Not a bad way to go.   Of course, the BEST solution is for them to recover/return your gun (and you might want to keep hinting twords that... not so much because it'll happen, but to let the shop know that you really aren't happy with the situation).  It might give you some leverage in dealing with them.


ETA:  lucky number 7 (page)  

They want to give you the M2 because the owner has the M1 in his safe at home.

You should really push this issue to getnyour shit back

Get your M1.  It's yours.  If nothing else, do it out of principle.

A loan shark scammed you out of a gun and charged you interest at the same time.  Complain to whichever agencies regulate FFLs & Pawn Brokers; local, state & federal.

They are too stupid or too evil to be handling firearms anyway.

This...........dont give them the easy way out because it might inconvenience yourself or them

Wtf OP.  Don't cave and take the m2.
 

I just did a quick google search, an M2 is better right? If so tell them you want a brand new M2 or M4

This.



Get your M1 back or enough cash to buy a brand new one. Make a stink with the right people and their tune will change quickly.



 

So you're letting them steal your gun.  This is why they do it.  There is no downside when people allow it.

pretty much.

Pawnshops as lending institutions are heavily regulated by the penal code. If they did not follow those regs in the taking and selling of the OPs money AND shotgun it's not a "civil dispute" is a series of misdemeanors. In my state if two or more people conspire to commit a misdemeanor that itself is a seperate felony.

Cops always want to default to "its a civil issue" when its a complicated regulatory issue. I'm more of a default to arresting every employee in the business for conspiracy kinda cop.

You paid back the money loaned plus interest and all you got to show for it is this thread?  So in reality you paid a $900 gun + $15.00 to borrow $500 for one week. So you gave away $915.00 to this pawn shop and have nothing to show for it? I would not have left the pawn shop after paying back the loan in full without my gun in hand or the police taking me out.  At least then there would be a police report where the pawn shop would have to explain the disappearance which would come in handy if you sue in small claims to have their admission of loss.

WHY!!!!!!???




man,  I bet the saw you coming a mile away.  you should go ahead and pay them for the  other shotgun for all the trouble you made them go through


it must suck being such a gigantic pushover.  what a loydown

Really?  I sure hope you know exactly what you're arresting people for.  Sounds like a quick way to get yourself in trouble.  The 'arrest them all and let the judge sort it out' attitude from an LEO is the kind of thing that makes most Americans fume.

If it's too complicated of a regulatory issue for you to figure out, I'd suggest not making arrests.

This.

You guys that are insisting that the pawnshop did this intentionally (or that this is SOP for them), what evidence do you have?  

Sounds like an emotional reaction.  'ohh, it's a pawnshop.  that automatically means they're scum and will fuck you first chance they get'

The chances of a pawnbroker intentionally breaching a contract are between slim and none, notwithstanding your emotionally charged, third party anecdotes.

They fucked up, acknowledged it, and are trying to make it right.  That doesn't sound like someone that is intentionally trying to fuck someone over.  Any other ASSUMPTIONS are unwarranted, and I hope the rest of the world doesn't hold your feet to the fire as desperately as you want to when you inevitably fuck something up.

Yep. Same for tow drivers, repo men and bail enforcement agents.

Way to cave.

They are trying to make amends.  If I were you, I'd take the M1 + store credit or demand the exact same model of shotgun they sold out from under you.  No need to be a primadonna ass.

AV1611 out......

Isn't that why they exist? They sure aren't there for unicorn piss and hugs.

People wonder why shooters have a reputation for being idiots. This thread should be used as a text. I haven't seen this much concentrated stupidity since Rudy Giuliani ran for president.

This is why shooters are perceived to be paranoiacs and fools. Some of y'all need to crawl back under your rocks and shut up. You're embarassing us.

Posted Via AR15.Com Mobile

Pretty common for the store employees to cherry pick the guns that come in. I agree that it went home with an employee or a friend of an employee. If you have to have a M1 then yeah demand that. Or the cash value or whatever makes you happy, really up to you. I personally suspect that the store did something fishy but that is just me.
Locally a pawn shop employee cherry picked a large number of guns that came into the store and then sold them online for his personal profit.

You should charge them replacement cost + interest until they replace your gun.

This.  It cost you to borrow money.  What will you charge them to borrow a gun?

Another satisfying Arfcom conclusion in the making.




Hey OP, if you have any more guns that you need a loan on, let me know okay?

You pawned a new gun, I would expect a new gun in return.  Have them replace your M1 with an M2 if they can't find an M1.

Son, I am dissapoint.  

No lawyers in small claims court.

Making it right would be getting the OPs shotgun back. Anything else is NOT making it right. They absolutely KNOW who bought it or took it.

And after reading the update, OP is going to be their bitch.

<Remarks removed. -NorCal>

I would still demand my original shotgun returned. You gave them the money plus interest. They need to pony up your shotgun.

According to this regulations shown below they shouldn't have taken my loan repayment.  But when I was in the shop they asked for it before they would do the paperwork.  They have also not offered to return my loan payment that I made.  I was also to be informed that I must wait 91 days before seeking a court remedy, which they didn't do.

I haven't capitulated yet.   Geeze.


