Pawnshop sold my gun in error - Update 4/1/12 - Page 2

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Posted: 3/31/2012 5:59:26 AM EDT

[#1]

The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

Posted: 3/31/2012 5:59:40 AM EDT

[#2]

They absolutely know who bought and has it. If they have a FFL then there had to be a 4473 made out so it's not like it was "lost." Someone in the store likely or a close friend of someone who works there has it and doesn't want to give it up. They figured you were stupid enough to take the M2 in exchange but you didn't. If there isn't a 4473 then there has to be some kind of receipt with the "buyers" info on it.

[notice how it was "the new guy" that made a mistake?]

Posted: 3/31/2012 6:03:18 AM EDT

[#3]

HUGE problems. The pawn shop probably just violated (as already posted) not only local regulations, state regulations, and federal regulations.

They have a record of the person who bought the shotgun, they can contact them and have them bring it back, explain their screwup and offer to make things right with THAT person, giving you your own property back.

Or you can make a big problem for them by putting them under the microscope.

Posted: 3/31/2012 6:04:06 AM EDT

[#4]

Quoted:
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.

Before threatening them with any action, try and resolve it in a "friendly" manner. Explain you know that shit happens, and that you're not wanting to push this beyond dealing directly with them, and that you're not interested in the M2, and suggest that they pay fair market value in compensation for your M1? Do they have other guns you may be interested in? something you could leverage an item that may be worth more than your M1 that they would be willing to offer? Seriously, try the friendly approach first and if you seem to be getting nowhere, take it to the next level.

Posted: 3/31/2012 6:05:25 AM EDT

[#5]

Quoted:

Quoted:

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.

Before threatening them with any action, try and resolve it in a "friendly" manner. Explain you know that shit happens, and that you're not wanting to push this beyond dealing directly with them, and that you're not interested in the M2, and suggest that they pay fair market value in compensation for your M1? Do they have other guns you may be interested in? something you could leverage an item that may be worth more than your M1 that they would be willing to offer? Seriously, try the friendly approach first and if you seem to be getting nowhere, take it to the next level.

IMHO, this is excellent advice.

Posted: 3/31/2012 6:06:05 AM EDT

[#6]

Quoted:
They absolutely know who bought and has it. If they have a FFL then there had to be a 4473 made out so it's not like it was "lost." Someone in the store likely or a close friend of someone who works there has it and doesn't want to give it up. They figured you were stupid enough to take the M2 in exchange but you didn't. If there isn't a 4473 then there has to be some kind of receipt with the "buyers" info on it.

[notice how it was "the new guy" that made a mistake?]

I would bet they are trying to pull a fast one.....the hedge is most guys wont return and get anything out of pawn....some Joe walks in offers them about 5 times what they have in it and.....oops "some new guy made a mistake"...........bullshit.......I want my gun and I want it now...not my problem and not up to me to manage/run your business......you can make a whole lot of stink without a lawyer......put the shoe on the other foot...what if you had not met your end of the deal?

Posted: 3/31/2012 6:06:41 AM EDT

[#7]

Forget hiring a lawyer or going to court yourself, it is not worth the time or effort by a long shot. You have more leverage, make them replace it with something you're happy with. A NIB M1 is unfortunately probably not possible because so few exist, but they should be willing to give you a new comparable model Benelli.

You might be able to go to small claims court and win, but it would take a long time and a judge is unlikely to award you a NIB Benelli because they are no longer manufactured.

Posted: 3/31/2012 6:07:28 AM EDT

[#8]

Quoted:
The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

I didn't sell the item though, I got a pawn loan. They were supposed to hold it for 60 days before selling it, that's what my pawn ticket says.

Posted: 3/31/2012 6:16:08 AM EDT

[#9]

Quoted:

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.

That is what I thought. Even buying a trade in/used gun at a regular gun store, they have to hold them for 30 days to check.

Posted: 3/31/2012 6:17:04 AM EDT

[#10]

Quoted:

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...

was it a new arrival??? did they bring it out from the back room to show it to you??

Posted: 3/31/2012 6:17:08 AM EDT

[#11]

Tell them you'll settle for $1500 for the trouble if they can't find your gun. That or a NIB M1, or a NIB M4.

