Firearm borrowed by friend & he sold it!

[Badger]

16-8-4 Ga. Criminal Code Theft by Conversion

 

[GeauxLSU]

I was in the city and happened to see a cop so I explained my problem and ask for his advice. He said I should report it as a theft and that when they went to his house, be might decide to get the rifle rather than go to jail.
I called the Sheriff's department and ask to speak to a patrolman. I got the call from a Sargent and he said since it was a verbal agreement between friends that it was a civil action and that was my only recourse. I ask about the theft charge, he said I gave him the rifle, that isn't a theft.

I believe that patrolman is incorrect? Theft by conversion not theft by taking.

 

[Grdbreaker]

Which one ? The friend or the poster ?,

BOTH

 

[Grdbreaker]

Report it stolen and tell the cops he was the last one seen with it?

I'd make sure to get all this communication documented verbally or by email. You could sue him in small claims court, but if he denies ever having it, who knows?

Truthfully it's likely more trouble than it's worth for a $600 +/- rifle that's easily replaced. I've learned not to loan out anything I expected to get back or couldn't live without.

I'd try to reconnect with the friend and don't worry about the rifle, that's a hell of a long friendship to lose over $600 imo.

# DOORMAT

 

[GeauxLSU]

I'd try to reconnect with the friend and don't worry about the rifle, that's a hell of a long friendship to lose over $600 imo.

He didn't lose a friendship. He lost an acquaintance. A very undesirable thieving acquaintance.

 

[Radar363]

Is any of this in writing?
Playing Devils Advocate here-
The 'friend' can always say that you sold him the rifle; after all, if you repaid the loan why didn't he return it at that time?

 

[MRH]

Truthfully it's likely more trouble than it's worth for a $600 +/- rifle that's easily replaced. I've learned not to loan out anything I expected to get back or couldn't live without.

My 95 year old grandmother told me when I was young to never let someone borrow anything if I wasn't willing to let them have it. This has always held to be 100% truth, and I have never been hurt or disappointed by anyone borrowing something from me, whether money or property.

 

[Necrosis]

# DOORMAT

OP says that this guy has been his friend for 40 years...maybe his friend screwed up, made a mistake, their conversation got heated and hurtful things were said (on one or both sides). Anyone here ever make a mistake? I have.

The point is you can't just go out and find another friend of 40 years, you can however go buy another subpar rifle (or take this opportunity to upgrade to a WASR) and take it as a lesson learned.

 

[Clarke123]

Hey, this is a bad situation ... YES!
However, it could be worse: he could have borrowed your car/truck, totaled it and seriously injured others ...
Who do you think is going to be sued for everything they are worth, as well as having responsibility for replacing your vehicle?

 

[TresMonos]

his Fender and Gibson guitars.

Take both guitars in trade?