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Thread: Ugh... K98 disappointment

  1. #11
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    Oh no!!!! Sorry this happened, that is too weird! I am glad I didnít buy this rifle when it first popped up on gunboards now. I bought one after the fact of this kind of situation, 5 digit dot
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  2. #12
    Senior Member Slingblade's Avatar
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    Quote Originally Posted by heavy_mech View Post
    That's literally retarded... but I'm also not surprised one bit. It's what they do.
    Yep, "we removed 1 more deadly weapon from the street"

    The owner of my local gun store had the same thing happen many years ago when he took in a Luger, ser # without the suffix came up stolen. Took a while but he got the gun back and was able to sell it, this was many years ago when things were a bit more sane even here in CA.
    "When you see that in order to produce you must obtain permission from people who produce nothing.
    When you see money flowing to those who deal not in goods but in favors,
    when you see men growing richer by graft and by pull than by work
    and your law don't protect you from them, but them from you;
    When you see corruption being rewarded and honesty becoming self-sacrifice you may know that your society is doomed."

  3. #13
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    It depends how it was listed on the original Police report as stolen. Often the owner/LE officer or clerk who enters the gun only goes by the serial number and no ID other than a Mauser rifle or if more detailed a K-98. The same happens with Lugers.
    Try to get a copy of the original police report, it's public record. Or ask the command officer of the records bureau or detective bureau that has the rifle if it was listed with a model description, example BYF 44 (etc) K-98 serial number with prefix or suffix.
    If it was reported as a Mauser rifle with serial number xxxx and nothing else, any Mauser rifle with the same serial number will come back as possibly stolen.
    Hope that helps. I've seen this type of thing happen time and time again and it's all because of lack of complete description and info.

  4. #14
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    Sounds like an Unconstitutional seizure of property without due process. Where is the appeal process?

    Federal law could pre-empt the locals? I would consider getting BATFE involved. Hambone and others here may have a more informed legal opinion but this smells.

  5. #15
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    Your first course of action is what I suggested. Ask the seller if he has any info on who he bought it from. If he does, supply it to the PD that has it. Most police departments I have dealt with, realize the value of a gun and will work with you. If the gun was put in LEIN as stolen, they have no recourse but to confiscate it. Chances are the previous owner of the Mauser that was stolen could only give the serial number as they remembered it and that's how it was entered into LEIN. Or, the guy sold you a gun that was stolen at one time.
    Another thing that happens is that a gun is stolen and reported. Later recovered and given back to the owner but some one forgot to take it out of LEIN.
    Exhaust everything with the local PD first and see what they will come up with if then ask ATF for their help.
    Last course of action would be to file a appeal with the judge of that jurisdiction to stop it's destruction.

  6. #16
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    Quote Originally Posted by moosedog View Post
    Your first course of action is what I suggested. Ask the seller if he has any info on who he bought it from. If he does, supply it to the PD that has it. Most police departments I have dealt with, realize the value of a gun and will work with you. If the gun was put in LEIN as stolen, they have no recourse but to confiscate it. Chances are the previous owner of the Mauser that was stolen could only give the serial number as they remembered it and that's how it was entered into LEIN. Or, the guy sold you a gun that was stolen at one time.
    Another thing that happens is that a gun is stolen and reported. Later recovered and given back to the owner but some one forgot to take it out of LEIN.
    Exhaust everything with the local PD first and see what they will come up with if then ask ATF for their help.
    Last course of action would be to file a appeal with the judge of that jurisdiction to stop it's destruction.
    The seller has been helpful so far. He has been attempting to contact the PD directly himself. We are both trying to express the need to include the letters In the serial number look up. Trying to get more information from the old police report from 1980 as well. Isnít easier either that it is from Florida as well.

  7. #17
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    Have to wonder how the stolen arms records ID this as a "K98"? 40 years ago, knowledge of Mausers, their nomenclature, and model type were far less informed than today. Maker code & date included with the stolen arms record?

    I assume a dot44 by the suffix, which by date, code, serial # is indicative of a single, unique rifle. There may be 1000's of other rifles that could be construed as a "k98" that have the same serial, sans the suffix. Kar98a, Kar98b, Kar98k, BannerK, Polish K98 et al.

    IMO the onus is on the G to prove it is stolen, or return the rifle to whomever owns it.

  8. #18
    I buy capture paper guns ugafx4's Avatar
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    Quote Originally Posted by heavy10 View Post
    IMO the onus is on the G to prove it is stolen, or return the rifle to whomever owns it.
    Exactly how I feel.

    I understand them "detaining" the rifle to sort all this out. But not returning it to you after an investigation makes no sense.

    Is the seller an FFL? Theoretically ATF could go bound book to bound book and track the rifle. Private sales would be tough though.

  9. #19
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    Quote Originally Posted by ugafx4 View Post
    Exactly how I feel.

    I understand them "detaining" the rifle to sort all this out. But not returning it to you after an investigation makes no sense.

    Is the seller an FFL? Theoretically ATF could go bound book to bound book and track the rifle. Private sales would be tough though.

    He is an FFL and he has been trying to get in touch with the officer on the case.

    And I agree that for sure the full serial with suffix is unique.

    I told this to the officer about the numbers and indicated many rifles could have the same number but he didnít sound convinced. But unless you collect or know these rifles itís just ďa MauserĒ

  10. #20
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    I'm thinking of the term, "statute of limitations". Hard to believe theft of that rifle 40 years ago would still be on the books. Heck, 40 years ago theft of a firearm (at the time a low value one) was likely not even a felony yet. I could be wrong on that, as I'm not a lawyer, but something just doesn't smell good on this one.

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