Stolen Tommy Gun found.

[sleepy]

http://foxsanantonio.com/news/local/stolen-tommy-gun-recovered-during-traffic-stop-04-28-2016

 

[cajun 22]

Nice!

 

[gman552]

Did a search on the guy arrested (Brendan Duganne) - if this is the same guy, looks like he's a criminal lawyer in San Antonio:

https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=287259

Oopsies!

 

[strobro32]

"The sub machine gun will remain at the Lytle Police Department as evidence until the case goes through the Atascosa County court system."

:bang

Been there, done that.

 

[Hey...]

That's the best news article I've read all month.

I wonder something though... if he had it insured and was paid by the insurance company for its value when stolen, wouldn't the insurance company get the weapon? Would they legally be able to possess it since it wasn't transferred to them via tax?

 

[Dockless55]

The name with the stamp owns the property. Until a Judge says otherwise.

 

[sniperdoc]

Insurance company ownership? That's a GREAT question! I honestly don't know; better minds can answer. Yes, it would have to be transferred (like any other property), but I don't know how the law works regarding insurance and stolen property.
Maybe the original owner has to refund the $?

 

[bsn]

Depending on the model & manufacturer he may be happy to repay the insurance co the $2000? the gun was worth in 1992...

or perhaps it is just an SBR, rather than an MG?

 

[brazos609]

Did a search on the guy arrested (Brendan Duganne) - if this is the same guy, looks like he's a criminal lawyer in San Antonio:

https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&template=/Customsource/MemberDirectory/MemberDirectoryDetail.cfm&ContactID=287259

Oopsies!

That seems like a pretty uncommon name, the warrant was for contempt of court(a charge a lawyer might face), and he practices in the same county the original owner lives in. That would be alot of coincidences for it to be a different Brendan Duganne.

 

[JohnnyE]

Insurance company ownership? That's a GREAT question! I honestly don't know; better minds can answer. Yes, it would have to be transferred (like any other property), but I don't know how the law works regarding insurance and stolen property.
Maybe the original owner has to refund the $?

The answer will likely hinge on the terms of the policy, and paperwork he signed when the insurance company handed over the check.

 

[ole442]

Maybe it wasn't insured?

 

[ScottinTexas]

Maybe it wasn't insured?

If not, the legal owner (or his heirs) are very happy campers.

 

[Hey...]

I doubt it was insured as most people don't have specific coverage. My homeowners policy via Allstate would only cover $2000 unless I specifically stated value and had a rider policy for it. That's what the agent said at least.

I don't have a policy, I have a safe bolted to a concrete pad.

I just remember a '70 Corvette some guy lost to theft and was found a few years back. The guy was glad but the article said the insurance company was getting it since they paid his claim and technically they owned it. Made me wonder about class3.

 

[Dockless55]

BATF doesn't care about value. Their only concern is the name on the paperwork with the stamp. Federal law trumps all local and state laws.

 

[sniperdoc]

Even if the insurance company claims the MG, wouldn't they still have to get ATF approval and a tax stamp?
& could a judge legally order the owner to surrender it unless the company has a Form 4? Wouldn't that put them in possession of an unregistered MG?

 

[NativH]

most people don't have specific coverage.

I always suspected I was out of the mainstream. I do have all my weapons, including NFA, on a separate insurance policy, and have another one for all my guitars and amps also. Having seen a few friends wiped out in the past, without anything to show for it, got me in the habit of getting specific commercial policies for items that homeowners really doesn't cover. Overkill? Perhaps.

 

[ChuckB]

Even if the insurance company claims the MG, wouldn't they still have to get ATF approval and a tax stamp?
& could a judge legally order the owner to surrender it unless the company has a Form 4? Wouldn't that put them in possession of an unregistered MG?

Odds are they would use a dealer to possess it while they liquidated it. But yes it would have to transfer on a stamp each time, no way around that.

But if the insurance company did have the m/g, they aren't in possession of an unregistered m/g; they would be in possession of a registered m/g that isn't theirs.

 

[watchin]

If there had only been one cop in the traffic stop..I wonder where that Thompson would be now?

-watchin-

 

[PDXsparky]

"The sub machine gun will remain at the Lytle Police Department as evidence until the case goes through the Atascosa County court system."

:bang

Been there, done that.

I hope that you've gotten all your stuff back by now.

 

[pjeski]

BATF doesn't care about value. Their only concern is the name on the paperwork with the stamp. Federal law trumps all local and state laws.

Registration does not equal ownership.