Posted: 3/31/2012 6:18:22 AM EDT

[#12]

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 a lot of punitive damages on conversion cases, IIRC.

OP - if they sold it, they know who has it.

First option: GET IT BACK. How they do that is their problem. I don't know if Texas has a mandated waiting period for pawn shops to hold items. Florida does, so it may be incentive to get them to act. Ask the county police/sheriff about this.

Second option: Find one another acceptable gun on gunbroker.com and tell them that it will be an acceptable substitute. Tell them to get it for you.

And never ascribe to malice what can be explained by stupidity. People make mistakes. As long as they correct it, it's okay. If it happened to me, I would suggest that a case of shotgun shells or some other $100 thing would go a long way towards your good will. You won't be sticking it to them too much, but enough to remind them to be careful.

Posted: 3/31/2012 6:19:41 AM EDT

[#13]

IF THEY SOLD YOUR GUN THEY CAN UNSELL IT.

Posted: 3/31/2012 6:22:53 AM EDT

[#14]

Quoted:

Quoted:
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...

was it a new arrival??? did they bring it out from the back room to show it to you??

In Irving??

Posted: 3/31/2012 6:30:36 AM EDT

[#15]

I wouldn't settle for anything less than my shotgun.

Posted: 3/31/2012 6:32:14 AM EDT

[#16]

Quoted:

Quoted:

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...

was it a new arrival??? did they bring it out from the back room to show it to you??

In Irving??

I threw that last part in in jest, to rub salt in the wound since you were in TX too. The first part is your best option, though. They don't have much invested in their inventory, maybe you can get a good Benelli and a nice pistol out of the deal. OR FORGIVE YOUR LOAN AND GIVE YOU THE DISPLAY BENELLI.

Posted: 3/31/2012 6:36:14 AM EDT

[#17]

#1 You want the exact gun you paid for

or option 2

#2 call the ATF and state attorney and BBB

Posted: 3/31/2012 6:37:30 AM EDT

[#18]

That pawn ticket is where it's all at.

Posted: 3/31/2012 6:39:50 AM EDT

[#19]

May have been an honest but dumbass mistake. Try to work something out with them to the correct value. Might pay off later if you want a deal on something in the case or the rest of the store. I'd be pissed too, but shit does happen.

Posted: 3/31/2012 6:41:33 AM EDT

[#20]

ATF will not get involved in this. If the pawnshop did a 4473 they didn't violate any federal regulations. It's a civil matter, or it might be a violation of the OP's state laws covering pawns.

Posted: 3/31/2012 6:41:33 AM EDT

[#21]

Quoted:

Bullshit. Tell them to replace it with a NIB shotgun of the exact same model. If they refuse, take them to court.

This. A contract is a contract. They had an obligation to retain YOUR property until such time as the loan expired or you picked it up. They fucked up and now owe you a replacement of equal or greater value. Most definitely a small claims case. No lawyer needed, just your pawn contract.

Posted: 3/31/2012 6:43:41 AM EDT

[#22]

You have them by the balls. I would walk out with that m2 and another gun of my choice. I would also verify that they did a 4473 on the m1. You wouldn't want a knock from the cope when it is used in a crime.

Posted: 3/31/2012 6:47:58 AM EDT

[#23]

Quoted:
The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

This is where you will get them. Quit believing the ATF hype and go this route. TX should have a law about this and this is where they screwed up.

Posted: 3/31/2012 6:48:38 AM EDT

[#24]

Quoted:
ATF will not get involved in this. If the pawnshop did a 4473 they didn't violate any federal regulations. It's a civil matter, or it might be a violation of the OP's state laws covering pawns.

IF they did a 4473 then they know exactly who owns it then it isn't really "lost."

Posted: 3/31/2012 6:51:00 AM EDT

[#25]

Quoted:

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.

They may "find" it with a little pressure. (i.e. get the employee they sold it to to bring it back.)

Posted: 3/31/2012 6:51:53 AM EDT

[#26]

Quoted:

Quoted:
ATF will not get involved in this. If the pawnshop did a 4473 they didn't violate any federal regulations. It's a civil matter, or it might be a violation of the OP's state laws covering pawns.

IF they did a 4473 then they know exactly who owns it then it isn't really "lost."

