Misappropriation of handgun

[Maxx62]

A while back I had stored some firearms in a nearby storeage facility while I traveled overseas. The guns were stored inside a locked cabinet, and the manager of the storage facility was aware that I had placed them there. Additionally, I gave my son, who was in his twenties at the time, a copy of the keys to my storage unit, and also my gun cabinet, and I told him that he could go in there if he needed to get tools, but I did not tell him to remove any guns. (My son now claims I gave him permission over the phone to remove my guns, but I never did so.)

Now flash forward a few years. I have returned to the United States, and at least one of my guns is missing. When I asked my son about it, he said that he loaned it to a friend, and that he would get it back later. Needless to say I was completely taken aback by his excuse, and I cannot believe that he was so irresponsible. A few weeks have passed, and my son has failed to produce the missing handgun, or provide an explanation as to where it now is.

Needless to say, I'm concerned about any liablility I may be facing due to my son's foolishness, yet at the same time I do not wish to see my son charged with a crime. What should I do about this?

 

[Zigner]

What US state?

My general answer is that if you believe that your son "misappropriated" (in other words, stole) your handgun, then report it to the police. If you do NOT believe that is what happened, then you acknowledge that the removable was permissible, but in any case, the weapon has now been lost. You should report that to the police, as well.

 

[quincy]

A while back I had stored some firearms in a nearby storeage facility while I traveled overseas. The guns were stored inside a locked cabinet, and the manager of the storage facility was aware that I had placed them there. Additionally, I gave my son, who was in his twenties at the time, a copy of the keys to my storage unit, and also my gun cabinet, and I told him that he could go in there if he needed to get tools, but I did not tell him to remove any guns. (My son now claims I gave him permission over the phone to remove my guns, but I never did so.)

Now flash forward a few years. I have returned to the United States, and at least one of my guns is missing. When I asked my son about it, he said that he loaned it to a friend, and that he would get it back later. Needless to say I was completely taken aback by his excuse, and I cannot believe that he was so irresponsible. A few weeks have passed, and my son has failed to produce the missing handgun, or provide an explanation as to where it now is.

Needless to say, I'm concerned about any liablility I may be facing due to my son's foolishness, yet at the same time I do not wish to see my son charged with a crime. What should I do about this?

Report the missing gun to the police. The sooner you do this, the less likely you or your son will be arrested if the gun is used to commit a crime.

 

[PayrollHRGuy]

Tell your son you are reporting it to the police and that you will be required to tell them that you lost the gun buy giving it to a friend.

 

[quincy]

What is the name of your state, Maxx62? The laws vary from state to state.

 

[Zigner]

Depending on the state, this entire thing could be a HUGE criminal issue.

 

[quincy]

Depending on the state, this entire thing could be a HUGE criminal issue.

Agreed.

Although only a few states (15?) have laws that require a gun owner to report to law enforcement a lost or stolen gun - with liability falling in part on the gun owner who fails to report a theft/loss in a timely manner if the gun is used in the commission of a crime - in all states the owner of a gun that is used in the commission of a crime can be arrested and charged, or sued by a victim.

 

[Bali Hai Again]

Out of the country for a “few years” and giving a kid in his twenties access to your handgun? Did any other method to secure the weapon come to your mind? Totally irresponsible and negligent these days. A victim might sue you if they are still alive!

 

[quincy]

Out of the country for a “few years” and giving a kid in his twenties access to your handgun? Did any other method to secure the weapon come to your mind? Totally irresponsible and negligent these days. A victim might sue you if they are still alive!

The son’s friend probably would not need to “borrow” a gun if he was able to legally purchase one on his own.

 

[adjusterjack]

Around 2015 OP lived in California, a very bad place for a mishap with a firearm, if that's where this is happening.

 

[quincy]

Around 2015 OP lived in California, a very bad place for a mishap with a firearm, if that's where this is happening.

California has a 5-day loss or theft reporting law which shouldn’t be ignored - but in New Jersey, Oregon and Washington, not only would Maxx62 have less time to report the missing gun, he would face greater liability issues.

 

[bcr229]

Around 2015 OP lived in California, a very bad place for a mishap with a firearm, if that's where this is happening.

Let's hope not. While intra-family transfers between a parent and child are legal without going through an FFL, there is still paperwork that has to be filed with the state when it occurs. OP leaving the keys to the gun cabinet with his son would have counted as a transfer. https://oag.ca.gov/firearms/pubfaqs#5

 

[quincy]

Let's hope not. While intra-family transfers between a parent and child are legal without going through an FFL, there is still paperwork that has to be filed with the state when it occurs. OP leaving the keys to the gun cabinet with his son would have counted as a transfer. https://oag.ca.gov/firearms/pubfaqs#5

... as would the son giving the gun to his friend.

How long ago was the gun given by your son to his friend, Maxx62?

 

[Maxx62]

What US state?

My general answer is that if you believe that your son "misappropriated" (in other words, stole) your handgun, then report it to the police. If you do NOT believe that is what happened, then you acknowledge that the removable was permissible, but in any case, the weapon has now been lost. You should report that to the police, as well.

California of course. But now I'm living on the Eastcoast.

 

[Maxx62]

... as would the son giving the gun to his friend.

How long ago was the gun given by your son to his friend, Maxx62?

Not sure exactly. Could have been anytime between 2015 and just a few weeks ago.