Stolen Gun Question

bullpike · #1 12-03-2009, 02:02 PM

So on saturday, a friend and I returned from hunting in saskatchewan. We pulled in around 7:30pm to a friends shop, hoisted the deer and proceded to skin the deer we had shot. Being it was our last day of hunting for the year we decided to have a few beer and BS about the years adventures. At 3:00 in the morning I grab a taxi home and leave all my hunting gear in the truck. I pick my truck up at noon, jump in it and go home to unpack. As I am unpacking I realize that my gun has been taken from it, as has my two ipods. The weird part is, my friends gun was sitting beside mine and the thieves took the bullets out of his shell holder but didn't take his gun. Furthermore his gun is far worth far more than mine. So I report it stolen to the RCMP and the constable tells me that they are going to charge me(not too sure with what at this point). My question is is can they do this? Any help would be appreciated. Thanks,

Bull

#2 12-03-2009, 02:04 PM

Quote:

Originally Posted by bullpike

So on saturday, a friend and I returned from hunting in saskatchewan. We pulled in around 7:30pm to a friends shop, hoisted the deer and proceded to skin the deer we had shot. Being it was our last day of hunting for the year we decided to have a few beer and BS about the years adventures. At 3:00 in the morning I grab a taxi home and leave all my hunting gear in the truck. I pick my truck up at noon, jump in it and go home to unpack. As I am unpacking I realize that my gun has been taken from it, as has my two ipods. The weird part is, my friends gun was sitting beside mine and the thieves took the bullets out of his shell holder but didn't take his gun. Furthermore his gun is far worth far more than mine. So I report it stolen to the RCMP and the constable tells me that they are going to charge me(not too sure with what at this point). My question is is can they do this? Any help would be appreciated. Thanks,

Bull

Sure they can charge you but it still takes a day in court to convict you. I guess it depends if your truck was locked, the gun was out of sight, yada, yada. Don't say anything else to them until charged and then get a good lawyer.

alacringa · #3 12-03-2009, 02:05 PM

What's the charge? Improper storage? I think as long as your truck was locked, and the firearms were out of sight, you should be OK. Feel free to correct me, anyone, if I'm wrong about this.

edit -- dang it, sheephunter!

Battle River · #4 12-03-2009, 02:26 PM

Had the same thing happen to me 8 years ago. Do not make any statements to them other than your truck was locked and rifle out of sight. there is nothing for them to charge you with!!! You are likely dealing with a misinformed and arrogant officer that does not know the Firearms act.

Scotty P. · #5 12-03-2009, 02:52 PM

Make sure you tell them that the gun was locked and out of site. The same thing happened to my brother last year in Calgary. When he called the City police the ytold him they would try to send someone out later that week (the theft happened on a Sunday evening). After phoning to report the gun stolen with the registries they told him that they can't take his name off the rifle until a police report had been filed but there was never any mention of charges. I'm interested to hear what happens though.

rhuntley12 · #6 12-03-2009, 03:12 PM

Don't talk to them anymore. Whether you talk to them thinking it will help you out or not, it will be used against you if they can, just don't talk without a lawyer.

BTK · #7 12-03-2009, 03:23 PM

Are you a member of the NFA? This is a good organization to be a part of. Give them a call regardless, they at least direct you in the right direction. My cousin (who is a member on AOF) had his gun stolen out of his truck last year might be able to give you some direction. Will let him know about your post!

uglyelk · #8 12-04-2009, 01:54 AM

They can not charge you with improper storage and make it stick. As long as the firearm was in a vehicle it's being transported not stored. Give the NFA a shout and ask for some help.

froggy · #9 12-04-2009, 03:13 AM

corect me if im wrong but i dont think i am as long as your gun is trigger locked and out of sight and the truck is locked they cant charge you with anything

mtylerb · #10 12-04-2009, 04:53 AM

Quote:

Originally Posted by froggy

corect me if im wrong but i dont think i am as long as your gun is trigger locked and out of sight and the truck is locked they cant charge you with anything

If it's a non restricted, which if he's using it for hunting it should be, it doesn't have to be trigger locked, just out of sight and the doors to the vehicle locked. We've argued this point many times on here and it always turns the same way.

