Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
Member Login

Site Notices
Arrow Left Previous Page
Page / 3
Posted: 9/9/2013 10:25:47 AM EDT
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?
Link Posted: 9/9/2013 10:27:19 AM EDT
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

ETA.  you can file a claim in the courts to have the thief pay you back as part of the sentence.
Link Posted: 9/9/2013 10:27:27 AM EDT
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.
Link Posted: 9/9/2013 10:27:30 AM EDT
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?
View Quote


Call the POPO
Link Posted: 9/9/2013 10:27:47 AM EDT
I would hope not. Stolen property should go bak to the owner, and the Pawn shop can sue the criminal in smalls claims court to get thier money back.
Link Posted: 9/9/2013 10:28:20 AM EDT
No a pawn shop can not sell illegally obtained stuff. I thought they had to hold merchandise 30 days before being able to list it for sale? You should have a police report write up if it's stolen as you say, should have serial number listed in report. Bring police with said police report recording serial # along with make and model listed probably & they should be told to return it.

ETA:Spelling
Link Posted: 9/9/2013 10:28:32 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.
View Quote

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?
Link Posted: 9/9/2013 10:28:53 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Call the POPO
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?


Call the POPO


This. Something about receipt of stolen property.

Signed,

Asshole Attorney
Link Posted: 9/9/2013 10:30:05 AM EDT
Yes they can and once the Cops get it and confiscate it, you won't see the gun for at least a year or 2.

If you want it immediatly, go talk to the pawn broker and see if you can get it for cost etc. otherwise wait a couple years.
Link Posted: 9/9/2013 10:32:34 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



We report everything that we pawn or buy each day at the close of business.  We have no way of knowing if something was stolen.  


If I take something that is reported stolen, then I get notified by the PD to "hold it" until things are resolved.  However the guy whose property is stolen has to buy his property back from me for what I paid or loaned on it.

He can then have the courts make the thief pay him back as restitution  

Link Posted: 9/9/2013 10:34:32 AM EDT
I recently had the same experience . I frequent the shop and told the owner about the situation .
The owner broke it down for me .
option 1 - Get the PoPo involved . They would seize the gun and I could go to court and prove that it was stolen and get it back .
option 2 - pay what he paid to the seller of my stolen property and get it back that way .
I went with the path of least resistance
Link Posted: 9/9/2013 10:38:13 AM EDT
You should definitely confirm the serial number by posing as an interested shopper.

You should definitely ask nicely for the return of your property if the SN is confirmed.

If the shop owner gives you static, you should definitely not retrieve an AR-15 from your vehicle and liberate your property from the felon.
Link Posted: 9/9/2013 10:41:16 AM EDT
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?
View Quote



Who stole it?  Have you pressed charges?

Edit:  I ask this because there is a distinct lack of details.  Look at it from the pawnshops perspective, the gun may be stolen because you say it is.  However until the criminal who stole it is actually convicted of stealing it, based on your testimony and that of your mother, it could just be a quarrel between you and the seller.

Link Posted: 9/9/2013 10:41:39 AM EDT
As I re-read you post, you said that a "felon" stole your gun.  If the guy was truely a felon before he stole the gun, then the cops are not likely to release the gun.  It will be held as evidence in the scumbags trial for "Felon in Possession"


I am still sitting on a cheap Jennings 22 that I bought  3 years ago.  The guy that sold it to me was a felon.  The gun was not stolen, but I am still sitting on it waiting for the cops to catch him and prosecute him for the charges.
Link Posted: 9/9/2013 10:43:36 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



They are an "innocent purchaser for value". That's how they avoid the possession of stolen property.
Link Posted: 9/9/2013 10:45:09 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.
View Quote


This.
Link Posted: 9/9/2013 10:52:59 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.


This.


And if the guy that sold it says she sold it to him for cash?  What then?
Link Posted: 9/9/2013 10:54:24 AM EDT
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?
View Quote


In NC, VA and SC do this:

1: File a police report

2: Have supporting paperwork ready

3. Be prepared to pay only the principal

4: Be polite, seriously

Our laws state that we HAVE to hold guns for 30 days + 10 day grace so 40 days total.

