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Posted: 3/31/2012 5:25:25 AM EDT
I hate pawnshops with a passion, but recently I needed some quick cash so I pawned my NIB Benelli M1 Tactical.
I basically needed a payday advance but knew that it would be cheaper to do a short term pawn loan than one of those. I ended up going back to get my gun about a week later and the interest charge was $15, far less than a payday advance. Anyway, after I paid the loand off they took forever to get back with me and finally came back and said they couldn't find the gun.  So they told me they'd look some more and call me later about it. So finally they call and said that some 'new' guy sold it buy mistake.
So, now they are offering to replace it with a Benelli M2 Tactical 'display' model that one of their shops has in stock. It supposedly isn't used or fired, but does have some handling wear. I went to look at it and it has some cosmetic issues like dinks on the ghost ring sight and some scuffs on the barrel and receiver and I also noticed the trigger guard is plastic unlike the metal one on the M1. Any advice about this? Is this M2 that they are offering probably as good as I'm gonna get from them? Btw I paid $900 for the M1 back in '04. Update: I haven't spoken with them since yesterday (Sat, March 31) but I'm leaning towards taking the M2 they are offering me and asking for some additional in-store credit or cash. I've already paid the $500+$15 to them as I had to before they even would do the paperwork and stuff to get my gun back. Update as of 4/4/12: I took the M2 they were offering and have been in contact with their corporate offices. They are willing to give me the M2 and cut me check for my troubles. We are still negotiating on the check amount but probably around $500. 
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Posted: 3/31/2012 5:26:57 AM EDT
[#1]
That was no error. They did not intend on you coming back for it.
Figure out a way that you can get your finances in order, and do not live "check to check". |
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Posted: 3/31/2012 5:26:59 AM EDT
[#2]
Ask for an exact replacement. If that fails, contact the ATF.
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Posted: 3/31/2012 5:27:24 AM EDT
[#3]
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court.
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Posted: 3/31/2012 5:29:51 AM EDT
[#4]
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. |
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Posted: 3/31/2012 5:33:12 AM EDT
[#5]
Quoted:
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. No offense meant to the OP, but beings as he needs a pawn in the first place I think a lawyer may be out of the question. |
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Posted: 3/31/2012 5:34:00 AM EDT
[#6]
that scratch on the forearm, how did that happen? |
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Posted: 3/31/2012 5:34:11 AM EDT
[#7]
Shit happens.. People fuck up. In this case, they fucked up. They need to get you an exact replacement or compensate you to your satisfaction. Don't settle for less than what you had. You may need to locate a suitable replacement and have them pay for it, though.
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Posted: 3/31/2012 5:35:49 AM EDT
[#8]
Quoted:
Quoted:
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. No offense meant to the OP, but beings as he needs a pawn in the first place I think a lawyer may be out of the question.
Small claims court |
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Posted: 3/31/2012 5:36:39 AM EDT
[#9]
Quoted: That may work but keep in mind that many plaintiff's attorneys work on contingency. It may not cost him anything out of pocket. Quoted: Quoted: Quoted: Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. No offense meant to the OP, but beings as he needs a pawn in the first place I think a lawyer may be out of the question. Small claims court |
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Posted: 3/31/2012 5:36:53 AM EDT
[#10]
I think here the pawnshops have to wait about 2 weeks before reselling any firearms they buy. They also have to run the numbers through the police.
I would have already called the police and the ATF to report them, then called the local BBB, notified any one if a pawn license is issued and demanded a new in box replacement of the original item. Would not be surprised if at that time someone remembered taking the gun home. |
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Posted: 3/31/2012 5:37:05 AM EDT
[#11]
You're got 'em by the short hairs. Make them order you an M2.
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Posted: 3/31/2012 5:37:43 AM EDT
[#12]
Pawn shops are usually pretty tightly regulated by state, county, or city authorities.
My guess is you could make a big stink with their licensing authority. |
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Posted: 3/31/2012 5:37:51 AM EDT
[#13]
You've got 'em by the short hairs. Make them order you an M2.
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Posted: 3/31/2012 5:38:10 AM EDT
[#14]
Contact ATF.
They wanted your gun, probably one of the employees offered the shop owner more for it than he had in on the loan. Figured you wouldn't get your finances together and it would be an easy buck. A benelli M1 isn't something that is real common..... I wouldn't settle for either: the original firearm, in the condition you gave it in (NIB, unfired), or an exact copy of that M1 NIB. I wouldn't want to make any money, but I wouldn't want to be out any either. They either get MY gun back, or they get one that is exactly what they lost. |
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Posted: 3/31/2012 5:38:46 AM EDT
[#15]
Let them know you want a brand new identical firearm. Otherwise you will be talking to the ATF. The last thing a pawnshop wants is a visit from the Feds.
