Dallas, TX asked in Criminal Law for Texas

Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

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1 Lawyer Answer

A: Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what happened to it, you will notify police that it has been stolen so that if it is used in the commission of a crime, you will not be questioned as a suspect.

After [date], if you do not hear from him, go to your local police department with the make model, caliber, and serial number of the firearm and the letter to report it stolen.

You should do this promptly because the rifle may very well be traceable to you, even if you did not purchase it new. If it is used in the commission of a crime, you actually may become a suspect.

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