No they cannot and ethically should not keep it , however to relinquish it there must be LE forms to make it "right" with the BATFE.

What we do is this: you come in with a LEO and we establish it is yours I get the 175.00 back and you're on your way. I handle the 4473 with the LEO.

Good luck
Link Posted: 9/9/2013 10:58:03 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



They are an "innocent purchaser for value". That's how they avoid the possession of stolen property.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



They are an "innocent purchaser for value". That's how they avoid the possession of stolen property.

Does the same legal theory hold true for private purchasers? Meaning if I, as a private citizen, purchase an item for far less than the market value and it is later discovered by the police to be stolen, the original victim has to pay me what I paid for the item and then chase the original thief for the monetary restitution?

It seems, to me, that the civil beef is between the thief and the party that was defrauded out of money for the stolen property, not the thief and the original victim of the theft.

Funny, a great many jurisdictions use the fact that the receiver of stolen goods paid far less than market value for them as prima facia evidence that the receiver knew it was stolen. I wonder why pawn shops aren't held to the same standards.
Link Posted: 9/9/2013 11:00:44 AM EDT
How do you prove ownership without a receipt, as in FTF transactions? Sounds like you'd be up shit creek.
Link Posted: 9/9/2013 11:01:07 AM EDT
Link Posted: 9/9/2013 11:02:22 AM EDT
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?
View Quote

Do you have a police report? I will only release it back to the person who pawned it, and in most cases the cops here know a pawn shop has something before the owner does (weekly reporting). If you do have a police report, I still won't hand ii straight over, I will however call the cops and tell them I have your (insert item here, gun in your case), they will file an administrative warrant and pick up the item. My loss will be added to the court ordered restitution and the cops get your gun back to you, around here its the only way to recover my loss.
Link Posted: 9/9/2013 11:04:05 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Does the same legal theory hold true for private purchasers? Meaning if I, as a private citizen, purchase an item for far less than the market value and it is later discovered by the police to be stolen, the original victim has to pay me what I paid for the item and then chase the original thief for the monetary restitution?

It seems, to me, that the civil beef is between the thief and the party that was defrauded out of money for the stolen property, not the thief and the original victim of the theft.

Funny, a great many jurisdictions use the fact that the receiver of stolen goods paid far less than market value for them as prima facia evidence that the receiver knew it was stolen. I wonder why pawn shops aren't held to the same standards.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



They are an "innocent purchaser for value". That's how they avoid the possession of stolen property.

Does the same legal theory hold true for private purchasers? Meaning if I, as a private citizen, purchase an item for far less than the market value and it is later discovered by the police to be stolen, the original victim has to pay me what I paid for the item and then chase the original thief for the monetary restitution?

It seems, to me, that the civil beef is between the thief and the party that was defrauded out of money for the stolen property, not the thief and the original victim of the theft.

Funny, a great many jurisdictions use the fact that the receiver of stolen goods paid far less than market value for them as prima facia evidence that the receiver knew it was stolen. I wonder why pawn shops aren't held to the same standards.



Nobody knows what "far less than market value" is in the context of a pawn shop. I've seen people pawn $800 shotguns for $100, 'cause it was all the money they needed at the time and they didn't want to have to pay anymore interest than what they had to. Then something happened and they lost the $800 gun on a $100 loan.....
Link Posted: 9/9/2013 11:04:26 AM EDT
I found this about the Arkansas law on it for the person who said they have to pay for it in their state:


According to the Arkansas Code Section 18-27-202:

“When any pawnbroker in this state shall, in good faith or otherwise, acquire, by purchase, pawn, gift, or otherwise, any article of personal property which has been stolen from the owner thereof, the pawnbroker shall return the personal property to the true owner thereof upon his or her request and the execution of his or her affidavit of possession.”

Link Posted: 9/9/2013 11:04:48 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?

