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This may be the wrong forum, if so please feel free to move it where it belongs.

I found a holstered gun lying in the street in North Richland Hills, TX. The position of the gun, and the condition, made it pretty obvious to me that someone had put the gun on the top of their vehicle, driven off, and when they turned the corner off Hewitt onto Cortland, the gun fell off.

My reason for posting this is two fold:

1) If you think the gun is yours (I won't identify make and caliber, I'll let you do that), please call the North Richland Hills Police Department. Sorry I didn't think of posting here first. I really considered holding it to see if I could find find the owner, but decided the chances of doing so were slim, and the repercussions on the off-chance that there were "problems" with the gun were too great, so I turned it in to the NRH PD. Sorry for the embarassment it will cause you if it's yours.
2) I would like some opinions (especially from Mr Cotton) on the disposition of the gun if it's not claimed. Should I be entitled to request the PD give me the gun if it's not claimed within 30 days, like most property? Obviously, if it's been involved in a crime that would not be the case, but if it's "clean" and goes unclaimed, shouldn't it be mine?

ScooterSissy wrote:This may be the wrong forum, if so please feel free to move it where it belongs.

I found a holstered gun lying in the street in North Richland Hills, TX. The position of the gun, and the condition, made it pretty obvious to me that someone had put the gun on the top of their vehicle, driven off, and when they turned the corner off Hewitt onto Cortland, the gun fell off.

My reason for posting this is two fold:

1) If you think the gun is yours (I won't identify make and caliber, I'll let you do that), please call the North Richland Hills Police Department. Sorry I didn't think of posting here first. I really considered holding it to see if I could find find the owner, but decided the chances of doing so were slim, and the repercussions on the off-chance that there were "problems" with the gun were too great, so I turned it in to the NRH PD. Sorry for the embarassment it will cause you if it's yours.
2) I would like some opinions (especially from Mr Cotton) on the disposition of the gun if it's not claimed. Should I be entitled to request the PD give me the gun if it's not claimed within 30 days, like most property? Obviously, if it's been involved in a crime that would not be the case, but if it's "clean" and goes unclaimed, shouldn't it be mine?

Interesting post. I applaud your honesty turning it in to the police.

IANAL, but my opinion is that if it is not claimed it "should" belong to you if you make a claim. I really don't think that the NRHPD will return it to you. If it were some other item such as jewelry, cash, tools, they probably would give it to you. I just can't see them handing over a firearm. Good Luck!

WildBill wrote:Interesting post. I applaud your honesty turning it in to the police.

IANAL, but my opinion is that if it is not claimed it "should" belong to you if you make a claim. I really don't think that the NRHPD will return it to you. If it were some other item such as jewelry, cash, tools, they probably would give it to you. I just can't see them handing over a firearm. Good Luck!

I wish I could say it was 100% honesty involved, but I've always said that my level of "honesty" is probably increased a lot by my level of paranoia. I'm always afraid I'll get caught. Two thoughts entered my mind 1)What if it was used in a crime, and 2)What if the owner reports it stolen. I didn't see much point in owning a gun I'd be afraid to carry, or even have it found in my home. Plus, it really wasn't mine...

My thoughts were much the same as yours, that I "should" be able to keep it if it goes unclaimed, but I probably won't. Which begs the question - why not? I'm have a CHL. I can walk into any gun store and legally buy the same weapon. Why should claiming a weapon be any different than jewelry, cash, or tools?

I would think the PD has already run the gun to see if it's stolen or evidence. If it's clean, I'd file a claim. If they refuse to take the claim, file a complaint with their Internal Affairs and with the Attorney General's office.

Could be worthwhile....

ScooterSissy wrote:My thoughts were much the same as yours, that I "should" be able to keep it if it goes unclaimed, but I probably won't. Which begs the question - why not? I'm have a CHL. I can walk into any gun store and legally buy the same weapon. Why should claiming a weapon be any different than jewelry, cash, or tools?

"It shouldn't be". Maybe not so much in Texas, but some law enforcement think that it's just another gun "taken off the street" and out of the hands of criminals or citizens.

I have read stories [a couple on this forum] about weapons not being returned to their rightful owners after they were taken from owners for "safe keeping" or "evidence". Many are not returned, even with a lawyer getting involved.

We shall see what happens. Again, I wish you good luck.

I hope you got a receipt.

It's a good thing it wasn't one of those "evil" black guns out there all by itself. Someone could have gotten hurt.

On a serious note this was an extremely careless act that could have turned out very badly if a kid found that loaded firearm. I assume it was loaded and ready to go since not many people carry unloaded holstered firearms. Barney Fife excluded.

Maybe the owner shouldn't get the handgun back if he's going to treat them with reckless abandon...

I'm glad you found it before a kid found it otherwise we could be commenting in a much different post right now. Awesome timing to you Sir!

Stupid act by whoever did it. I'd keep the gun as a range toy after making sure it wasn't stolen.

Picture a commercial:

When you have the attitude that what you find in the street is yours to keep, and you drive down the street and see a gun, you pick it up keep it. When you take an unknown gun home, the police may find it during an unannounced raid where they hit the wrong house. When the police raid your house and you have an unknown gun, you go to jail for being in possession of a stolen gun. When you go to jail and you're 57 years old and out of shape, but still a ruggedly handsom guy, some younger tougher guy named "Bubba" wants you to be his new "friend".

Don't be Bubba's new friend.

Yep, that's the way my luck runs.

AndyC wrote:Perhaps you might post something similar in the Lost/Found section of Craigslist?

I would as soon toss the gun in the trash rather than place an ad on Craigslist.

Can you imagine the strange calls you would get for a found gun?

Actually, I did go ahead and place the ad. My wife and kids thought it was hilarious.

http://dallas.craigslist.org/mdf/laf/4365873965.html" onclick="window.open(this.href);return false;

No number posted for them to contact me, and I'm pretty good at setting up rules in my email to filter out junk, so I don't think I'll have a problem. The city might get a few calls though.

I'd really hate to have go to the PD and ask for them to return my lost gun to me.

AndyC wrote:

WildBill wrote:

AndyC wrote:Perhaps you might post something similar in the Lost/Found section of Craigslist?

I would as soon toss the gun in the trash rather than place an ad on Craigslist.

Can you imagine the strange calls you would get for a found gun?

I would have thought that it would be pretty darned obvious that one would NOT give out one's phone number - simply a description of the item found and where to physically go to attempt to claim it.

Maybe pretty darn obvious to a clear thinking individual. Sorry Andy, no offence intended.

Finding an holstered handgun in the street would certainly present a serious set of questions for the Oldgringo. I don't know what I'd do but, I suspect giving it to the police would not be at, or near, the top of my list of possible solutions.....unless it was a Glock.

Oldgringo wrote:Finding an holstered handgun in the street would certainly present a serious set of questions for the Oldgringo. I don't know what I'd do but, I suspect giving it to the police would not be at, or near, the top of my list of possible solutions.....unless it was a Glock.

In retrospect, I think what I should have done is called the NRH police department, and reported I found it, along with the serial number (I've read up a little on Texas Unclaimed Property laws), then locked it in my safe. Unfortunantly, it's too late for that now. I'm now better informed, and better prepared, since things like this happen so often...

It's funny you mentioned that about a Glock. I thought it looked like a Glock 27 (in the holster), and when I slid it out and saw that it wasn't, I thought "OK, guess I may as well turn it in, since it's not a Glock". :) Different strokes for different folks ;)