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My boyfriend has a gun that he got as a gift from his brother in Mississippi years ago that he keeps in our 1st story apartment for protection. We came home tonight to find the gun taken from our drawer, back porch door smashed, and front door left un-locked. The gun was never registered in my boyfriend's name, nor has he ever purchased a gun before. Before we make a police report, we just want to make sure what the laws are here in Texas for something like this, and whether or not making the police report will bode well for us. We also have an idea of who took the gun. Any help would be greatly appreciated.

There is no requirement to register a gun in Texas. You need to immediately call the police.

Hopefully you have the gun's serial number to give to the police.

That way if the thieves don't deface the serial number, the police will be
able to know it was the particular gun in question, if it ever crosses their path.

Good luck with that.

SIA

Selcouth wrote:There is no requirement to register a gun in Texas. You need to immediately call the police.

There is no requirement, nor method, to register a gun with the "authorities" in Texas. It's just another piece of personal property in your boyfriend's case. Also, if it IS used in a crime after being stolen, your boyfriend is not responsible for that crime (that's often the other thing people worry about).

If your boyfriend lived in Texas when his Mississippi-resident brother "gave" him the gun, then they just committed a federal felony when they transferred a firearm across state lines between two people that do not have a federal firearms dealer license.

I would be very careful about making a statement on a police report that can be used as evidence of my own felony.

In fact, if that was my circumstance, I wouldn't mention the gun at all.

On the other hand, if they both lived in Mississippi when one brother gave the gun to the other, then that is perfectly legal. It was then legal for your boyfriend to bring the gun with him when he moved to Texas. If that is the case, then definitely I would report the theft to the police, including the serial number of the gun.

Jumping Frog wrote:If your boyfriend lived in Texas when his Mississippi-resident brother "gave" him the gun, then they just committed a federal felony when they transferred a firearm across state lines between two people that do not have a federal firearms dealer license.

I would be very careful about making a statement on a police report that can be used as evidence of my own felony.

In fact, if that was my circumstance, I wouldn't mention the gun at all.

On the other hand, if they both lived in Mississippi when one brother gave the gun to the other, then that is perfectly legal. It was then legal for your boyfriend to bring the gun with him when he moved to Texas. If that is the case, then definitely I would report the theft to the police, including the serial number of the gun.

I think it needs to be reported along with your suspicions as to who took it and why. You don't need to go into the deep detail about who bought it, where, given as a gift etc. unless asked.

Just my opinion.

healthinsp wrote:I think it needs to be reported along with your suspicions as to who took it and why. You don't need to go into the deep detail about who bought it, where, given as a gift etc. unless asked.

Just my opinion.

The report should be given ASAP.

WildBill wrote:

healthinsp wrote:I think it needs to be reported along with your suspicions as to who took it and why. You don't need to go into the deep detail about who bought it, where, given as a gift etc. unless asked.

Just my opinion.

The report should be given ASAP.

You are both welcome to your opinions, of course.

For me? I would never knowingly create paper trail that could implicate myself in a felony, risking 10 years in prison, no matter how remote the probability that I would "get caught".

Take this thought further. The only reason to report the serial number to the police is in the remote chance that the gun is actually recovered. Now someone recovers the gun. A trace could show original purchase in one state by a person, and a stolen gun report in a different state by a different person with the same last name. Why would I want to create even the most remote possibility that this could come back to bite me?

Jumping Frog wrote:

WildBill wrote:

healthinsp wrote:I think it needs to be reported along with your suspicions as to who took it and why. You don't need to go into the deep detail about who bought it, where, given as a gift etc. unless asked.

Just my opinion.

The report should be given ASAP.

You are both welcome to your opinions, of course.

For me? I would never knowingly create paper trail that could implicate myself in a felony, risking 10 years in prison, no matter how remote the probability that I would "get caught".

Take this thought further. The only reason to report the serial number to the police is in the remote chance that the gun is actually recovered. Now someone recovers the gun. A trace could show original purchase in one state by a person, and a stolen gun report in a different state by a different person with the same last name. Why would I want to create even the most remote possibility that this could come back to bite me?

If the OP reports the burglary and serial number and the identity of the suspected burglar, he would be less likely to be implicated in a crime involving the gun.

Just file the report.

Jumping Frog wrote:On the other hand, if they both lived in Mississippi when one brother gave the gun to the other, then that is perfectly legal. It was then legal for your boyfriend to bring the gun with him when he moved to Texas. If that is the case, then definitely I would report the theft to the police, including the serial number of the gun.

Unless the boyfriend is a convicted felon and can't legally possess a firearm.

FML wrote:

Jumping Frog wrote:On the other hand, if they both lived in Mississippi when one brother gave the gun to the other, then that is perfectly legal. It was then legal for your boyfriend to bring the gun with him when he moved to Texas. If that is the case, then definitely I would report the theft to the police, including the serial number of the gun.

Unless the boyfriend is a convicted felon and can't legally possess a firearm.

I hadn't really thought about that scenario. If this is the case, I don't understand the purpose of the original post.
I think that more details are needed.

First, the theft of the gun needs to be reported.

Second, the cops most probably won't ask where you got the gun.

Third, most advise on the internet is worth what you paid for itl

You can say that again!