I can't turn it over to the owner here, I have to turn it over to the cops who use it as evidence to get the guy charged, my restitution and the gun (or any item) returned to the owner.
Link Posted: 9/9/2013 11:05:29 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
How do you prove ownership without a receipt, as in FTF transactions? Sounds like you'd be up shit creek.
View Quote

Generally speaking, if I'm buying something with a serial number, from a stranger, I get a receipt. Particularly on firearms.
Link Posted: 9/9/2013 11:08:08 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


In NC, VA and SC do this:

1: File a police report

2: Have supporting paperwork ready

3. Be prepared to pay only the principal

4: Be polite, seriously

Our laws state that we HAVE to hold guns for 30 days + 10 day grace so 40 days total.

No they cannot and ethically should not keep it , however to relinquish it there must be LE forms to make it "right" with the BATFE.

What we do is this: you come in with a LEO and we establish it is yours I get the 175.00 back and you're on your way. I handle the 4473 with the LEO.

Good luck
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?


In NC, VA and SC do this:

1: File a police report

2: Have supporting paperwork ready

3. Be prepared to pay only the principal

4: Be polite, seriously

Our laws state that we HAVE to hold guns for 30 days + 10 day grace so 40 days total.

No they cannot and ethically should not keep it , however to relinquish it there must be LE forms to make it "right" with the BATFE.

What we do is this: you come in with a LEO and we establish it is yours I get the 175.00 back and you're on your way. I handle the 4473 with the LEO.

Good luck



Same thing I was told by a Pawn Shop owner here.  He gets his cost for the item back and you get the item and the responsibility to get the money back from the thief
Link Posted: 9/9/2013 11:10:16 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Nobody knows what "far less than market value" is in the context of a pawn shop. I've seen people pawn $800 shotguns for $100, 'cause it was all the money they needed at the time and they didn't want to have to pay anymore interest than what they had to. Then something happened and they lost the $800 gun on a $100 loan.....
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



They are an "innocent purchaser for value". That's how they avoid the possession of stolen property.

Does the same legal theory hold true for private purchasers? Meaning if I, as a private citizen, purchase an item for far less than the market value and it is later discovered by the police to be stolen, the original victim has to pay me what I paid for the item and then chase the original thief for the monetary restitution?

It seems, to me, that the civil beef is between the thief and the party that was defrauded out of money for the stolen property, not the thief and the original victim of the theft.

Funny, a great many jurisdictions use the fact that the receiver of stolen goods paid far less than market value for them as prima facia evidence that the receiver knew it was stolen. I wonder why pawn shops aren't held to the same standards.



Nobody knows what "far less than market value" is in the context of a pawn shop. I've seen people pawn $800 shotguns for $100, 'cause it was all the money they needed at the time and they didn't want to have to pay anymore interest than what they had to. Then something happened and they lost the $800 gun on a $100 loan.....

Market value, inside of a pawn shop or not, is what a person could reasonably expect to pay for the same item elsewhere. While I will grant that pawn shops are a bit of a grey area you belie your original point when you say "a shotgun worth 800 dollars."

All of that aside, you neglected to address the meat of my post regarding my question about whether or not the legal theory is the same for private parties.
Link Posted: 9/9/2013 11:10:27 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



We report everything that we pawn or buy each day at the close of business.  We have no way of knowing if something was stolen.  


If I take something that is reported stolen, then I get notified by the PD to "hold it" until things are resolved.  However the guy whose property is stolen has to buy his property back from me for what I paid or loaned on it.

He can then have the courts make the thief pay him back as restitution  

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



We report everything that we pawn or buy each day at the close of business.  We have no way of knowing if something was stolen.  


If I take something that is reported stolen, then I get notified by the PD to "hold it" until things are resolved.  However the guy whose property is stolen has to buy his property back from me for what I paid or loaned on it.

