Legal Question in Criminal Law in Florida
arested for having a stolen hangun i bought it from a well known dealer
my question is , am i at fualt? not knowing this brannew gun was stolen? and will i ever get my weapon back?
3 Answers from Attorneys
Re: arested for having a stolen hangun i bought it from a well known dealer
Well the question then becomes: who is this dealer? Was the gun sold to you at a gun store? Was the proper paperwork filled out? And did you know or should you have known that the sale of that particular gun was illegal? If we can show that in your mind that the sale was legitimate, then the chances of winning the case are good. As for getting the weapon back, if you never had a legal right to it then the court may be hesitant to give it back, but you can have a hearing to try. What can also be done is to sue the dealer who knowingly sold you the gun improperly. You can call or email me; I would like to hear more facts of this case. All My Best, Joe Vredevelt 305.670.3119.
Re: arested for having a stolen hangun i bought it from a well known dealer
The answers to your questions will depend upon a lot of case specific facts as discussed in the first answer. If you live in the Tampa Bay area and are interested in a FREE consultation to discuss your case (in person or by phone), please contact my law office and I would be more than happy to discuss this with you.
Re: arested for having a stolen hangun i bought it from a well known dealer
Whether you committed a crime or not depends on many factors. However, to be guilty of a crime, you need to have not just committed an illegal act, but also have a "mens rea" or a guilty mind. In other words, you have to know what you were doing was a crime.
If you are a bona fide purchaser of a gun, and didnt know the gun was stolen, you are not guilty of a crime. As for getting the gun back, I would not count on that. You are likely simply out the money.
Of course, that does not mean you do not need to vigorously defend yourself from possible charges. I would be interested in hearing more facts. If you would like to discuss the case, please contact me at your convenience.
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