Vehicle Repossession Firearms of Others in Repose Vehicle

[musick8478]

Hello, a friends firearms were securely locked in someone else's vehicle when it was reposessed. The repo company took the vehicle in the middle of the night. No one was given the option to remove any personal belongings. The firearms were taken across state lines from VA to West Virginia. All payments and fees have been paid to get the vehicle back. The repo company is refusing to release the vehicle or any personal possessions for another 48 hours. I was told when a vehicle is repossessed with firearms those were to be turned over to law enforcement. The repo company clearly has not done that. Is that the law or any suggestions on how to handle this. Again it was not his vehicle which was repoed.

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[army judge]

Hello, a friends firearms were securely locked in someone else's vehicle when it was reposessed. The repo company took the vehicle in the middle of the night. No one was given the option to remove any personal belongings. The firearms were taken across state lines from VA to West Virginia. All payments and fees have been paid to get the vehicle back. The repo company is refusing to release the vehicle or any personal possessions for another 48 hours. I was told when a vehicle is repossessed with firearms those were to be turned over to law enforcement. The repo company clearly has not done that. Is that the law or any suggestions on how to handle this. Again it was not his vehicle which was repoed.

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This is a new one for me.
I'm sure it's happened before.
I suggest you wait another 48 hours, as the repo company is suggesting.
You might also want to discuss the situation with a lawyer just to make sure everything ends with everyone being happy.

The only problems I see for the gun owner is if he or she were a convicted felon, currently on parole or probation with a restriction against owning or possessing firearms, if the guns in question were stolen or had questionable origin, if the guns had obliterated or altered serial numbering, or if the guns are linked to a crime.

Reality says you can't force the repo company to do anything.
A Virginia could might be able to force a WV company to comply after a long, expensive court battle.
A WV court could force the company to return the guns, but not within the 48 hours discussed.
Remember, a weekend is approaching. That 48 hours coud become 96 hours.

All you can do is take a deep breath, be patient, and see what unfolds by Monday or Tuesday, unless one of my bizarre scenarios apply.
If that's the case, it might be best to respond, "What guns? I ain't never had no stinking guns!"

 

[musick8478]

Ok so basically according to VA State Police if the repo company does not comply by Friday evening and return the firearms which are legally registered, not altered, and no felon involved (Lol) They will charged with Grand Larceny. The legal gun owner has no binding contract with anyone so depriving him of his firearms is Grand Larceny.

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[army judge]

Ok so basically according to VA State Police if the repo company does not comply by Friday evening and return the firearms which are legally registered, not altered, and no felon involved (Lol) They will charged with Grand Larceny. The legal gun owner has no binding contract with anyone so depriving him of his firearms is Grand Larceny.

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That would appear to be your best option.
You can't force another person to accede to your demands.
If the parties are at an impasse, your only option is to go to court.

Did you ask the police how a criminal charge against the alleged thief will get the guns back into the hands of the owner sooner, rather than later?

 

[musick8478]

Yes if charges of Grand Larceny are brought the police have the right to search the premises of the towing company and remove any items to have been deemed as stolen. However since the towing company has admitted to having possession of the firearms the police can demand they turn over the items before having a search warrant issued to retrieve the guns. The towing company has no claim legal or civilly to the firearms bc they did not belong to the vehicle owner. The state police run your license and find the gun registered in your name. The property is yours. You've asked multiple times for them return it. They won't. At that point it is stolen bc they are depriving you of you property.

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[army judge]

Yes if charges of Grand Larceny are brought the police have the right to search the premises of the towing company and remove any items to have been deemed as stolen. However since the towing company has admitted to having possession of the firearms the police can demand they turn over the items before having a search warrant issued to retrieve the guns. The towing company has no claim legal or civilly to the firearms bc they did not belong to the vehicle owner. The state police run your license and find the gun registered in your name. The property is yours. You've asked multiple times for them return it. They won't. At that point it is stolen bc they are depriving you of you property.

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As I've said before, the police might be able to help.

As I've seen before, the police arrive, the item can't be found.

You'll know very soon.

 

[musick8478]

If it could not be found then The firearms are unregistered from my bf name. The Trooper advised he would bring charges and run lie detectors on employees involved.

That however does not need to be the case. All items, firearms, personal property, truck everything has been returned today.

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[army judge]

Closed, issue resolved.