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Posted: 3/31/2012 5:38:54 AM EDT
[#16]
Tell them you want a 590A1
Edit: fuck the ATF it sounds like the pawn shop is trying to fix the problem. You might post this in the shotgun forum to find the difference between the 2 shotguns. |
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Posted: 3/31/2012 5:39:22 AM EDT
[#17]
If the whole shotgun is worth let's say $900, then how is a lawyer going to take this on contingency? That $900 is one hour of partner time in my firm. There's not enough here to make it worth anyone's time.
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Posted: 3/31/2012 5:39:36 AM EDT
[#18]
Quoted: Pawn shops are usually pretty tightly regulated by state, county, or city authorities. My guess is you could make a big stink with their licensing authority. I would start there. |
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Posted: 3/31/2012 5:39:39 AM EDT
[#19]
OP, you don't need an attorney for this.
If they cannot/will not replace the gun, in its exact configuration, or an upgraded version that you choose - tell them that your state's attorney general is about to get a phone call. |
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Posted: 3/31/2012 5:39:57 AM EDT
[#20]
Quoted: If the whole shotgun is worth let's say $900, then how is a lawyer going to take this on contingency? That $900 is one hour of partner time in my firm. There's not enough here to make it worth anyone's time. Again you're assuming he will only sue for the $900. |
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Posted: 3/31/2012 5:42:17 AM EDT
[#21]
In my opinion that gun was stolen from you. I would call the cops asap.
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Posted: 3/31/2012 5:42:51 AM EDT
[#22]
Contact somebody and quickly, don't just take it up the ass. Get your gun back damnit!
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Posted: 3/31/2012 5:44:10 AM EDT
[#23]
go in and say "if you sold it then you should have the name and number of the guy you sold it to, maybe you should have him bring it back and offer him the M2..."
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Posted: 3/31/2012 5:44:30 AM EDT
[#24]
Found the Texas regulations
RULE §85.413Lost or Damaged Goods (a) Responsibility. A pawnbroker must repair or replace, with like kind merchandise, pledged goods that are either lost or damaged while in the pawnshop's possession. More at link.
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Posted: 3/31/2012 5:44:58 AM EDT
[#25]
Quoted: You're got 'em by the short hairs. Make them order you an M2 M4. 
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Posted: 3/31/2012 5:45:29 AM EDT
[#26]
Quoted: In my opinion that gun was stolen from you. I would call the cops asap. More than likely the police and the ATF will tell him it is a civil matter  |
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Posted: 3/31/2012 5:45:47 AM EDT
[#27]
I would be getting an M4 if they did that to me. That or the ATF would bring their fine tooth combs over for an inspection.
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Posted: 3/31/2012 5:46:02 AM EDT
[#28]
How long are they supposed to keep the loan collateral before it's considered a default and they can sell it?
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Posted: 3/31/2012 5:46:50 AM EDT
[#29]
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. |
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Posted: 3/31/2012 5:47:01 AM EDT
[#30]
Quoted:
Quoted:
In my opinion that gun was stolen from you. I would call the cops asap. More than likely the police and the ATF will tell him it is a civil matter That's precisely why Will from Red Jacket lost his FFL. You can't have weapons unaccounted for. |
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Posted: 3/31/2012 5:47:02 AM EDT
[#31]
I would make them replace my shotgun. If it was a NIB Benelli M1, then they would find me a NIB Benelli M1. Nothing less, nothing more.
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Posted: 3/31/2012 5:47:13 AM EDT
[#32]
It was supposed to be a 90 60-day loan at 180% apr.
But since I paid it off within a week I only had to pay the minimum finance charge of $15 per Texas pawn regulations.
I'm thinking about reporting them to the state authorities, since they must have a state issued pawn license. I'm not really sure what the local police or ATF could do. I don't think they can get me a new M1 since they were discontinued several years ago by Benelli. Maybe a cash settlement would be my best option, then I could get a used M1 and some extra money too. I just want a fair settlement with them. |
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Posted: 3/31/2012 5:47:51 AM EDT
[#33]
Quoted:
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. |
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Posted: 3/31/2012 5:47:54 AM EDT
[#34]
You sold an M1 for $200?
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Posted: 3/31/2012 5:48:49 AM EDT
[#35]
People fall on hard times, companies make mistakes.
But you lived up to your contract, and so must the company. Fuck them and find a lawyer They will settle for $5000 enough for the little work the lawyer will do and some coin in your pocket |
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Posted: 3/31/2012 5:49:05 AM EDT
[#36]
Quoted: It was supposed to be a 90-day loan at 180% apr. But since I paid it off within a week I only had to pay the minimum finance charge of $15 per Texas pawn regulations.I'm thinking about reporting them to the state authorities, since they must have a state issued pawn license. I'm not really sure what the local police or ATF could do. I don't think they can get me a new M1 since they were discontinued several years ago by Benelli. Maybe a cash settlement would be my best option, then I could get a used M1 and some extra money too. I just want a fair settlement with them. Less than a week? I thought they even had to sit on stuff for a while to make sure it wasn't stolen. |
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Posted: 3/31/2012 5:49:52 AM EDT
[#37]
Quoted:
Quoted:
Quoted:
Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court. I agree with Oscar. No offense meant to the OP, but beings as he needs a pawn in the first place I think a lawyer may be out of the question. Small claims court requires time but not a lot of cash. |
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Posted: 3/31/2012 5:50:27 AM EDT
[#38]
Quoted:
Tell them you want a 590A1 Edit: fuck the ATF it sounds like the pawn shop is trying to fix the problem. You might post this in the shotgun forum to find the difference between the 2 shotguns. WHy would he trade a 900 dollar shotgun for a 500 dollar one? |
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Posted: 3/31/2012 5:50:35 AM EDT
[#39]
Quoted:
Yep, even better.
