What charges can be expected?

Discussion in 'Off-topic' started by Darklock, Oct 5, 2020.

  1. jrm

    jrm Sledgehammer

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    This strikes me as the right answer to the wrong question.

    If you go out to the Dog N Suds and valet your car, and while you're enjoying your dog and your suds, some third party steals your car, do you worry about whether the thief stole your car from the DNS? No! You worry that the thief stole your car from you! So who cares if the SIL cannot legally steal from the daughter as a matter of criminal law? He stole your gun from you, period. Report it stolen and report who you think the thief is.

    I'm not sure I see an added benefit of suing. It will cost a lot more than the value of the gun, which is what your damages are, and if you know the SN on property that was stolen and who stole it, the police should not have much trouble finding it. But if you do sue, in GA you have to sue the defendant in the county where he resides.
     
  2. Phil1979

    Phil1979 Member Georgia Carry

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    To save time, also report it to the ATF. The police may take their time passing it along.
     

  3. Darklock

    Darklock Active Member

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    Thank you for the replies
     
  4. GM404

    GM404 Well-Known Member

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    So you think that the lending the gun is a bailor/bailee issue like the car wash scenario is? I don't quite agree but I'm not barred in Georgia...so ignore me. :)
     
  5. jrm

    jrm Sledgehammer

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    A bailment and a gratuitous loan are similar in GA law, so I just used the bailment as an example that everyone would be familiar with. Bailments are in OCGA 44-12-40 and gratuitous loans are in 44-12-111. Case law on one often talks about the other, so it's hard to say there is no overlap. In the case of the loan of the gun to the daughter, it seems like it could be both a bailment and a gratuitous loan. In the case of a gratuitous loan, the property must be returned at the demand of the loaner, and in the case of a bailment, if there is no contractual provision to the contrary, the property must be returned at the demand of the bailor. And any action taken by the loanee/bailee that is inconsistent with the loaner's/bailor's property ownership would be an illegal conversion.

    So, if the SIL was a loanee/bailee, a demand can/should be made upon him by the OP. If the SIL was not a loanee/bailee, then he already has taken and carried away the property, which is theft on its own.

    Either way, I don't think there's any particular reason for the daughter to demand the property back. A co-bailee has no particular rights against a co-bailee, and a bailee need not demand return of property from a thief.
     
    GM404 likes this.
  6. phantoms

    phantoms Senior Mumbler

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    Darklock, have you simply asked the SIL for the gun back?

    If you haven't, I think that's where it should start and then worry about laws/etc. if he doesn't return it.
     
  7. Darklock

    Darklock Active Member

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    He denies taking it. Of course, he was the only one in the apartment all weekend.
     
  8. phantoms

    phantoms Senior Mumbler

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    If your daughter doesn't have it and he denies having it, then report it stolen and let the police investigate it.
     
  9. legacy38

    legacy38 Well-Known Member

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    In GA, a civil case must be filed in the county of residence of the respondent. It does not matter where the precipitating incident took place.

    Under 16-8-1 O.C.G.A.:

    The key element is going to be proving that the SIL knew that the firearm belonged to the FIL and not the wife. Without said proof, there is no basis for a criminal charge.
     
  10. Darklock

    Darklock Active Member

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    I did report it to Alpharetta PD. I have heard nothing back from them. Of course SIL denies taking it, so unless it shows up somewhere, I assume it is at a dead end.
    A civil case would not be worth my money for an M&P 9.
     
  11. Darklock

    Darklock Active Member

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    Guess what miraculously showed back up. SIL has been served with TPO and moved to S. Carolina.
    Now trying to cancel the stolen property report. I was not given an incident number. When I talked to the operator at Alpharetta's dispatch, they could not locate an incident # either. She said that either her or the cop I talked to would get in touch with me. No idea what he did with the info.
     
  12. Darklock

    Darklock Active Member

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    I finally talked to an officer today. It appears that no report has been filed yet. It has been two weeks since I made the report. Pistol has not been listed as stolen. How long do the police wait to file their reports? Before I retired from the FD our butts got chewed if we did not get reports done before end of shift.
     
  13. HJB

    HJB Active Member

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    If it has been 2 weeks, then I would bet he has no intention of filing a report. In every department that I am aware of, you don't go home until the paperwork is done....every day.

    Two weeks ! Sumthin' stanks !
     
    Last edited: Oct 22, 2020
    Darklock likes this.