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How do you prove that you own your firearm?

Puddin99

Campaign Veteran
Joined
Apr 8, 2007
Messages
394
Location
Scappoose, Oregon, USA
imported post

I've read in lots of other posts on the board (other states) that someones firearm was taken by the police and they say you can pick it up when you bring proof that you own it.

Does everyone keep their original receipt? What if you make a private purchase? What if it was given to you? How do you go about proving that your the owner of the firearm without having the original receipt?
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,623
Location
Pleasant Grove, Utah, USA
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Personally, I think the proper response is the police agency should be required to return any item seized (when no longer needed for legal purposes) to the same individual they took it from UNLESS the police can prove that it is not that individuals property or that individual is not authorized by the legitimate owner to possess same in which case they should return it to the lawful owner that they have now identified.
 

PT111

Regular Member
Joined
Jul 31, 2007
Messages
2,247
Location
, South Carolina, USA
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You bring up a good question that gets overlooked by most of us especially those that don't go in for the bill of sale deal on private transactions. Say you are walking down the street OC, a LEO walks up to you and want to see your gun. Of course you protest but then he hits you with "the gun you have has been reported stolen and we need to verify it"!!!!! You allow them to run the serial number and sure enough it comes back stolen just a few days ago. Not only that but you are arrested and carried downtown to jail. Then you find out that it was reported stolen by the person you bought it from and he has pointed you out as the person having stolen it. Now you know it is all a lie but since you didn't bother to get any kind of receipt and he has come up with a very convincing story you find yourself in big trouble.

How about even if you had bought it from a FFL but you can't find your paperwork and someone claims it is theirs. All this might be unlikely but so is most people ever having to use their guns in defense.
 

Teddybearfrmhell

Regular Member
Joined
Mar 12, 2010
Messages
348
Location
Cottage Grove, Oregon, USA
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your handgun is NOT your only weapon for self defense..... some people also use common sense.

get a bill of sale, KEEP the bill of sale..... KNOW who you are buying from. since it it legal for private transactions here in oregun, i feel i need to protect myself and my hard earned money from douche bags. if i feel its a hinkey deal, i walk away.... i will not ever buy from anyone who will not give me valid ID.

as a former FFL dealer i keep a personal transaction log of EVERY sale and purchase. i ask for ID and copy it, i ask for a bill of sale and a reciept and i keep it in the log. i cover my ass.... i know the history of each gun i own, if only the name and ID of the former owner.

i also keep the log in a spot away from my guns so that if THEY ever come to confiscate my guns, i can burn the info. this way i have a defense in court and yet will not cause problems for anyone else if the day comes that they come to take away our guns.

but thats just me :D



BTW the burden of proof lies entirely with the state, they MUST prove that the weapon is NOT yours.... IF THEY CAN, then its NOT your weapon! it doesnt matter how much you paid the guy that didnt give you a reciept and you cant remember his name and you misplaced the bill of sale....
 

MK

Regular Member
Joined
Mar 29, 2010
Messages
396
Location
USA
imported post

I wonder about this too. Both my handgun and my wife's were given to us by her parents for our anniversary present. I have no receipt for them and they aren't registered since we don't have to register our firearms in my state.

If its confiscated, I don't have any written proof they are mine. I imagine I would have to get an attorney to get it back for me.

My thoughts are that they have to prove that it isn't mine and not vice versa.

Could they or would theytake my car stereo, fishing equipment, shoes, toolsetc. and then tell me I have to prove they are mine if there isn't any reason to suspect they are stolen in the first place? I don't see my firearms as being any different in this scenario.
 

DenWin

Regular Member
Joined
Aug 19, 2008
Messages
160
Location
San Francisco, CA
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All right, I know if I purchase a handgun from an FFL, they have to keep their records for a LONG time. I remember selling one back to them that I had purchased over 8 years prior, and they still had it on file. Because I was the purchaser from them, selling it back to them, they didn't have to do any sort of firearm check on it. So, to the point, if I do a personal sale, do you think I could go in to an FFL, pay the fee for the background check, and do it that way? Since they have to log the serial number of the firearm, and they get a filing number back from OSP, that should work, and even though the FFL wouldn't keep the record since they at no time actually own the firearm, I believe OSP keeps it on record for about 5 years, something like that. let me know what you all think.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,826
Location
Cumming, Georgia, USA
imported post

Nutczak wrote:
I would pose the question "Do you have anyproof that they are not my guns?"

Whatever happened to innocent until proven guilty in a court of law?
Unfortunately, that's interpreted to apply only to persons. Property does not have that protection under the law.
 

Teddybearfrmhell

Regular Member
Joined
Mar 12, 2010
Messages
348
Location
Cottage Grove, Oregon, USA
imported post

fortunately the 4th ammendment DOES cover property ....,

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

so, thye must have a warrant to take your property, this assumes that it IS your property..... they must PROVE that it is NOT your property in order to keep it! the burden of proof is ALWAYS on the state..... end of arguement, end of story!
 
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