Quoted:
You're got 'em by the short hairs. Make them order you an M2 M4. |
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Posted: 3/31/2012 5:51:09 AM EDT
[#40]
Tell them you want either your M1 back (I bet it is sitting in one of the workers homes.) or a NIB one or you will contact the Tx AG.
§ 371.167. LOST OR DAMAGED GOODS. (a) A pawnbroker shall replace pledged goods that are lost or damaged while in the pawnbroker's possession with like kind merchandise. The replacement is subject to approval by the commissioner and the pledgor must exhaust this administrative remedy with respect to the lost or damaged pledged goods before seeking a remedy in court. If the commissioner does not approve a replacement before the 91st day after the date on which the commissioner receives a complaint from the pledgor concerning the lost or damaged goods, or if the pledgor does not accept the commissioner's determination, the pledgor may seek a remedy in court. (b) For purposes of this section, goods are considered lost if the goods are destroyed or have disappeared and are unavailable for return to the pledgor. |
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Posted: 3/31/2012 5:52:17 AM EDT
[#41]
Quoted: Quoted: You're got 'em by the short hairs. Make them order you an M2 M4. More like by the nut sack
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Posted: 3/31/2012 5:52:50 AM EDT
[#42]
If it was pawned, wby was it out on display for resale?
Any pawn shop I've ever been to jolds pawned stuff for 30the days before gping out pn the floor. Posted Via AR15.Com Mobile |
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Posted: 3/31/2012 5:54:25 AM EDT
[#43]
Quoted:
You sold an M1 for $200? Well I didn't intend to sell it, but the loan was for $500. |
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Posted: 3/31/2012 5:54:26 AM EDT
[#44]
Quoted:
Quoted:
If the whole shotgun is worth let's say $900, then how is a lawyer going to take this on contingency? That $900 is one hour of partner time in my firm. There's not enough here to make it worth anyone's time. Again you're assuming he will only sue for the $900. Not to burst your bubble, but that's all he's getting. There's no pain and suffering or punitive damages for a shotgun lost in pawn. |
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Posted: 3/31/2012 5:54:49 AM EDT
[#45]
Quoted: Quoted: Quoted: In my opinion that gun was stolen from you. I would call the cops asap. More than likely the police and the ATF will tell him it is a civil matter That's precisely why Will from Red Jacket lost his FFL. You can't have weapons unaccounted for. oh it's accounted for. i bet they have a 4473 just like they are supposed to. |
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Posted: 3/31/2012 5:55:00 AM EDT
[#46]
Quoted:
Pawn shops are usually pretty tightly regulated by state, county, or city authorities. My guess is you could make a big stink with their licensing authority. THIS. |
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Posted: 3/31/2012 5:55:03 AM EDT
[#47]
Quoted: Quoted: Quoted: In my opinion that gun was stolen from you. I would call the cops asap. More than likely the police and the ATF will tell him it is a civil matter That's precisely why Will from Red Jacket lost his FFL. You can't have weapons unaccounted for. From what the OP said, the gun was sold. As long as the pawn shop logged the gun in from the OP, and did a 4473 on the buyer to log the gun out, the gun isn't unaccounted for. Yes, it is BS and they sold a gun they shouldn't have, but legally it isn't unaccounted for... |
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Posted: 3/31/2012 5:56:05 AM EDT
[#48]
Quoted:
Quoted:
Tell them you want a 590A1 Edit: fuck the ATF it sounds like the pawn shop is trying to fix the problem. You might post this in the shotgun forum to find the difference between the 2 shotguns. WHy would he trade a 900 dollar shotgun for a 500 dollar one? Because it works 
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Posted: 3/31/2012 5:58:03 AM EDT
[#49]
Contact everyone listed in this thread and I bet you'll get somewhere. Don't second guess yourself,just do it, these guys sound like they don't have their act together.
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Posted: 3/31/2012 5:59:23 AM EDT
[#50]
Tell them you'll take the display Benelli and the handgun of your choice from their inventory in return for not pursuing any legal action. They oughta jump at that, and for not having the ATF (if the ATF would even get involved here) showing up. I think this would work out well for both parties. I shop Pawn shops in my area all the time for guns and they always have nice inventory. In fact, I bought a great NIB Benelli M1 Tactical the other day, metal trigger guard and all...
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