True, but if they can't get it back they are still on the hook.

(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.

Posted: 3/31/2012 6:51:55 AM EDT

[#27]

Quoted:

Quoted:
ATF will not get involved in this. If the pawnshop did a 4473 they didn't violate any federal regulations. It's a civil matter, or it might be a violation of the OP's state laws covering pawns.

IF they did a 4473 then they know exactly who owns it then it isn't really "lost."

True, I was just "assuming" they did - but still ATF won't go out there just to verify they did. Highly unlikely.

Posted: 3/31/2012 6:53:00 AM EDT

[#28]

Just meekly accepting accepting cash payment, or a similar firearm like some here suggest, doesn't teach the store, or store employees anything.

Tell them you want YOUR shotgun back from whomever bought it.

Tell the store you want your firearm back TODAY, and you will not accept any other outcome.

Posted: 3/31/2012 6:53:59 AM EDT

[#29]

Quoted:

Quoted:
The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

I didn't sell the item though, I got a pawn loan. They were supposed to hold it for 60 days before selling it, that's what my pawn ticket says.

The pawn shop is suppose to segregate pawned items from for sale items.
Texas also requires employee training and registration within 75 days?.( check my prior link to regulations).
I would think that the first thing an employee would learn is to mark pawned items and redemption requirements and holding requirements.
I find it hard to believe a pawn shop would let a new employee do a 4473.
I would ask to see the 4473 to see when it was sold and who sold it.
I'm sure the local police will help.

Posted: 3/31/2012 6:56:18 AM EDT

[#30]

Quoted:
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...

I was going to post this.

Posted: 3/31/2012 6:59:01 AM EDT

[#31]

Tell them that you want your M1 back.

They have a record of who bought it.

Tell them they need to contact the buyer and inform him that they did not own the weapon they sold him.

Tell them they have three days to straighten it out or you will be contacting law enforcement and ATF.

Thank them in advance for their anticipated cooperation.

Posted: 3/31/2012 6:59:02 AM EDT

[#32]

Quoted:

Quoted:

The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

I didn't sell the item though, I got a pawn loan. They were supposed to hold it for 60 days before selling it, that's what my pawn ticket says.

The pawn shop is suppose to segregate pawned items from for sale items.

Texas also requires employee training and registration within 75 days?.( check my prior link to regulations).

I would think that the first thing an employee would learn is to mark pawned items and redemption requirements and holding requirements.

I find it hard to believe a pawn shop would let a new employee do a 4473.

I would ask to see the 4473 to see when it was sold and who sold it.

I'm sure the local police will help.

they would tell you to fuck off. as they should.

Posted: 3/31/2012 6:59:18 AM EDT

[#33]

It's possible they didn't sell it.

The owner wants it and wants to see what he can get you to take for it instead.

Call the cops and ATF now. There's no way a "new guy" was allowed to fuck this up.

They're playing you for a fool.

Posted: 3/31/2012 7:01:15 AM EDT

[#34]

Quoted:
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...

DO THIS

Posted: 3/31/2012 7:01:53 AM EDT

[#35]

Your shotgun could be used in a crime someday. You need to be able to honestly say that you sold/transferred it to the pawn shop.

Go and talk to the owner one last time. Decide what it will take for you to be satisfied. Maybe they can throw in a handgun or something. Show them that you are a reasonable guy. Get the name of the person that told you it was sold by a “new guy”.
If you aren’t getting what you want, show them drafts of a few documents that you have prepared in advance:
-Your letter to the ATF. Tell the ATF that you are concerned that your shotgun may be used in a crime someday, and that you no longer have possession of your shotgun because the pawn shop has admitted that they erroneously transferred it to someone unknown to you (possibly a criminal) in error.
-Small Claims Court filing. Fewer details than your original post. Two or three sentences maximum. Include the name of the person that told you it was erroneously sold by a “new guy”. You can explain the rest to the judge during a ten minute trial.
-Gunbroker sales of comparable shotguns. Like maybe this one.
http://www.gunbroker.com/Auction/ViewItem.aspx?Item=274407855

Tell them that you've been to small claims court before, and you don't like it because you always have to wait around for a couple of hours.

