Firearm borrowed by friend & he sold it!

[cjnowell72]

Sounds like him and the cousin need an ass whoopin

 

[ADAduckhuntr]

 

[CQB27]

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.

Well that deputy is being a little lazy. He at least should take your information and file a report of your complaint. Immediately arrest the man you say sold your rifle.....no way in hell I would do that based on your word only absent some other type evidence. You see what is needed to arrest him, despite all the emotional judgement here, is probable cause that he committed a crime. Your side of the story only where a rifle and money exchanged hands without any documentation of the agreed terms falls way short of probable cause.

A report should be taken by the deputy documenting your side of the story. The report and matter turned over to an investigator, who then would attempt to make contact with your “friend”. If your “friend” hasn’t read the “never talk to the police” thread on the ODT and agrees to talk THEN confirms everything you have said he could be arrested on the spot and the investigator will follow up getting the warrant.

More than likely, like 99% likely, the “friend” in not even going to speak to the investigator about it or if he does decide to talk he will tell a much different story. Probably something along the lines of a private purchase of a rifle or you defaulting on a loan. If any of the above happens no arrest is going to be made because of that pesky probable cause thing. The investigator then would advise you of your right to go before the magistrate judge and seek a warrant on your own. But the chances of a magistrate doing that based on the story you have told would be nil.

The reason I said the deputy is being “a little lazy” is this type of transaction occurres all the time and when it goes south people turn to law enforcement to sort it out; expecting that their side of the story is enough to get satisfaction. In cases like this one side is never enough and the likelihood that the thieving guilty party, if there is one, is going to be truthful is about 1%. So he knows there is very little to no chance of something happening that would lead to an arrest. Reality is clouding his work ethic. It’s 100% wrong, but understandable.

My ODT advice is to consider the whole thing a valuable learning experience, worth every penny lost, and move on. Even if you somehow get legal satisfaction in the end, the time and effort to get there will likely far exceed the value of the rifle. As always, YMMV.

 

[Grdbreaker]

Sounds like him and the cousin need an ass whoopin

He just needs love and understanding

 

[BIKER13]

Had a friend from the 50's, grew up together dropped that SOB like a bad habit over money.

 

[timbgtm]

First off I wouldn't even use the word "friend" when referring to the guy. Believe me when I say I know who my friends are, and they're few and far between. And for starters I would go straight to the police and file charges, police seem to go the extra mile to catch thieves involved in gun crimes.

 

[mfoster]

In the old days we just thru a good ole ass whooping and call it a day.

 

[Grdbreaker]

Had a friend from the 50's, grew up together dropped that SOB like a bad habit over money.

UR just a big ol'meany.

 

[CQB27]

you can however go buy another subpar rifle (or take this opportunity to upgrade to a WASR) and take it as a lesson learned.

Savage....

 

[littleitaly]

You and your ex-friend don't seem to be very smart with your money