<<Prev Rule
Texas Administrative Code

Next Rule>>
TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 85PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS
SUBCHAPTER ARULES OF OPERATION FOR PAWNSHOPS
DIVISION 4OPERATION OF PAWNSHOPS
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.
(b) Acceptance of payments. Any payment may not be accepted from the pledgor and the original pawn ticket must be returned when pledged goods are:
 (1) lost and not replaced;
 (2) damaged and not restored to the condition at the time pledged; or
 (3) unavailable for redemption.
(c) Accrual of pawn service charges. No pawn service charge may be earned after a pledgor offers to redeem, renew, or extend pledged goods through the date the pledged goods or equivalent replacements are available for redemption and that fact is communicated to the pledgor.
(d) Documentation. Certain information must be retained concerning pledged goods that have been lost or damaged. The information may be recorded in the numerical pawn ticket file or in the automated records of the pawn transaction, must be readily available for examination, and must include the following information:
 (1) date of discovery of the loss or damage;
 (2) pawn ticket number;
 (3) identification of the lost or damaged property;
 (4) evidence of delivery of the disclosure required in subsection (e)(6) of this section;
 (5) date of resolution; and
 (6) manner in which the matter was resolved.
(e) Communications with pledgors.
 (1) A pledgor must not be misled as to the pawnbroker's liability whether through any posting, oral statements, or any other conduct.
 (2) A prompt attempt must be made to satisfy the pledgor by repairing or replacing the lost or damaged goods.
 (3) A pledgor may not be advised that the replacement of lost or damaged pledged goods will be accomplished in any manner that is more limited than replacement with like kind goods or restoration of damaged goods to the condition at the time pledged.
 (4) Replacement items must be made available for the pledgor's inspection at the same location where a pledgor would redeem, renew, or extend the pawn transaction.
 (5) A pledgor must be informed that the pledgor has a right to have the like kind replacement or restoration reviewed by the OCCC in accordance with subsection (h) of this section and that no judicial remedy may be sought until 91 days after a complaint has been filed with the OCCC.
 (6) When an attempt or offer to redeem, renew, or extend a pawn transaction is made and it is known or learned that pledged goods have been lost or damaged, the pledgor must accurately be informed of the facts of the situation, the status of the pledged goods, the pawnbroker's responsibility under Texas Finance Code, Chapter 371, and the pledgor's rights under paragraph (5) of this subsection. A model disclosure is provided in the following example.

You must love to get fucked.





Not only did you do it yourself once, but now twice. I have no pity at this point.
 

This sounds a bit stupid to me, but I guess if you don't mind the wear and tear, the plastic trigger guard, and the general incompetence and possible outright trickery, sure, let 'em hose ya. Me, I'd hold out for my NIB gun or complete refund. This one doesn't sound like an even trade at all. Plus, they wasted your time.

I wouldn't settle. I'd want the original gun back. They have the sale info on the 4473. Not that hard. Working in a gun shop proviously, we had to recall a sold firearm. It happens. They can get the gun back, I'd bet an employee or owner has it and does not want to give it up.



About 10 years ago, I was wrongly arrested. I had a fair sized gun collection. From jail, I asked close friends to take several guns into a local pawn shop to get my bail money to get me the hell out of jail (back before I became an LEO) and they did.



I went in a week later to retrieve my firearms. One employee stated they were really hoping I wouldn't return for them. One of the guns was an HK branded Benelli S90M1, with all the trick stuff including Surefire forestock. It took them about 30 minutes to find a couple of them. They were "lost" for a short time. When I mentioned that maybe I should make a police report to the pawn shop detail, they magically appeared.



Don't settle. I'd want the M1 over the M2.

Its was a national chain.  I don't know who the owner is.  They claim its was an honest mistake but cannot get the gun back.  I really can't afford attorney's and what not.  Geebus.

I bought an SKS from a pawnshop once exactly like this. They did not have the right to sell it. The sheriff came and got the gun from me and I had to persue the pawn shop in small claims. I'm fairly confident your gun has been stolen by the pawn shop, even if they did not intend so. Contact the sheriff and report it stolen.

I.C.

M1 or go home...





Don't be a pussy.


 

I'd want a Benelli M2 Field 24" to replace it.  I would take a used one if they could find it.  New one if not.

You don't need an attorney, you need balls and the right attitude.  

This is not that hard.

me too

They are claiming it was sold online to a buyer out of state, that is why they cannot get it back.  

They know where the gun is (4473).  It wasn't theirs to sell.  Tell them to contact whomever bought YOUR gun and get it returned, or you'll take a NIB M1.  If they give you the run-around, then get the police and whatever agency regulates pawn shops involved and tell the pawn shop that you're doing so.  If you won't do something that simple (no cost to you), then  you're either totally spineless (no offense) or your OP was a troll.  This really isn't that complicated.

Great.  Then they can replace it. Pretty simple, really.  You had a contract.

sounds like their problem not your, time tlo cal the Tx AG.

Oh, so you're letting them get away with this fuck up. Good for you.

Utter BS from them or you.  Are you sure that you didn't pull an April Fools a day early on us?

How the heck would an out of state buyer even know about it?  Does this shop do online auctions?  You might do a search on Gunbroker and Auction arms and see if it pops up.

They might as well tell you they sold it to an alien who is in an unknown galaxy right now. It would be just as believable. Their excuses don't matter. The fact is they sold YOUR gun and owe you for them either being thieves or idiots.