Some "lawer" is going to come along and claim some misinformed "fact" of needing a trigger lock or it needing to be locked in a case, someone will quote legislation and break it down (I did that either last time or the time before). Then the "facts" will actually become fact and the thread will die waiting for the next time for someone to say something like:

Quote:

Originally Posted by froggy

corect me if im wrong but i dont think i am as long as your gun is trigger locked and out of sight and the truck is locked they cant charge you with anything

Ahhhh, deja vu.

shortaction · #11 12-04-2009, 05:23 AM

Here is what it says on the RCMP website http://www.rcmp-grc.gc.ca/cfp-pcaf/f...posage-eng.htm.

Leaving Any Class of Firearm in an Unattended Vehicle

•Lock non-restricted firearms and locked containers carrying restricted or prohibited firearms in the trunk or in a similar lockable compartment.

•If the vehicle does not have a trunk or lockable compartment, put firearms and firearm containers out of sight inside the vehicle and lock the vehicle.

•If you are in a remote wilderness area and cannot lock your non-restricted firearms inside your vehicle, unload them and put them out of sight. Attach a secure locking device unless they are needed for predator control.

Grizzly Adams · #12 12-04-2009, 07:30 AM

You didn't just misplace it in your drunken stupor?

Wouldn't be the first time I've heard of that happening.
Grizz

zabbo · #13 12-04-2009, 08:39 AM

Once again criminals have more rights than law abiding citizens!!

Only in Canada

LongDraw · #14 12-04-2009, 09:33 AM

If the officer phones you with any questions I would start to question him on what the thief will be charged with and how their investigation is progressing on your stolen gun..

bullpike · #15 12-04-2009, 09:45 AM

Well I haven't heard back from the RCMP yet, but am somewhat nervous about this. I guess before I hire a lawyer I would like to know exactly what I am dealing with. Is it possible I could lose my firearm priveleges? Criminal charges? Does anybody know how severe this is?

bullpike · #16 12-04-2009, 09:50 AM

Quote:

Originally Posted by Grizzly Adams

You didn't just misplace it in your drunken stupor?

Wouldn't be the first time I've heard of that happening.
Grizz

Not unless I lost my 2 ipods and 2 boxes of shells also.

I also had a swarovski spotting scope, leupold rangefinder, bushnell range finder, 2 gps's and a camera in the truck that were NOT taken.

rhuntley12 · #17 12-04-2009, 09:56 AM

Quote:

Originally Posted by bullpike

Well I haven't heard back from the RCMP yet, but am somewhat nervous about this. I guess before I hire a lawyer I would like to know exactly what I am dealing with. Is it possible I could lose my firearm priveleges? Criminal charges? Does anybody know how severe this is?

I would bet you are ok, just dont talk to them if they call back without a lawyer, even if they say you aren't a suspect.

It's like if you are being a good person and say you were in place X so you couldn't have done the crime. They find another person who swears they saw you in place Y at the time so you couldn't have been in place X even if you really were. If no one else can say you are in place X, congrats you just became a suspect and possibly arrested for lying to investigators.

It's happened before where they can't get the person for crime but get them in a situation like the above. I believe thats how they got Martha Stewart.

Big Red 250 · #18 12-04-2009, 10:41 AM

How well do you know your hunting partner or who ever owns +was around the friends shop? Why wouldn't they take your friends rifle as well. Neighborhood kids maybe. Is your rifle insured?

AbAngler · #19 12-04-2009, 10:48 AM

I highly doubt you'll need a lawyer. If your gun was out of sight and the doors locked (like it was, right?) then there is nothing they can charge you with that will stick. Do what LongDraw says, you aren't the criminal here.

Good luck and please keep us up to date.

BrownBear416 · #20 12-04-2009, 11:13 AM

I had a gun stolen out of my truck and the cops came to my house and told me they were going to charge me for unsafe storage as my truck was unlocked at the time.He was pretty upset about the whole deal and said he would get back to me on the charges..

Well that was 10 years ago and he still hasn't called so I have stopped worrying about it

drake · #21 12-04-2009, 11:48 AM

Hopefully you and your buddy have different calibers, and weak actions and the thief blows his face off trying to shoot your buddies ammo in your gun!.......i bet he would learn his lesson.

Trav · #22 12-04-2009, 12:56 PM

Quote:

Originally Posted by bullpike

Not unless I lost my 2 ipods and 2 boxes of shells also.

I also had a swarovski spotting scope, leupold rangefinder, bushnell range finder, 2 gps's and a camera in the truck that were NOT taken.

