Possession Of A Stolen Firearm: What You Need To Know

Getting caught with a stolen gun is serious business. Section 922(j) of Title 18 makes it a federal crime to possess a firearm that you know or have reasonable cause to believe is stolen. This law can lead to up to 10 years in prison and serious fines if you’re convicted. Let’s break it down so you understand what’s legal and illegal when it comes to owning guns.

First, what exactly does the law say? Well, 18 USC 922(j) states: “It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, which is moving as, which is a part of, which constitutes, or which has been shipped or transported in, interstate or foreign commerce, either before or after it was stolen, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.”

That’s a mouthful, but essentially it boils down to – don’t have a stolen gun that’s crossed state lines or you could be looking at a decade behind bars!

Now, how would the cops even know your gun is stolen? Well, all firearms have serial numbers, and those numbers are logged in databases. So if a gun gets reported stolen and then turns up in your possession, you better have a darn good explanation for how it got there. The onus is on you to prove you didn’t know it was stolen.

And “reasonable cause to believe” the gun was stolen sets a pretty low bar for prosecution. Like, if your buddy sold you a Glock for $100 out of his trunk, that alone would give you reasonable cause to think something fishy was going on, ya know?

So what happens if you do get popped for possession of a stolen firearm? Well, first time offenders are looking at 0-10 years in federal prison and fines up to $250,000. And if that stolen gun was used in a violent crime, you could face even more charges. Not pretty.

Some key defenses:

• You legitimately did not know the gun was stolen. Like if you bought it at a gun show or pawn shop and had no reason to suspect it was illegally obtained.
• The gun never crossed state lines after being stolen, so federal law may not apply. This is tricky though, and you’d need an attorney to sort through the nuances.
• You qualify for an “innocent owner” defense. Like if someone else (a spouse or roommate) brought the stolen gun into your home without your knowledge.

Moral of the story – be super diligent about where you get your firearms! Only buy from reputable dealers, get documentation of the sale, and be very wary of deals that seem too good to be true. And do your research on the seller too – don’t take any chances.

Getting tied up in a stolen gun case can ruin your life real quick. We all want to exercise our 2nd Amendment rights, but we gotta be smart and know the laws too. Stay informed, be responsible, and keep your nose clean. We’ll all sleep better at night.

Let me know if you have any other legal questions! I know this stuff can be confusing but I’m happy to break it down in simple terms. Stay safe out there!