The following is a video transcript.
Independent Program Attorney: Hi, this is attorney Richard Hayes. How can I help?
Member: Oh, hi Richard. My name is Germaine Baur and I am a Texas LawShield member.
Independent Program Attorney: Hi, Germaine, what can I do for you?
Member: So, I read an article today online about a guy who had his gun stolen out of his car. He called the police to report it. They came to take the report, but then they ended up taking all of his guns and now they may even take his handgun license.
Independent Program Attorney: Yeah, I’m familiar with the story. Unfortunately, it’s real. I see it happen in my practice, where good intentioned gun owners get themselves in trouble by inadvertently tattling on themselves in the process of reporting a lost or stolen gun. Whether it be they were in a prohibited place, like a post office or a bar or even there’s some states where it’s a crime if you don’t report your lost or stolen firearm within a certain period of time. So, it’s really important that you talk to an attorney first, because if you find yourself in one of those situations, I don’t want you inadvertently implicating yourself in a crime. And when the authorities are out there, you think they’re working to get your gun back, really they’re investigating you for a crime.
Member: Okay. So, that seems really, really unfair. Are you saying that I shouldn’t report a stolen gun?
Independent Program Attorney: No. By no means am I saying that. You absolutely want to report your gun if it’s lost or stolen. Especially, in those cases where it’s a crime for failing to report the gun lost or stolen. But, you want to talk to an attorney first, because we don’t want you falling into one of those pitfalls.
Member: Why is that?
Independent Program Attorney: Well, in cases where you’re associated with your gun and if you failed to report it lost or stolen and it shows up at a crime scene, the ATF or local law enforcement could trace it back to you. I don’t want the authorities showing up at your house unexpectedly asking you questions. It’s very uncomfortable.
Member: Well that makes sense. So, what’s the best way to handle the situation if my gun ever gets lost or stolen?
Independent Program Attorney: Well, unlike in cases of self-defense where the first call after the scene is safe is to 911, in this case it really should be to an attorney, because they’re going to be familiar with the laws in your state to make sure that you’re complying with your state’s law, and also they’re going to prepare you. They’re going to be able to walk you through the likely questions you’re going to receive from law enforcement, so you’re prepared for those followup questions.
Member: Right, so I don’t accidentally say something or do something that could get me in a lot of trouble right?
Independent Program Attorney: That’s exactly right. In my practice, I’ve seen a lot of good intentioned gun owners get themselves in trouble because they didn’t talk to an attorney before speaking to authorities and I wouldn’t want that to happen to you.
Member: Thank you so much.
Independent Program Attorney: You have a good day.
Texas LawShield President, Kirk Evans: I’m Kirk Evans, President of Texas LawShield. Thank you for watching and thank you for being a Texas LawShield member. I hope you found this video useful and informative, because the information is vital to helping you preserve your rights as a gun owner. Hundreds of thousands of guns are stolen every single year, with many of them turning up at grisly crime scenes, and when there’s no obvious culprit, the gun’s most recent owner quickly becomes a person of interest. If you’re ever the victim of gun theft, we want you protected, which is exactly why we created Gunowner Identity Theft Coverage, so you can have the peace of mind knowing that you’ll have an Independent Program Attorney ready to help you prepare to deal with the authorities when reporting your gun lost or stolen. Simply click the link below to add this vital coverage to your Texas LawShield membership today.
Simply click here to add this vital coverage to your Texas LawShield membership today.
I thank u 4 this valuable resource. I didn’t know that. Now I will close mouth n call law Sheild. Knowledge is power. Thank u Kirk. Sincerely Ken pater.
I had a pistol stolen from my vehicle here in Bedford. I went to the local PD to report it, after which I was left with one distinct feeling—they couldn’t care less.
Think of your handgun as your baby. NEVER leave your baby in a car by itself, AND NEVER
leave any firearm, unattended, in a vehicle.
I had a gun that I was unable to locate after a firm had packed several rooms due to a flood in the house. I initially thought it may have been taken possibly by one of their employees. I called the firm as well as notified the Bedford bc TX police. They were pleased that I advised bc them. Several months later I found the gun in a very obscure plac where I must have “hidden it” during the packing. Return calls were made to the police VB and that firm. No issues either time.
I don’t understand why I could get in trouble for reporting my gun stolen. I carry all the time but I have to leave it in my car while I’m at work (hospital). Would I still be in trouble for it being in the parking lot,in my car?
Thank you for reminding me. Very good information. May l suggest other members to purchase “Texas Gun Law” 2019-2021 edition avaliable from TLS. Good source for any questions they may have.
I got laid off from a company many years ago. Since l drove a company pickup they had a couple of other superintendents follow me home (50 miles one way), to bring the truck back to the office. The boxes with my work stuff were put in my wife’s and my locked storage facility. I had a carry permit and no one knew that l had a colt pistol in one of the boxes… Several years later l went to get the pistol out of the box. Someone had apparently found and stolen it at some point while I’d been deployed to Iraq. I had my suspicions, but, no proof and never did know who’d been in there and stolen it. Several years later, after moving out into the adjacent county, l finally located the plastic case with all of the paperwork, including the model and serial number information, from when I’d purchased it.
The problem now is that l don’t know how or who to report the theft to. I’ve wanted to do it to protect myself if it shows up somewhere that it shouldn’t, or in case it’s found and l can get it back! Can you advise me of my best way to handle this?
Thank you for your question. Please see the following response from an Independent Program Attorney:
“Frederic, your situation is a unique one. Of course once you find out that your firearm is stolen or lost, you should report to the police. But since that time has passed, you should report the missing gun to the police where you last had possession. Obviously they will not be able to catch the perpetrator, but the police have the ability to report the firearm to the NCIC Lost and Stolen Gun Database. This will help shield you from suspicion if your gun is used in a crime, as well as be helpful in retrieving your gun. For example, if it shows up at a pawn shop and the police find it during a random pawn shop check for stolen property.”
Well then, This make’s me happy to have your stolen gun coverage, and now to be armed with this new info that I really did not know, If one of my firearm’s went missing I would have called the police first, Not now, thank you for the awesome update.