Can You Be Busted for Possessing a Stolen Gun?

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Posted July 17, 2015 5:00 pm by Comments

By Dean Weingarten

In most states, possession of a stolen item is not enough to convict a person of receiving stolen property. Virtually all “possession of stolen property” arrests require an element of “knowing” that the property was stolen. Arizona, for example, has a “trafficking in stolen property” statute . . .

A. A person who recklessly traffics in the property of another that has been stolen is guilty of trafficking in stolen property in the second degree.

B. A person who knowingly initiates, organizes, plans, finances, directs, manages or supervises the theft and trafficking in the property of another that has been stolen is guilty of trafficking in stolen property in the first degree

Bottom line: if police arrest you for or with a stolen gun, you need to provide a “satisfactory explanation” as to how you came to own it. The Silver State Legislature has codified permissible inferences in ARS 13-2305:

1. Proof of possession of property recently stolen, unless satisfactorily explained, may give rise to an inference that the person in possession of the property was aware of the risk that it had been stolen or in some way participated in its theft.

2. Proof of the …read more

Source:: Truth About Guns

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