He can then have the courts make the thief pay him back as restitution  



Here, the guy doesn't even get the opportunity to buy  it back from me, I have to turn it over to the PD and then I have to try and get the restitution from the thief.
Link Posted: 9/9/2013 11:11:14 AM EDT
A pawnshop is required by law to cooperate with the Police. File a Police report immediately and if you have proof of purchase for the gun from your mom, include a copy too. The Police will pick up the gun and it will be held as evidence and eventually returned to you.  Document , document, and document.  A pawnbroker is not just going to listen to you when you walk in and claim the gun is yours. They need proof.
Link Posted: 9/9/2013 11:12:15 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I recently had the same experience . I frequent the shop and told the owner about the situation .
The owner broke it down for me .
option 1 - Get the PoPo involved . They would seize the gun and I could go to court and prove that it was stolen and get it back .
option 2 - pay what he paid to the seller of my stolen property and get it back that way .
I went with the path of least resistance
View Quote

I don't have that option, I can only release it to the pledger or the cops (with the rare exception of a death certificate or a legal PoA).
Link Posted: 9/9/2013 11:13:38 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You should definitely confirm the serial number by posing as an interested shopper.

You should definitely ask nicely for the return of your property if the SN is confirmed.

If the shop owner gives you static, you should definitely not retrieve an AR-15 from your vehicle and liberate your property from the felon.
View Quote

The shop is not the felon, the shop is also a victim, what you are advocating (no mater how underhanded) is armed robbery.
Link Posted: 9/9/2013 11:14:33 AM EDT
Dude... Havent you seen pawn stars? If they buy stolen stuff then they have to hand it over to the PD and lose what ever money they have tied into it. DUH
Link Posted: 9/9/2013 11:14:35 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Who stole it?  Have you pressed charges?

Edit:  I ask this because there is a distinct lack of details.  Look at it from the pawnshops perspective, the gun may be stolen because you say it is.  However until the criminal who stole it is actually convicted of stealing it, based on your testimony and that of your mother, it could just be a quarrel between you and the seller.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?



Who stole it?  Have you pressed charges?

Edit:  I ask this because there is a distinct lack of details.  Look at it from the pawnshops perspective, the gun may be stolen because you say it is.  However until the criminal who stole it is actually convicted of stealing it, based on your testimony and that of your mother, it could just be a quarrel between you and the seller.


Which is why I only release to the pledger or the cops.
Link Posted: 9/9/2013 11:16:46 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.


This.

Nope, I will have to turn it over to the PD (usually detective on the case) when they in with an admin warrant.
Link Posted: 9/9/2013 11:18:52 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Nope, I will have to turn it over to the PD (usually detective on the case) when they in with an admin warrant.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.


This.

Nope, I will have to turn it over to the PD (usually detective on the case) when they in with an admin warrant.

Pretty sure this varies depending on jurisdiction.
Link Posted: 9/9/2013 11:19:01 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Here, the guy doesn't even get the opportunity to buy  it back from me, I have to turn it over to the PD and then I have to try and get the restitution from the thief.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



We report everything that we pawn or buy each day at the close of business.  We have no way of knowing if something was stolen.  


If I take something that is reported stolen, then I get notified by the PD to "hold it" until things are resolved.  However the guy whose property is stolen has to buy his property back from me for what I paid or loaned on it.

He can then have the courts make the thief pay him back as restitution  



Here, the guy doesn't even get the opportunity to buy  it back from me, I have to turn it over to the PD and then I have to try and get the restitution from the thief.

I shouldn't have to pay for my stolen gun, which I already paid for once, then expect a thief to pay me back.  The only place they seem to be able to get money is a pawn shop.
Link Posted: 9/9/2013 11:20:31 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Pretty sure this varies depending on jurisdiction.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Pretty sure that if you bring a LEO in with you and proof that it belongs to your mother, they have to return it.


This.

Nope, I will have to turn it over to the PD (usually detective on the case) when they in with an admin warrant.

Pretty sure this varies depending on jurisdiction.

I'm sure it does, I speak only for my AO and how it works here.
Link Posted: 9/9/2013 11:21:30 AM EDT
Can a pawnshop do that...yeah.



Stolen..how so. A house burglary, car burglary, a friend of the family, or a family member?



