but it's not worth it. I know he's too irresponsible to own guns but he does. I guess he's just gonna have to call the cops but then he's also going to have to be packing everywhere he goes until he leaves the state or end up dead.

Can you report a gun lost?

And yes the gun is legally his or we wouldn't be having this conversation.

I just told you what you can do to release your so called "brother" of any liability. However, if it is ridicule that you want here it is. What do you think is going to happen the next time this bully wants something for nothing from your "brother", knowing your "brother" won't stand up for himself? He is now considered a punk. It is not about being a bad ass or being able to win in a fight. If he knows he can just take whatever he wants from him he is going to do so whenever he wants. All he has to do is call the police, but if he is too afraid to do that, then yes he IS a wuss.

[CdwJava]

Originally Posted by gawm

It has been a couple of years since I bought or sold a gun privately. I don't recall having to keep a paper trail. How would one know if the person is giving the right info? I'm not saying it wouldn't be the smart thing to do, but I don't know of any law that requires it.

From what I read a background check must be performed, but no records need be kept by local law enforcement. So, it would seem that before a transfer or sale could be complete he would have to have a background check conducted via the state or the FBI (whoever conducts these in AZ).

- Carl