Misappropriation of handgun

[Maxx62]

Assuming that I report the gun stolen to the police, what is the likely outcome for my son? I just wanted to add that before I moved away, he was a responsible adult with a job, his own apartment, and a steady girlfriend. Also, at the time, he had several guns registered in his own name, so I believed that I had no reason to mistrust his judgement at the time. However, after I moved over seas, it appears that he fell in with some idiots and developed some bad habits.

 

[Maxx62]

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!

Not helpful. A person in their twenties is not a kid, they are an adult, and at the time I had no reason to believe that something like this would happen.

 

[quincy]

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

Thank you for answering our questions.

You really need to get some straight answers from your son. He needs to identify this friend of his and locate the gun.

Tell your son that the police must be notified because you need to protect yourself from liability should the friend do something foolish with the gun. Your son needs to worry about that as well.

What state do you live in now?

On an different note, were your creditors aware you had a storage unit with tools and guns?

 

[Taxing Matters]

When it comes to guns, things can go bad very quickly. My suggestion is that you see a local criminal defense attorney ASAP before doing anything else. Reporting it to the police ultimately is probably what you need to do, but the attorney can advise you on how to do that without saying something that might get you or your son into more trouble than is needed. It's quite easy to say something that the cops may misinterpret as something more sinister if you are not careful.

 

[bcr229]

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

The son handing over the gun to a friend without the transfer going through a federal firearms licensee is a misdemeanor in CA.

 

[quincy]

The son handing over the gun to a friend without the transfer going through a federal firearms licensee is a misdemeanor in CA.

I hope, for everyone’s sake, that the friend is found, the gun is found and returned to Maxx62, and that the friend did not use the gun to commit a (another) crime prior to its return.

I think Taxing Matters’ advice to Maxx62, to seek out a criminal defense attorney before making a report to the police, is smart.

 

[Maxx62]

Thank you for answering our questions.

You really need to get some straight answers from your son. He needs to identify this friend of his and locate the gun.

Tell your son that the police must be notified because you need to protect yourself from liability should the friend do something foolish with the gun. Your son needs to worry about that as well.

What state do you live in now?

On an different note, were your creditors aware you had a storage unit with tools and guns?

All of that sounds like great advice, and I intend to follow it. However, I don't understand the relevance of creditors in this matter? I'm living in South Carolina at the moment, and I plan on staying here for the duration.

 

[stealth2]

All of that sounds like great advice, and I intend to follow it. However, I don't understand the relevance of creditors in this matter? I'm living in South Carolina at the moment, and I plan on staying here for the duration.

I suspect your prior post/issue was being referenced.

 

[Maxx62]

When it comes to guns, things can go bad very quickly. My suggestion is that you see a local criminal defense attorney ASAP before doing anything else. Reporting it to the police ultimately is probably what you need to do, but the attorney can advise you on how to do that without saying something that might get you or your son into more trouble than is needed. It's quite easy to say something that the cops may misinterpret as something more sinister if you are not careful.

I think I will look into contacting a criminal defense attorney later today. I know from past experience that the police like to ask a lot of questions, and that they are not always our friends.

 

[Bali Hai Again]

I hope, for everyone’s sake, that the friend is found, the gun is found and returned to Maxx62, and that the friend did not use the gun to commit a (another) crime prior to its return.

I think Taxing Matters’ advice to Maxx62, to seek out a criminal defense attorney before making a report to the police, is smart.

Reactive vs proactive. Close the barn door after the horse has departed and trampled the gardens of all the neighbors and caused a fatal car accident.

https://abcnews.go.com/US/mom-arrested-after-6-year-son-allegedly-brings/story?id=97225686

America has gone insane! It’s not a surprise cops are trigger happy. “It’s better to be judged by 12 than be carried by 6.

 

[zddoodah]

A while back

How long ago?

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.

You wrote that didn't "tell him to remove any guns" and later denied giving permission to do that, but you also said you gave him keys to both the storage unit and the gun cabinet. Why would he need keys to the gun cabinet if he didn't have permission to use the guns?

I have returned to the United States, and at least one of my guns is missing.

At least? This implies that other guns may or may not be missing, but you're not sure.

When I asked my son about it, he said that he loaned it to a friend, and that he would get it back later.

Did your son identify the friend or tell you when he loaned the gun or for what purpose he loaned it or say when "later" is? If he did identify the borrower, do you know the borrower?

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?

What you should do is be a responsible gun owner and report the matter to the police. You can give your son advance warning (e.g., "if the gun isn't back in my possession by March 20, 2023, I will be reporting it to the police.").

 

[quincy]

I think I will look into contacting a criminal defense attorney later today. I know from past experience that the police like to ask a lot of questions, and that they are not always our friends.

I think that is your best course of action. The attorney can give you a good idea of what you and your son face as a result of your son’s gun-loan to his friend, and the attorney can help you inform the police of the missing gun.

It would be nice if you could keep us updated.

 

[Maxx62]

How long ago?

Can't really say for certain, but most likely sometime between 2015 and just a few weeks ago, but most likely closer to 2015.


You wrote that didn't "tell him to remove any guns" and later denied giving permission to do that, but you also said you gave him keys to both the storage unit and the gun cabinet. Why would he need keys to the gun cabinet if he didn't have permission to use the guns?

There were other items inside the cabinet besides just guns.


At least? This implies that other guns may or may not be missing, but you're not sure.


I have verified that only one gun is missing.


Did your son identify the friend or tell you when he loaned the gun or for what purpose he loaned it or say when "later" is? If he did identify the borrower, do you know the borrower?

No, he hasn't given me a name. He just said that the gun is under lock and key at his friend's grandparents house. However, he did recently admit that the gun has been taken out of state,


What you should do is be a responsible gun owner and report the matter to the police. You can give your son advance warning (e.g., "if the gun isn't back in my possession by March 20, 2023, I will be reporting it to the police.").

Yeah, I'm going to to just that this weekend.

 

[bcr229]

No, he hasn't given me a name. He just said that the gun is under lock and key at his friend's grandparents house. However, he did recently admit that the gun has been taken out of state

This just gets worse the more details you post. Interstate transfers between non-licensees haven't been legal since 1968, with very few exceptions (e.g. between an estate and an heir).

 

[Jeembo941]

How long ago?

Can't really say for certain, but most likely sometime between 2015 and just a few weeks ago, but most likely closer to 2015.


You wrote that didn't "tell him to remove any guns" and later denied giving permission to do that, but you also said you gave him keys to both the storage unit and the gun cabinet. Why would he need keys to the gun cabinet if he didn't have permission to use the guns?

There were other items inside the cabinet besides just guns.


At least? This implies that other guns may or may not be missing, but you're not sure.


I have verified that only one gun is missing.


Did your son identify the friend or tell you when he loaned the gun or for what purpose he loaned it or say when "later" is? If he did identify the borrower, do you know the borrower?

No, he hasn't given me a name. He just said that the gun is under lock and key at his friend's grandparents house. However, he did recently admit that the gun has been taken out of state,


What you should do is be a responsible gun owner and report the matter to the police. You can give your son advance warning (e.g., "if the gun isn't back in my possession by March 20, 2023, I will be reporting it to the police.").

Yeah, I'm going to to just that this weekend. Firearm is a Sig Sauer(FYI)

I know it's a tad bit old thread, but did you end up reporting interstate transfer of the firearm in the end? That's pretty serious stuff if you ask me, especially considering you were unaware of whereabouts of the firearms during your absence.