I remember back in the day, the cops would just go with and put a habeus grabus on the item and return to the owner...and then pretty much forgot about the pawnshop broker...the thief was maybe a family member and the family didnt want to pursue anything, or the property owner not want to particapate in the court processes...any number of circumstance



A few lawsuits later, the process now includes the police must produce a report, and a copy of the arrest warrant for the subject who pawned the item (the warrants gained by the vcitim signing an affidavit). The property is taken in by the police and held as evidence. If the victim later wants to drop charges...it will have to go before a judge, and the police will ask for reimbursement of costs, and the pawn broker will have to be paid.



Or, if the pawn is complicated by time, who pawned it, etc., the police may just go forward with a search warrant and seize the property; that way...its a little more work. The pawnshop broker, if he feels he's been wronged can ask for a hearing, as can the property owner, and a judge issuing the warrant decides if the item is no longer needed as evidence, and/or who gets it.



The pawn broker can also sign a criminal affidavit for the fraud or false pretense of the loan.



And, yes, restitution can be ordered, after all else, including state first, court costs, fees, probation fees, then to the initial victims...then somewhere down the line the pawshop broker may see something.
Link Posted: 9/9/2013 11:24:37 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I shouldn't have to pay for my stolen gun, which I already paid for once, then expect a thief to pay me back.  The only place they seem to be able to get money is a pawn shop.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
It depends on your State laws.  In Arkansas you have to pay the amount that was loaned as a minimum.

How, exactly, does the shop get off the hook for posession of stolen property when you file your police report and they refuse to give it back to the rightful owner without payment?



We report everything that we pawn or buy each day at the close of business.  We have no way of knowing if something was stolen.  


If I take something that is reported stolen, then I get notified by the PD to "hold it" until things are resolved.  However the guy whose property is stolen has to buy his property back from me for what I paid or loaned on it.

He can then have the courts make the thief pay him back as restitution  



Here, the guy doesn't even get the opportunity to buy  it back from me, I have to turn it over to the PD and then I have to try and get the restitution from the thief.

I shouldn't have to pay for my stolen gun, which I already paid for once, then expect a thief to pay me back.  The only place they seem to be able to get money is a pawn shop.

110% agree with you. Here I have to file(well to be fair, the DA does in on my behalf) for restitution, but I have to turn the item over to the cops, I don't have the option of giving it to the owner.
Link Posted: 9/9/2013 11:30:48 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Call the POPO
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?


Call the POPO



Call the ATF on the shop for having a stolen gun.
Link Posted: 9/9/2013 11:32:28 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I recently had the same experience . I frequent the shop and told the owner about the situation .
The owner broke it down for me .
option 1 - Get the PoPo involved . They would seize the gun and I could go to court and prove that it was stolen and get it back .
option 2 - pay what he paid to the seller of my stolen property and get it back that way .
I went with the path of least resistance
View Quote




Well he would have been out the money either way.

You should have told him to split the cost if anything or else you don't mind waiting if he doesn't mind losing all that money.
Link Posted: 9/9/2013 11:34:08 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
As I re-read you post, you said that a "felon" stole your gun.  If the guy was truely a felon before he stole the gun, then the cops are not likely to release the gun.  It will be held as evidence in the scumbags trial for "Felon in Possession"


I am still sitting on a cheap Jennings 22 that I bought  3 years ago.  The guy that sold it to me was a felon.  The gun was not stolen, but I am still sitting on it waiting for the cops to catch him and prosecute him for the charges.
View Quote




So you are just waiting for the cops to arrest him then you are going to go tell them you bought a gun from a known fellon?
Link Posted: 9/9/2013 11:34:24 AM EDT
Under Kansas law and under our store policy...



1. All items bought or pawned are reported to the police weekly. The police will notify us of stolen property and put a hold on it.



2. If a person comes in claiming an item is stolen then we call the police. They come over make a report and the item is released to the police.



3. Most times the police release the item right there to the person.



4. We can and do file for restitution with the court, and when the thief is prosecuted part of the sentence is to reimburse us our loss.