If the pawn shop won’t settle, send the letter to the ATF, and file the Small Claims suit. Small Claims courts hear these issues all the time. It’s really easy. Your pay taxes to support this court.
You don't need a lawyer in Small Claims court. Just tell the judge that you're out $xxx and prove it to the judge. Bring something like printouts of some Gunbroker sales that show sales of comparable shotguns. The judge won’t care about ATF and firearm regulations, but he’ll just be concerned with financial damages.

Good luck.

Posted: 3/31/2012 7:04:02 AM EDT

[#36]

Quoted:
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.

THey have the buyers contact info. They should call him and explain the error and tell him to return the damn gun. If not call the ATF. Guns taken on pawn shouldnt even be stroed with for sale gune IMHO

Posted: 3/31/2012 7:04:21 AM EDT

[#37]

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.

Lawyers typically work on a retainer fee for businesses depending on the arrangements, you may pay a fee of say 2k per year. It's not uncommon.

Posted: 3/31/2012 7:05:34 AM EDT

[#38]

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.

this

Posted: 3/31/2012 7:06:54 AM EDT

[#39]

Quoted:
Your shotgun could be used in a crime someday. You need to be able to honestly say that you sold/transferred it to the pawn shop.

Go and talk to the owner one last time. Decide what it will take for you to be satisfied. Maybe they can throw in a handgun or something. Show them that you are a reasonable guy. Get the name of the person that told you it was sold by a “new guy”.
If you aren’t getting what you want, show them drafts of a few documents that you have prepared in advance:
-Your letter to the ATF. Tell the ATF that you are concerned that your shotgun may be used in a crime someday, and that you no longer have possession of your shotgun because the pawn shop has admitted that they erroneously transferred it to someone unknown to you (possibly a criminal) in error.
-Small Claims Court filing. Fewer details than your original post. Two or three sentences maximum. Include the name of the person that told you it was erroneously sold by a “new guy”. You can explain the rest to the judge during a ten minute trial.
-Gunbroker sales of comparable shotguns. Like maybe this one.
http://www.gunbroker.com/Auction/ViewItem.aspx?Item=274407855

Tell them that you've been to small claims court before, and you don't like it because you always have to wait around for a couple of hours.

If the pawn shop won’t settle, send the letter to the ATF, and file the Small Claims suit. Small Claims courts hear these issues all the time. It’s really easy. Your pay taxes to support this court.
You don't need a lawyer in Small Claims court. Just tell the judge that you're out $xxx and prove it to the judge. Bring something like printouts of some Gunbroker sales that show sales of comparable shotguns. The judge won’t care about ATF and firearm regulations, but he’ll just be concerned with financial damages.

Good luck.

find out if your small claims court allows for subpoenas of documents. Subpoena the 4473 on which your shotgun was allegedly sold, subpoena the pawn shop agreement and all records related to the pawning of your shotgun, and subpoena their employment records to prove or disprove wehther they have a "new guy" on staff.

Posted: 3/31/2012 7:07:36 AM EDT

[#40]

Haven't read all the post but if they sold it wouldn't they have record of who the sold it too? They got your gun man. They would be getting me a new one. Small claims you don't need a lawyer for something this simple. Wouldn't surpise me that after they got served that they wouldn't contact you as not to go to court about it if you drop it. Be sure to include the cost of the filing fee in your $ number.

How would they sell it by mistake anyway? It's not like it's out on display

Posted: 3/31/2012 7:11:22 AM EDT

[#41]

So they stole your firearm... and sold it? As I see it the pawnshop claimed that they had ownership of the firearm when they did the transfer. If they're buying and selling firearms they need an FFL. If they're not accounting for firearms they're in violation of AFT regs. If they sold a stolen item then that is on them. Not sure about Texas law but here, possession of a stolen item is a crime, in any matter the stolen item should be returned to rightful owner. I would contact local athorities, report the item stolen. At the point when you paid off the loan I would have wanted my $15 back as well as a reciept for the firearm, anything less and I would have called the cops on the spot. Their was no work to be completed at that time. It would be like going to a store buying mechandise, and then the store taking your money and not letting you walk out with your property. If you don't have a reciept you don't have any evidence and they can claim that they gave you the item back. Don't pay before you have the item in hand.

