Posted on 07/18/2015 1:20:13 PM PDT by marktwain
A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree.
B. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree
1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an inference that the person in possession of the property was aware of the risk that it had been stolen or in some way participated in its theft.Being in possession of a firearms stolen more than three years ago relieves the buyer of most of the concern about being charged with trafficking in stolen property.
2. Proof of the purchase or sale of stolen property at a price substantially below its fair market value, unless satisfactorily explained, may give rise to an inference that the person buying or selling the property was aware of the risk that it had been stolen.
Darrail claimed ownership of the two guns found in the Tahoe, telling police he bought them online several months prior, and disclosed he was a concealed-carry permit holder, the complaint says. One of the guns was reported stolen from a parked car in Milwaukee in 2013.The point is that a known associate of criminals, at a couple of crime scenes, found with two separately stolen guns, was not prosecuted because there was a lack of evidence that he knew the gun was stolen.
Carrington was charged with being a felon in possession of a firearm and posted his $5,000 bail soon after his arrest.
Milwaukee police referred a charge of receiving stolen property against Darrail, but prosecutors declined for lack of evidence that Darrail knew the gun was stolen, according to Lovern, the deputy district attorney.
•••
Six months later, Darrail Smith again came to the attention of Milwaukee police officers.
(snip)
Darrail had a Ruger pistol sticking out of his waistband.
By then, other officers had arrived to help.
Darrail told one of the officers he had a second gun, which had fallen down his pants leg. When officers searched him, they found not only a Glock 9mm pistol in his pants, but also a Springfield 9mm pistol in a holster on his waistband.
All three guns were loaded, and the Ruger pistol had been reported stolen. Police seized all three, and a couple of weeks later, Darrail filed a petition asking a judge to order the guns returned to him.
On May 26, prosecutors charged Darrail and Carrington with two counts of conspiracy to commit possession of a firearm by a felon. Carrington is also charged with being a felon with a gun and bail jumping.If Darrail was not prosecuted for possession of a stolen gun, which he said that he purchased online, it is highly unlikely that a legitimate purchaser who can explain how he purchased a gun, say at a gun turn in (buyback), that turns out to be stolen, will be prosecuted either. If it were ever determined that you had a stolen gun in your possession, you might end up having to return it to the rightful owner. Anything worse is highly unlikely.
Carrington was arrested on May 28 and posted $5,000 bail. He has pleaded not guilty.
Darrail remains at large.
Fifty bucks for a $400+ firearm might be an indicator...
Here in CA all sales have to go through an FFL dealer. :(
Having had guns stolen, IMO anyone found with a stolen gun on them should have the book thrown at them.
They went after this here in KY a couple of years ago. We found out while selling at a Flea Market.
Anything you buy for resale we had to give a receipt to the person we purchased it from with their real name. It was in our interest to do so in case the item was stolen.
They also consider what you paid for an item. If you bought a 3 carat diamond ring for $20 you better have that receipt, or your probably gonna be charged if it’s stolen.
if the serial number is defaced, i'd say it's stolen...
For democrats they will prosecute the person it was stolen from.
“My understanding is that virtually all “possession of stolen property” crimes involve an element of “knowing” that the property was stolen.”
You are correct. You MUST know it is stolen to have any mens rea, i.e. “bad intent”. If you don’t know it’s stolen then there is no crime for possessing stolen property. It is not a “strict liability” law like statutory rape.
Carrying 3 pistols gangster, no holsters. Only the Amish!
No, he was not a convicted felon. He just hung out with them.
Sounds like he was a “walking holster” for the rest of the gang. Not having a conviction meant that he could hold the guns until someone else needed it.
Some gang members use their girlfriends for that.
I guess he was charged with giving a gun to a felon. Confusing.
Disagree as I personally went through this. I purchased a Colt revolver on Gunbroker from a major seller with excellent references. As required, the transaction was handled through FFLs. Three years later I received a call from ATF asking if I had the gun. I replied yes, they informed me it was stolen and made arrangements to pick it up. The issue of charges against me was never a consideration, but I was out $1200 on an item now worth twice that. Collector/buyers are at a disadvantage in that the general public doesn’t have access to a list of stolen guns. While I was upset over my loss, I was thankful this was not a vehicle purchase as my losses could have been much higher.
Fascinating that it took three years to find it reported as stolen.
Fifty bucks for a $400+ firearm might be an indicator...
________________________________________________________
Why? Gun Buyback Programs do it all the time. /sarc
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.