Well i hate to say it but the frist place I would be looking is my buddy, If your guns are gone but his are still there I would be starting to check my buddy out and ask him. Seems weird they would only take that and not his
just my 2 cents

Okotokian · #23 12-04-2009, 01:10 PM

So you leave your gun at your buddy's shop. "Thieves" take your gun but not his more expensive gun sitting right next to it.... Gee, I wonder who might have taken the gun.... hmmmmmmmm

As far as the "charge" goes, say nothing. I'd be curious as to how the officer is going to present evidence to the judge and answer your lawyer's questions... "Do you have the gun in question officer? "No I do not". "Did you see the gun stored improperly officer?" "No Sir". "Did you see the gun at all?" "No Sir". "Do you in fact even know if there was a gun in that car?" "well, not actually Sir".

bobjoe · #24 12-04-2009, 01:45 PM

I see there are many different views. bullpike, don't worry yourself sick it will only cause you more hardship. If the firearm was locked and out of sight then the member shouldn't charge. If grounds exist then for a charge and the member and crown proceeds with a charge then it would one of two charges or both. the first one would be under the firearms act for unsafe storage, the second would be from the criminal code of canada section 86(2) which is relation to the storage,handling,transportation, shipping....ECT. The punshiment is found under section 86(3)(a)(1)/(2) and 86(3)(b) the max allowed sentence for a first offence when charged indictable is a term not exceeding two years second offence is a term not exceeding five years. If charged under a summary offence the the max allowed sentence would be a $2000 fine, and or 6 months. That is only if you are convicted. This is not intended to scare you or make you worry more but to inform you. If you have any other questions PM me.

#25 12-04-2009, 01:46 PM

Quote:

Originally Posted by Okotokian

So you leave your gun at your buddy's shop. "Thieves" take your gun but not his more expensive gun sitting right next to it.... Gee, I wonder who might have taken the gun.... hmmmmmmmm

As far as the "charge" goes, say nothing. I'd be curious as to how the officer is going to present evidence to the judge and answer your lawyer's questions... "Do you have the gun in question officer? "No I do not". "Did you see the gun stored improperly officer?" "No Sir". "Did you see the gun at all?" "No Sir". "Do you in fact even know if there was a gun in that car?" "well, not actually Sir".

LOL....good thing you aren't a defence lawyer or prosecuter. I think the fact that the OP reported it stolen from his truck is enough evidence to prove there was indeed a gun and it was stolen from the truck.

As long as the truck was locked and the firearm out of sight, it should prevent any actual charges...... unless the cop can prove otherwise or the OP admitted otherwise.

Tuc · #26 12-04-2009, 02:45 PM

Quote:

Well I haven't heard back from the RCMP yet, but am somewhat nervous about this. I guess before I hire a lawyer I would like to know exactly what I am dealing with. Is it possible I could lose my firearm priveleges? Criminal charges? Does anybody know how severe this is?

Chill out bro......as many have said already... truck locked, rifle out of sight, your safe. If it wasn't, then your getting a fine. Your vehicle insurance will look after replacing your firearm.
We learn from our mistakes or most of us do.

sjemac · #27 12-04-2009, 04:07 PM

Regardless, stop talking to the police. They have indicated that they plan on charging you. Any further conversation will only help them do that. If they insist on conversation, get a lawyer. Any other course of action is idiocy.

albertadave · #28 12-04-2009, 04:18 PM

Quote:

Originally Posted by Trav

Well i hate to say it but the frist place I would be looking is my buddy, If your guns are gone but his are still there I would be starting to check my buddy out and ask him. Seems weird they would only take that and not his
just my 2 cents

Come on, get a grip. I don't know bullpike or his buddy, but really, the guy's gun gets stolen and you think his buddy did it. Geez, I'm glad I don't hunt with you. I know if it was my gun that got ripped off, my hunting buddies would be the last ones I'd be looking at. Of course, if it was a case of beer that went missing it might be a different story.

The Rog Man · #29 12-04-2009, 04:59 PM

You say you guys had a few right?
Are you sure yer buddy didn't just grab your gun case thinking it was his by mistake?
It could be that simple???

ATF · #30 12-04-2009, 07:58 PM

I didn't see him mention that the truck was locked in his original post.
Was it or has everyone just assumed it was?