Contact local law enforcement, issuing authority of liscenses as well as the ATF. You can always contact them later and let them know if the issue has been resolved but the pawn shop still needs to be held accountable for their actions even after they resolve the issue for you.

Posted: 3/31/2012 7:11:28 AM EDT

[#42]

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.

590A1=WIN!!!!

Posted: 3/31/2012 7:13:19 AM EDT

[#43]

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 the 590 is better. Price means nothing.

Posted: 3/31/2012 7:13:32 AM EDT

[#44]

Tell them you will need to phone a buddy and have him come down to the shop.

Posted: 3/31/2012 7:15:32 AM EDT

[#45]

if they were concerned about getting your gun back then they would have called the buyer to bring it back. Small claims court is no lawyers allowed I think. Just you and him. Ask for the M2 plus a handgun of your choice. Make a phone call to whoever is in charge of Pawn licensing in TX to a file a complaint. Don't settle for a "fair resolution". You'll be kicking yourself later for being nice. You and the guy had a contract and he broke it. He's not looking out for you. He's just trying to make you go away.

Posted: 3/31/2012 7:22:34 AM EDT

[#46]

Quoted:

Quoted:

The laws regarding pawn shops differ by state. In Kansas we can buy an item and place it for sale right then. Las Vegas makes the pawn shops sit on the item for 30 days before selling.

On a pawned item, under KS law, we can not put the item up for sale until the customer has gone 90 days without making a payment.

I didn't sell the item though, I got a pawn loan. They were supposed to hold it for 60 days before selling it, that's what my pawn ticket says.

The pawn shop is suppose to segregate pawned items from for sale items.

Texas also requires employee training and registration within 75 days?.( check my prior link to regulations).

I would think that the first thing an employee would learn is to mark pawned items and redemption requirements and holding requirements.

I find it hard to believe a pawn shop would let a new employee do a 4473.

I would ask to see the 4473 to see when it was sold and who sold it.

I'm sure the local police will help.

they would tell you to fuck off. as they should.

I imagine they probably would, mainly because I get the feeling it is sitting in someones safe that works there.

Posted: 3/31/2012 7:25:25 AM EDT

[#47]

So the guy doesn't have his gun and already paid back the money owed? That sounds like the very definition of robbery to me. Just because a 4473 was done doesn't mean it wasn't STOLEN from the OP. I'm sure local law enforcement and ATF have some interest in a pawn shop selling stolen goods.

Posted: 3/31/2012 7:25:41 AM EDT

[#48]

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.

+1

it will cost a lot more to sue for the right gun, than the gun itself costs. And it will take months if you're lucky. You can threaten legal action, but this is a Pawn Shop. I doubt they'll take you seriously until you're All-In, and even then they might lie, cheat or steal to cover their own asses.

Chalk this up to experience, cut your losses and take the display model they're offering (I'm surprised you're going to even get THAT much). Advice about negotiating for the difference in value is also good. Getting pissed off and ranting won't help anyone though... so good luck with what you pursue.

I can tell you that, having been the victim of breech of contract myself once or twice - even with notarized documents, signatures, and photo documentation... You almost always still get screwed in the end. Only difference is how many lawyers make money off of you in the process.

Posted: 3/31/2012 7:31:35 AM EDT

[#49]

I do not believe for one second this was a "mistake". The owner / employee / manager / whatever knew this gun was a gem, and assumed you would not be back, or was just a big enough shyster to think that he could get away with this story. Most pawn shops just don't usually have this nice of a gun, 95% of the guns they have are nowhere near this quality. I would go see him and give him one last chance to return your firearm. If not, stand your ground, lawyer up & contact ATF. Local authorities will be zero help on this one.

Posted: 3/31/2012 7:32:18 AM EDT

[#50]

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.

+1

it will cost a lot more to sue for the right gun, than the gun itself costs. And it will take months if you're lucky.

Chalk this up to experience, cut your losses and take the display model they're offering (I'm surprised you're going to even get THAT much).

So when the .gov says to turn in your guns you're just going to cower and take it? There's this whole legally binding contract involved and small claims court is not thousands of dollars to do. On top of OP should be reimbursed any legal fees in regards to returning his weapon or money.

[ARCHIVED THREAD] - Pawnshop sold my gun in error - Update 4/1/12 (Page 2 of 10)

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