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Gun stolen. And returned with note...

EMNofSeattle

Regular Member
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Aug 7, 2012
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3,670
Location
S. Kitsap, Washington state
That favor could get you shot. If the owner happened to come out of the house at the same time the idiot was pulling the gun out of the car...
What an idiot.

I have to agree, leaving the gun loaded in the unlocked car was definitely an error in judgement on the part of the owner, but that didn't give the "good samaritan" the right to remove his property and then keep his ammo. I also wonder why this "good citizen" was going around trying the doors to people's cars.

If the car was parked at home he was probably at home, the concerned citizen shoulda just knocked on the door and asked him about the gun. or left a note.
 

EMNofSeattle

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On the other hand, I don't think there should be criminal charges against the other guy. I'm a strong believer in the idea that Mens Rea should have to be proven to convict of a crime. there obviously was no intent to steal this mans property and "armed burglary" is a felony charge which I don't think is appropriate for this case. at most if they find him they should charge him with petty larceny for stealing a rather low value amount of ammo. There simply is no provable intent to commit a crime and I don't think that should be prosecuted for that reason
 

twoskinsonemanns

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WV
On the other hand, I don't think there should be criminal charges against the other guy. I'm a strong believer in the idea that Mens Rea should have to be proven to convict of a crime. there obviously was no intent to steal this mans property and "armed burglary" is a felony charge which I don't think is appropriate for this case. at most if they find him they should charge him with petty larceny for stealing a rather low value amount of ammo. There simply is no provable intent to commit a crime and I don't think that should be prosecuted for that reason

I disagree. Unlawful entry with the intent to commit larceny. And then the retard returned the handgun in a plastic bag on the ground in front of the guys door. yeah that's a lot safer than inside the car. Your being too easy on this guy. Also he DID steal the gun. He didn't just move it. The owner had time to discover it stolen and report it to police. The impression is he had the guys gun for sometime.
No provable intent to commit a crime? Why did he break into the guys car in the first place.
 

DWCook

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Sep 28, 2010
Messages
432
Location
Lenexa, Kansas
There is a lot of things that could have happened with the theft of the firearm. The person who stole it and returned could have been a criminal and used it, or as such. The person who took the gun should have left the gun in the owners vehicle which was parked on the owners property, and just rang the door bell or left a note saying please dont leave your car unlocked with a loaded firearm. Even if I somehow pulled that kind of bad stunt with leaving it loaded in the car unlocked I still be angry about how this person was messing around with my vehicle. Stealing it and then returning does not make your innocent, whoever did this should still get charges as this person obtained a firearm illegally by stealing it from the owners property.
 

EMNofSeattle

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Joined
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Messages
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Location
S. Kitsap, Washington state
I disagree. Unlawful entry with the intent to commit larceny. And then the retard returned the handgun in a plastic bag on the ground in front of the guys door. yeah that's a lot safer than inside the car. Your being too easy on this guy. Also he DID steal the gun. He didn't just move it. The owner had time to discover it stolen and report it to police. The impression is he had the guys gun for sometime.
No provable intent to commit a crime? Why did he break into the guys car in the first place.

!. Well regardless of how easy I would be, I'm not a prosecuting attorney so this is my opinion
2) sure he unlawfully entered the car, but the larceny was in keeping the guys ammo, the gun was returned to him
3) his gun could have been stolen by someone who would not have given it back
4) while the actions constituted a violation of statutory law, police and prosecutors have discretion in which cases to prosecute. I'd prosecute him for taking the ammo just to send a message, but I don't think felony charges should be made lightly.

again just my humble opinion. considering two of the last threads I just got done with I'm willing to just agree to disagree on this one.
 

twoskinsonemanns

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Ha! I hear you. Not looking to get into a knock down drag out either. One thing I'd like to know is what was the guy doing in his car in the first place? I think I could take your attitude if the guy knew him, and knew he kept a gun there and wanted to teach him a lesson. But I got the impression this was a petty thug looking to steal from people's cars.
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
Ha! I hear you. Not looking to get into a knock down drag out either. One thing I'd like to know is what was the guy doing in his car in the first place? I think I could take your attitude if the guy knew him, and knew he kept a gun there and wanted to teach him a lesson. But I got the impression this was a petty thug looking to steal from people's cars.

well this is in Florida, which is famous for having alot of HOA neighborhoods. if he is a member of an HOA I'd finger one of the officers of that HOA. Every homeowners association i'm familiar with has someone as the association president or secretary who's a total power freak. "kids in this neighborhood, gun in unlocked car=stupid" sounds to me like a busybody, the type who normally are elected HOA president. probably sees the gun and then tries the door because it's "their job" to keep the neighborhood running. I know of several HOA officers like that.
 
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