Another double standard between LE and mere civilians

Lt. ZO6

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So if a civilian left a firearm on top of his/her car, drove away and many hours later discovered it missing, you don't think anything would happen from a legal perspective? Just chalk it up as being an error? Hope it turns up?

I'd expect one to be knee deep in feces and rightfully so.

Barney Fife should be looking for a new line of employment if you ask me.

What crime is being broken if a civilian accidentally loses his/her firearm...

Mind you, we are talking criminal process, not civil. That's a whole different ballgame if gross negligence is proved and the weapon is used to hurt/kill someone.
 

Tezz500

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What crime is being broken if a civilian accidentally loses his/her firearm...

Mind you, we are talking criminal process, not civil. That's a whole different ballgame if gross negligence is proved and the weapon is used to hurt/kill someone.

Crime in Delaware if not reported with in 7 days.
 

Tezz500

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I don't see the double standard, but this has happened before:

2015452381.jpg


Seattle police 'embarrassed' by rifle left unattended on cruiser

its-a-trap_o_491986.jpg
 

bnd3672

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I'm thinking the double standard the OP was getting at was the ability to possess a SBR (without all of the paperwork/hassle).

Evidenced by:

The Bureau of Alcohol, Tobacco, Firearms and Explosives classifies the rifle as a “Short Barreled Rifle.”

Police warn there are severe penalties for possessing this weapon without the express approval of BATFE.

The rifle also has the lower receiver stamped with “Restricted Government/Law Enforcement/Export Use Only”.
 
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Lt. ZO6

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I'm thinking the double standard the OP was getting at was the ability to possess a SBR (without all of the paperwork/hassle).

Evidenced by:

Police departments have to submit the same paperwork before purchasing. Still not seeing the double standard.
 

Tezz500

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Serious question: If a LEO fails to report the loss of a firearm within the same 7 days, can they be charged under the same law?

Good question. I didn't see any exceptions. When I get home I'll look at the paperwork. I'm too lazy to web search it.
 
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2000gt4.6

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I'm not seeing this as a double standard, as he is using it as a tool and shit happens on the job.

What would happen though of a civvy looses control of his/her SBR? Kinda interested to know since I have one.
 

Black02GT

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I wouldn't say double standard, but illegal or not that's pretty sloppy and a little dangerous. I would like to think officers are paying a little more attention with that kind of stuff.

Personally I feel that should be noted somewhere and maybe a fine or something.

Someone compared it to loosing a tool which is a little silly considering what the tool wasin this case. Still many jobs if you lose company property, especially something valuable you may be reprimanded.

Edit: PS I don't believe any state has consequences for losing a fire arm if you report it. This is because pepole would be less likely to report it and you want people to report. On the other hand if a crime is committed with it BEFORE you report it bad news.
 
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Tezz500

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Regardless if this is criminal or not... As a Former Marine I can't even imagine the amount of shit you'd be in for something like this.... I wouldn't want to find out either. Misplacing your weapon is like... Wow... Forget it. Moving on.
 

Junior00

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We aren't talking about failing to report, we are talking about the act of losing.

There are 28 states with laws on the books for negligently storing a fiream, most in regards to access by a minor by there are several VERY liberal states that can and will charge you just for negligent storage, regardless of the minor access issue. If there is a crime committed with the aforementioned weapon, it only gets worse.

While they may vary from state to state, you can bet your ass some over zealous DA is going to try and string you or I up if we left a weapon, especially a loaded NFA regulated weapon, on the trunk of our care whether unintentional or not. Regarding the double standard, an officer is and should be held to a higher standard with the proper handling of weapons as it's part of their duty, and that therein is negligence on his/her part in failure to do so. In the 15 years I've been carrying a weapon on me daily, I've yet to forget or accidentally misplace my weapon and lord help me if I ever did so, especially if it was used to harm someone.
 

Lt. ZO6

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There are 28 states with laws on the books for negligently storing a fiream, most in regards to access by a minor by there are several VERY liberal states that can and will charge you just for negligent storage, regardless of the minor access issue. If there is a crime committed with the aforementioned weapon, it only gets worse.

I understand there are laws in regards to the improper storage of firearms. That is not the issue being discussed here.

While they may vary from state to state, you can bet your ass some over zealous DA is going to try and string you or I up if we left a weapon, especially a loaded NFA regulated weapon, on the trunk of our care whether unintentional or not.

Please cite the statute which the person would be charged with? A prosecuting attorney cannot just arbitrarily charge an individual without a statutory violation.

Regarding the double standard, an officer is and should be held to a higher standard with the proper handling of weapons as it's part of their duty, and that therein is negligence on his/her part in failure to do so.

Show where the officer in question received less or worse punishment that a non-LEO would have received...

In the 15 years I've been carrying a weapon on me daily, I've yet to forget or accidentally misplace my weapon and lord help me if I ever did so, especially if it was used to harm someone.

I am fairly certain the vast majority of law enforcement officers can make the same claim as well.
 

Machdup1

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Regardless if this is criminal or not... As a Former Marine I can't even imagine the amount of shit you'd be in for something like this.... I wouldn't want to find out either. Misplacing your weapon is like... Wow... Forget it. Moving on.

Saw that happen at an airport. A group of guys rotating back had their weapons cases coming in to the baggage carousel. They finished collecting, loaded up their waiting vans and left. Then one more weapons case came up and nobody claimed it. That had to be a rough day for someone.
 

Niks97cobra

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A legally owned gun being lost or misplaced, no matter who it is by, civilian, leo or military, should be a huge deal. I would say the consequences for an leo for losing a gun like that should, at the very least, be a suspension without pay. Mistakes happen, but with weapons like that? Its not a circular saw. I am all for gun rights, but seriously, what if some kid had found that bag or worse some thug with a vendetta against his high school?
 

Niks97cobra

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I understand there are laws in regards to the improper storage of firearms. That is not the issue being discussed here.

Just curious, but how is that not the issue being discussed here? He did not properly store his firearm where it needed to be, which was in the trunk of his police car, not on the trunk of his police car. I don't see your argument. He 100% improperly stored his firearm.
 

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