Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
Posted: 4/28/2003 5:43:38 PM EDT
[Last Edit: 4/28/2003 5:50:21 PM EDT by Cerebus]
I moved to Maryland about 3 1/2 years ago from PA. In PA, I had a CCW permit and carried regularly. In addition, I always had a handgun in car. When I moved to MD, I never broke the habit of leaving the Taurus in the car. In hind sight, very stupid.

Since I'm a major procrastinator, I didn't transfer my registration to MD, and my PA reg expired. Well, my car was towed (due to the exp tags), with the pistol between the driver's seat and the console. The cops never informed the Metro station manager, as they should have. Because of my lack of knowledge, I reported the car stolen. They checked and there was no record of it being towed, so I promptly informed the officer that there was a pistol in the car ...'cuz I thought a bad guy had it.

Yadda, yadda, yadda ...two weeks later I get a letter that they're gonna auction my car because I "abandonded" it. WTF? So I get my car out of impound, minus the Taurus. I contacted the case officer every couple weeks (only ever to get his voicemail), asking if there would be charges filed and/or if I could get my pistol back. I never really pushed the issue, and after 2 years and 30 some phone calls, I quit trying.

I'm tempted to try to contact them again and see if I can get the pistol back, but my biggest fear is having charges filed and losing my right to own any firearm in MD ...like it's not bad enough already.

Should I push to get the pistol back and risk losing my right to own firearms, or forget about it and write off the $400 Taurus?

Sorry for the length.
Link Posted: 4/28/2003 7:07:59 PM EDT
Damn, that is some shit. You are definatly between a rock and a hard place. You need to declare the firearm stolen. It is a federal offense if you dont, not to mention if its used in a crime their coming after you because its registered in your name. Make up some BS story like your buddy had it and you went and got it and forgot to take it out that night. Remember it was in a case, LOCKED AND UNLOADED. Thats about all I can say besides. Find out who towed it, did it sit in their impound lot. Notify the owner that a firearm was stolen from the vehicle(at their impound lot) and that is a felony. You need a friend whos a MDSP to help you out. Worse comes call a lawyer.
Hope this helps
Z
Link Posted: 4/28/2003 11:23:54 PM EDT
Ok, a few things to think about. Keep in mind I am not a lawyer though....

1.Where was the car when it was towed? If it was on your property or a friends property (who allows you to have firearms on hi/her property} you broke no laws with having a firearm in the car loaded.

2. My mother had a handgun taken away from her once a year later after the person who took it trail was over, the MDSP called her to tell her she could come pick up the gun, even though they could have filed charges against her for leaving it loaded and un occupied. They didnt even seem to care.

3. CALL THE MDSP and try to get your gun back! Would you rather try to get it back and at least know they have it, or never know who has YOUR gun in their hands?

4. I really doubt if you did break any MD laws, that if after 2 1/2 years the SA hasnt issued a warrant for you, they wouldn't do it now. I mean you didn't do a drive by shooting or anything.

Just my .02
Link Posted: 4/29/2003 3:45:27 AM EDT
Z ...I don't think I was clear in the initial story, the police have the pistol, they took it when they impounded the car. It's the Montgomery County police, not the MDSP ...though I don't think that makes a difference.

Ric ...my car was towed from the Shady Grove Metro parking lot.

I thought is was illegal to transport a loaded firearm in your car in MD?
Link Posted: 4/29/2003 3:52:04 AM EDT
Most police departments won't tow cars off of private property unless it is stolen or something major in which case you would know.

I am surprised that they would auction the car after two weeks. I thought they had to wait thirty days and then send salvage documentation stating that they were taking title to the vehicle if not claimed within a certain period of time.

As far as the gun. I am not sure I would be to enthusiastic about it. Maryland is very serious about prosecuting gun crimes and if that car was in public property,you could have a problem if you go to claim the gun basically admitting that you had an illegal weapon in the car. You may be in luck if there is a statute of limitations and they couldn't prosecute you after two years but I'm not sure.

