If so, she probably has a case.

But, with the details you added, it sounds like the police just don't want any part of it. If that is the deal, your friend just needs to move on.

due to the circumstances she can't move on.

But thank you!

I'll pass this along to her.

After all she did not give them permission to take it. It matters not that they all live in the same house.

Stolen firearms is a felony charge, they will give it back right away or risk prision. She should report it stolen......then it becomes a criminal matter

it's a duplex - she did report it, the police told her it was a civil matter.

She should report it as stolen.

Whether or not a criminal prosecution results, she should sue in small claims court for the value of the weapon.

...aren't taking it seriously.

Then, as suggested below, get as far away from her parents as possible.

Seriously?

Suck this one up and get as far as she possibly can from her parents and stay there.

she doesn't live there anymore though - but she can't just up and walk away either.

But she needs to get her own completely separate domicile and the parents need to not be welcome there period.

I'm off to work, short shift tonight I'll try to explain a little more when I get back -

The LEO will have to open an investigation.

If your friend has some kind of evidence that her parent(s) took the gun, then she can sue.

I am of the opinion that your friend needs to move. If that involves crashing with friends, sleeping at a shelter, or whatever, then so be it. I should think that ANY kind of action, criminal investigation or civil suit, would behoove one to move ASAP.

but local PD told her it was a civil matter - and she doesn't live there anymore.

1. Do her parents own the duplex?
2. Was she paying rent?
3. I understand how a gun might be taken, but the documentation such as sales receipt, FFL, etc.?
4. Brother on the City Council; claiming abuse by Father, yet rejected by shelter and "constant court cases/issues?

I make no assumptions, From the info provided prudence suggest there is definitely at least one other side to this story.

Semper Fi,

his/hers and what really happened. Knowing my friend, I stand by her.

1. she and her parents
2. mortgage shared
3. she purchased it, kept the sales receipt and registration with the gun. In the process of moving out, her parents went to her side of the building cleaned out her stuff, their grandchildren's stuff, and gave/sold all of it - including her gun which they told her they had done.
4. is completely fucked - welcome to small town politics and general douchbaggery

Does she want her gun back? If her parents sold it or gave it away, then does she want them to replace it? Does she want to be reimbursed for its replacement value? Or is it possible she wants to get the police involved to cause them trouble with the law?

I understand why the cops told her it was a civil matter. They view it as a family dispute over the ownership of property. That is certainly a civil matter. I doubt the cops would involve the criminal justice system in a situation like this no matter who her parents or siblings are. It does sound like an unfortunate situation for your friend.

and to press charges.

and thank you for the explanation for it being a civil matter. - I do understand - but I still feel it should be more of a criminal matter - Thanks, Jenoch

From your description, the parents either illegally sold the gun or have no intention of giving it back if they still have it.

A civil suit against the parents might recover the cost of a new gun, but it might not be worth the fight.

Filing charges might teach the parents a lesson, but it will not recover the gun.

The path of least resistance might be to write off the old gun, to buy a new gun, and to not leave the parents unsupervised in the new home.

For multiple reasons, file a police report so that there is documentation. See what the home-owner's insurance will cover. However, the cost of the gun is probably less than the deductible.

and try to file a stolen gun complaint and go to the Maine Attorney General and file a complaint stating that the local police are not allowing her to file a criminal complaint. Legally I think the local PD HAS to accept a criminal complaint. A DA may choose not prosecute because he feels it is a civil matter, but I believe the PD has to accept the complaint.

Failing that and escalating things rather drastically, go to the ATF or FBI and state that a gun was stolen and local law enforcement refuses to do anything.

In the end does she:
1. Want her parent(s) to be prosecuted
or
2. Does she just want money equivalent to the things of hers that were sold without permission.

If it's 2, take them to court, since the likelihood of her getting her possessions back is slim

At this point, she's probably not going to get the gun back, so does she want to recoup her losses financially, or does she want to try to have here parents criminally charged?

The former is fairly straight forward: she just needs to file in small claims court and present what evidence she has to make her case. If she could get a recording of her parents saying they took the gun and sold it (since they may lie in court), I don't think she would have any problem convincing a judge to rule in her favor and force her parents to either return the property or pay her what it is worth.

The later is a little trickier; in all likelyhood the police are correct and it is a civil issue. Because of the domestic issues, she will have a hard time convincing any DA to file charges against her parents. You mentioned that her father hit her and put her in the hospital? Did she file assault charges against him at the time? If not, and she is willing to do that now, she might be able to get a DA to tack on the gun charge, but otherwise she's probably SOL.

If she still lived at the scene of the crime, perhaps the police would/could investigate.

But she doesn't even live where the alleged crime took place anymore.

Even if the police were to obtain a warrant or otherwise discover that the parents were in possession of the firearm (which you say they no longer are), it would become a he-said/she-said argument as to how they got it.

But now that the property has been disposed of and is untraceable, there is no property nor even a crime scene to investigate.

What are the police supposed to do?

The only evidence that now exists is that once upon a time your friend bought a gun.

with city, county, or state law enforcement, and the report has the serial number and date it was noticed missing. Just a CYA in case it's used in a crime and traced back to the original owner.

Other than that, I'd write off the parents and write off the price of the gun. With the time, hassle, and costs associated with legal process, it's probably not worth trying to recover the money.

Wish her best of luck with the harrassment issues. Nobody needs that.