5. We have a few people who prove that the item is theirs but will not press charges since the thief is a friend or family. On those people they pay the amount owed, less interest, and we return the items. We make them pay because without the police report we have no way to recover our loss.






Link Posted: 9/9/2013 11:35:14 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Call the ATF on the shop for having a stolen gun.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?


Call the POPO



Call the ATF on the shop for having a stolen gun.

Could, but it would be a waste of time. As long as we are reporting what comes in, not intentionally buying stolen goods, working within the laws of the jurisdiction and working with the cops, we don't have to worry about the ATF.

Link Posted: 9/9/2013 11:41:12 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Call the ATF on the shop for having a stolen gun.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
I have located a pistol that was stolen from my mother. A felon pawned it for $175. Now the pawn shop is holding it and will not release without me paying the pawn. What the fuck. Can they do that?


Call the POPO



Call the ATF on the shop for having a stolen gun.


That is already covered with the local PD/SO and will also be covered on the 4473. I don't understand your rationale.
Link Posted: 9/9/2013 11:42:58 AM EDT
Day one.

Link Posted: 9/9/2013 11:44:02 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Yes they can and once the Cops get it and confiscate it, you won't see the gun for at least a year or 2.

If you want it immediatly, go talk to the pawn broker and see if you can get it for cost etc. otherwise wait a couple years.
View Quote


And this is why people call pawn stores legal fences, and why their presence seems to result in more property crime, I believe?

Was amazing how a big one opened that specialized in small electronics for QUICK CASH!!!, and suddenly, iDevices were being grabbed from people on the street.
Link Posted: 9/9/2013 11:46:15 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The shop is not the felon, the shop is also a victim, what you are advocating (no mater how underhanded) is armed robbery.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
You should definitely confirm the serial number by posing as an interested shopper.

You should definitely ask nicely for the return of your property if the SN is confirmed.

If the shop owner gives you static, you should definitely not retrieve an AR-15 from your vehicle and liberate your property from the felon.

The shop is not the felon, the shop is also a victim, what you are advocating (no mater how underhanded) is armed robbery.


You must have missed the prominently italicized not

Additionally, all pawn shops personel are felons in reciept of stolen goods, by definition.
Link Posted: 9/9/2013 11:49:25 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:




So you are just waiting for the cops to arrest him then you are going to go tell them you bought a gun from a known fellon?


I bet you wear volunteer fireman shirts all over the place dont you?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
As I re-read you post, you said that a "felon" stole your gun.  If the guy was truely a felon before he stole the gun, then the cops are not likely to release the gun.  It will be held as evidence in the scumbags trial for "Felon in Possession"


I am still sitting on a cheap Jennings 22 that I bought  3 years ago.  The guy that sold it to me was a felon.  The gun was not stolen, but I am still sitting on it waiting for the cops to catch him and prosecute him for the charges.




So you are just waiting for the cops to arrest him then you are going to go tell them you bought a gun from a known fellon?


I bet you wear volunteer fireman shirts all over the place dont you?


Um,, No.  I reported the purchase at the end of the business day.  The local PD reviewed the gun purchases and discovered that the person selling me the gun was a felon.  A police hold was placed on the gun.  The gun will stay in my safe until the guy is convicted and the gun subsequently released.
Link Posted: 9/9/2013 11:51:29 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Quoted:


You must have missed the prominently italicized not

Additionally, all pawn shops personel are felons in reciept of stolen goods, by definition.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
You should definitely confirm the serial number by posing as an interested shopper.

You should definitely ask nicely for the return of your property if the SN is confirmed.

If the shop owner gives you static, you should definitely not retrieve an AR-15 from your vehicle and liberate your property from the felon.

The shop is not the felon, the shop is also a victim, what you are advocating (no mater how underhanded) is armed robbery.


You must have missed the prominently italicized not

Additionally, all pawn shops personel are felons in reciept of stolen goods, by definition.



Absolute horse shit.
Arrow Left Previous Page
Page / 3
Top Top