Others may tempt fate here in MD with their guns but I would walk straight and narrow here.
Link Posted: 4/29/2003 5:04:08 AM EDT

Originally Posted By Cerebus:
I thought is was illegal to transport a loaded firearm in your car in MD?



It is...big time!!!
Link Posted: 4/29/2003 6:11:55 AM EDT

Originally Posted By BBQMAN:

Originally Posted By Cerebus:
I thought is was illegal to transport a loaded firearm in your car in MD?



It is...big time!!!



That's what I thought.

So I'm probably better off letting them keep the gun, than I am asking for it back and running the risk of getting files charged against me.
Link Posted: 4/29/2003 7:11:23 AM EDT
Actually, a lot of people don't know this, in MD a loaded magazine is considered a loaded firearm as well.
Link Posted: 4/29/2003 8:29:24 AM EDT

Originally Posted By Cerebus:
So I'm probably better off letting them keep the gun, than I am asking for it back and running the risk of getting files charged against me.



Yep - be thankful that being in such a liberal anti-gun county they didn't prosecute you as an 'example'.

Since the firearm was illegally stowed they have the right to confiscate it as 'contraband'. Yeah it sucks - but it beats staying in prison and/or losing your rights to own firearms.

BTW Welcome to Maryland - home of the serfs...
Link Posted: 4/29/2003 10:04:32 AM EDT
Yes, it is illegal to transport a handgun in MD, that is why I was asking if it was on private property.

That way you weren't technically transporting it because you were already at your destination. And The transport law would be bunk since that only applies to public roads and the like.

Do you know for sure that the MDSP has your gun? You never know if the two truck guy or someone else who process cars when they are impounded didnt find himself a new toy....your toy.
Link Posted: 4/29/2003 10:41:14 AM EDT

Originally Posted By M4_Aiming_at_U:
Do you know for sure that the MDSP has your gun?



The last I was aware, the Montgomery County Police had the pistol. If they never destroyed it, they should have it in evidence.

That's another thing that bugs me. You hear stories every now and then about crimes being commited with weapons that were supposed to be destroyed. What happens if the same thing happens to mine? I personally have no record the weapon ever left my possession. The closest thing would be my copy of the stolen car report where I informed them the pistol was in the car ...and that report is long gone.
Link Posted: 5/12/2003 9:36:58 PM EDT
This story worries me. I recently had all my guns stolen and the detective I talked to told me about a car that was stolen down the street from me(probably the same guy(s) that stole my wifes car a few weeks ago) and the car had the owners pistol in it. The detective talked pretty tough about prosecuting the car owner. He didn't have jack shit to say about the car thief that has been plagueing this area though. It's easier to prosecute law abiding citizens. He also talked about prosecuting the FFL that sold me my H&K USP 45. Evidently he didn't transfer the gun to my name. All the wrong people seem to be getting prosecuted. I hope you make out OK. I live in Silver Spring if you ever need anything.
Good Luck
Link Posted: 5/12/2003 10:12:02 PM EDT
[Last Edit: 5/12/2003 10:14:18 PM EDT by M4_Aiming_at_U]
2IDdoc,


How are things going? You have been MIA here since your awful break in. Have you found a new place yet? You should come with us this friday to Baltimore and let us buy you a drink!

If you want to meet me in Annapolis and I can drive the rest I can do that. Just LMK!
Link Posted: 5/13/2003 1:17:13 AM EDT

Originally Posted By 2IDdoc:
This story worries me. I recently had all my guns stolen and the detective I talked to told me about a car that was stolen down the street from me(probably the same guy(s) that stole my wifes car a few weeks ago) and the car had the owners pistol in it. The detective talked pretty tough about prosecuting the car owner. He didn't have jack shit to say about the car thief that has been plagueing this area though. It's easier to prosecute law abiding citizens. He also talked about prosecuting the FFL that sold me my H&K USP 45. Evidently he didn't transfer the gun to my name. All the wrong people seem to be getting prosecuted. I hope you make out OK. I live in Silver Spring if you ever need anything.
Good Luck



2IDdoc, sorry to hear about your guns and your wife's car. I think it's pretty pathetic that the police were harrassing you when you were the victim.
Top Top