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Thread: Ugh... K98 disappointment

  1. #1
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    Default Ugh... K98 disappointment

    So I went to my FFL to accept transfer for this nice DOT bolt mm.

    My background check was taking longer than normal. Then the shop gets a call saying the gun was flagged as possibly stolen in another state nearly 40 years ago. Local PD came and confiscated the rifle :(

    Super bummed because I loved the look and condition. PD was nice about it and such but were honest that unless they can confirm itís not the same gun etc then it would likely never be returned to me and likely destroyed. They only ran the numbers ( not the ďapĒ) so I would think itís not the same gun.

    Unfortunate to possibly see a historical piece destroyed.

  2. #2
    I buy capture paper guns ugafx4's Avatar
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    Looks like Oregon State Police has their own NICS check system. The national NICS system does not ask for a SN. Interesting.

    Legally the letter suffix is part of the serial number and I would be arguing that. Any ATF agent could tell the State Police that. Are you out the money?

    This situation is not sitting right with me, seems very unreasonable. If it is indeed a stolen firearm, then it needs to go back to the rightful owner. Scary the state can seize property without proving that it is indeed the stolen firearm.

  3. #3
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    Quote Originally Posted by ugafx4 View Post
    Looks like Oregon State Police has their own NICS check system. The national NICS system does not ask for a SN. Interesting.

    Legally the letter suffix is part of the serial number and I would be arguing that. Any ATF agent could tell the State Police that. Are you out the money?

    This situation is not sitting right with me, seems very unreasonable. If it is indeed a stolen firearm, then it needs to go back to the rightful owner. Scary the state can seize property without proving that it is indeed the stolen firearm.

    I am planning to discuss the letter block being part of the serial with them. My FFL only ran the 4 digit number which could hit a number of K98s Iím sure.

    But it is a bummer it was seized.

    The seller is working to be helpful and will issue a refund if it isnít sorted out but itís a lose lose because someone is going to be out either money or a rifle.

  4. #4
    Senior Member Wolfsburg's Avatar
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    Yeah, thatís bizarre to me that it would be destroyed. I would think it would go back to the last legal owner (or perhaps next of kin?). I know weíre talking about the Left coast in this case, but around here police sometimes auction off confiscated firearms. Regardless, I would think itíd be very difficult to prove itís actually stolen, especially since they apparently didnt even run the full serial number.

    If it is to be destroyed, maybe it can be stripped down and debarrelled? I mean, the parts are worth something...

  5. #5
    Senior Member jack944's Avatar
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    Default Similar situation

    I had the same situation in Maryland when I transferred a Luger I owned. It was imported and I was the first buyer. I tried to explain suffix and prefix issue to State Trooper. Told him it couldn't be stolen because I get it right off the importer.....

    2 months later I had to bug them to return my pistol after the person looked at it and said it wasnt his pistol

  6. #6
    Senior Member Pat's Avatar
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    Quote Originally Posted by ugafx4 View Post
    Scary the state can seize property without proving that it is indeed the stolen firearm.
    It's based on the idea that it is stolen property (evidence of a crime), not some malevolent seizure program. I'm sure you know that, but some guys see stuff like this and spin it off into something its not.

    I agree NicholesMan, you need to push on this one and argue the letter suffix angle. Getting a local-ish ATF agent involved is not a bad idea at all. Firearm serial numbers are not like a VIN number; they don't come back to a single item at the exclusion of everything else. More often than not, prefixes and suffixes are not entered, which of course results in an inaccurate entry as you noted. Don't give up on this one, you have a solid argument and will just need to treat it like a marathon, not a sprint.


    Pat
    For My Fallen Brothers:
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    Quote Originally Posted by Wolfsburg View Post
    Yeah, thatís bizarre to me that it would be destroyed. I would think it would go back to the last legal owner (or perhaps next of kin?). I know weíre talking about the Left coast in this case, but around here police sometimes auction off confiscated firearms. Regardless, I would think itíd be very difficult to prove itís actually stolen, especially since they apparently didnt even run the full serial number.

    If it is to be destroyed, maybe it can be stripped down and debarrelled? I mean, the parts are worth something...

    If itís truly stolen I have no issue with it being returned to that owner. But what are the odds itís actually that rifle and the owner from 40 years ago is even able to be found.

  8. #8
    Senior Member Wolfsburg's Avatar
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    It has happened but Iíd say the odds are very slim. In this case, with the lack of them running the serial suffix, Id say any alleged owner would have a hard time definitively proving itís his. Serial 1234 is not the same as 1234a... Maybe the suffix has never been recorded but thatís not your fault. It is there regardless and is part of the serial.

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    Quote Originally Posted by Wolfsburg View Post
    It has happened but Iíd say the odds are very slim. In this case, with the lack of them running the serial suffix, Id say any alleged owner would have a hard time definitively proving itís his. Serial 1234 is not the same as 1234a... Maybe the suffix has never been recorded but thatís not your fault. It is there regardless and is part of the serial.
    Basically they said it is a slim chance of me getting the rifle.

    If they can determine it isnít the rifle then maybe.

    Basically any other scenario (prior owner deceased, or never getting all the info they need) then they said it would likely be deatroyed

  10. #10
    RKI- Reasonably Knowledgable Individual heavy_mech's Avatar
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    Quote Originally Posted by NicolesMan View Post
    ..then they said it would likely be deatroyed
    That's literally retarded... but I'm also not surprised one bit. It's what they do.
    "Wen Tausend einen Mann erschlagen, das ist nicht Ruhm, das ist nicht Ehre, denn beinsen wird's in spšteren tagen gesiegt hat doch das Deutsch Heer. Podest nicht die Paten der Soldaten doner die da Sterben sollen, soll man geben was sie wollen, sahs sie Herzen, sahs sie KŁssen, den sie wissen nicht wann sie sterben mŁssen"

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