Skip to main content

If someone lends you a gun, and once caught with it you are informed by the police that it is stolen. can info help?

Hutchinson, MN |

if someone lends you a gun and you are later told it was stolen, if you are charged with it can it help you that you have proof someone else stole it without your knowledge and lent it to you? or doesn't it matter at all that you didn't steal it since you shouldn't have it anyway? it was borrowed for self protection if it matters.

+ Read More

Attorney answers 4

Best Answer
Posted

To more accurately answer your question it would help to know what you were charged with. If you are charged as a felon in possession then it doesn't matter if it was stolen or not. As an experienced criminal defense lawyer one thing that all felons know is that they cannot possess a firearm. If you are charged with concealing or receiving the gun as stolen property typically the government need only prove that you knew or should have known based on all of the circumstances that the item was stolen. Hope this helps.

Asker

Posted

was not actually charged at all for anything. that is the problem. was picked up with a firearm in a holster. no permit for the firearm, which it turns out was stolen by the friend who lent it out from their family. have texts from the person asking for the gun that they lent back. was asked to be a c.i. in return for no legal action. was never actually booked.. now unsure of wanting to proceed as the individuals involved are dangerous and we have a new baby so if they found out it might be worse than prison.

Asker

Posted

if no headway is made on the target the authority in question wants, or if i no longer think i should do this set up, i want to know what to expect. i was not charged at all so i have been unable to get any clear answers. one attorney over the phone said that they would have till early january to charge me/issue an arrest warrant as this situation occured in october.. then i looked online and was unsure.. have no previous convictions although i have a case pending. so no at the time i was caught with the gun i was not a felon.

Kevin D. Etherington

Kevin D. Etherington

Posted

Based upon my experience if the police asked you to be a CI in exchange for no charges didn't believe that they had enough evidence to prove that you knew or should have known that the gun was stolen. If you acted as CI you are still potentially a witness in any criminal case that may arise against the person you borrowed it from. There is not really much you can do if you are a witness to a crime. You can be compelled by a judge to testify. I don't think you should worry about getting any charges. Generally the statute of limitations on a crime such as this one is 3 years. If the police haven't charged you within 6 months or so, they probably won't.

Asker

Posted

I should probably clarify... the person they originally wanted me to do c.i. work on was not the person who gave me the gun.. it is the person i got the gun because of.. they want a controlled buy done on someone with serious connections.

Asker

Posted

and i have not yet completed the job.. thank you very much for your input btw. so basically they will probably just charge me with having a gun i had no permit for?

Asker

Posted

one last thing please, do you think that it would be considered a felony or a gross misdemeanor?

Kevin D. Etherington

Kevin D. Etherington

Posted

Ok, before you do any work for the police i would advise you to get the advise of a local attorney in your jurisdiction. You must understand that the police do not file charges. They present them to district attorney who makes the final decision as to whether a formal charge should be filed or not. The police will promise you anything they can to get whatever they can out of you and if they don't hold up their end of the bargain you have no redress. Hire an attorney to set up a cooperation agreement between you, the DA and the police so that if you work everyone is on the same page. Everyone involved knows what is expected. You may find that in fact the state's attorney never intended to charge you. Protect yourself. Don't be afraid to tell the police that you want your attorney involved. If they want you bad enough they will consent. If they don't then the attorney you have hired will know all of the facts before any case is filed and will be in better position to represent you.

Asker

Posted

thank you. i did not have an attorney present but we did sign a contract with the da at the time.

Kevin D. Etherington

Kevin D. Etherington

Posted

If you had a cooperation agreement then you are bound by the terms of that agreement. If you agreed to work in exchange for something that agreement is binding. If I understand you correctly you signed the agreement and now you are having second thoughts. I would still encourage you to obtain local counsel to assist you.

Posted

You can be charged with receiving stolen property if you are in possession of property that you knew was stolen. Having a statement from the person who have you the property may help your case, depending on the facts of your case. You should speak to a criminal defense attorney about the possible defenses in your case.

Posted

Whether those selected facts would provide a viable defense would in part depend upon the crime charged. If the crime was possession of stolen property, evidence that the accused did not know it was stolen, nor had reason to know, would be helpful for the defense.

Posted

It sounds like you may have some legitimate defenses; however, I would advise you not to speak with the police, or anyone else other than your attorney. Even if you are charged with a crime, this does not mean that there is enough evidence to convict you (probable cause for an arrest is a much lower standard than beyond a reasonable doubt for a conviction).

I hope you find this information helps.

Best of luck to you,

Andrew Leone
Leone Legal, PA
Chanhassen, MN

612-356-2529
leonelegal@gmail.com

www.LeoneLegal.com

Licensed to practice law in the states of Minnesota and Florida