Pawnshop sold my gun in error - Update 4/1/12 - Page 5

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[ARCHIVED THREAD] - Pawnshop sold my gun in error - Update 4/1/12 (Page 5 of 10)

Posted: 3/31/2012 1:45:44 PM EDT

[#1]

Quoted:
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.

+1

Posted: 3/31/2012 1:52:35 PM EDT

[#2]

Call the ATF!....Call the ATF!....

I thought most of ARF wanted them gone.

I'm confused.

Posted: 3/31/2012 2:04:42 PM EDT

[#3]

Quoted:
Call the ATF!....Call the ATF!....

I thought most of ARF wanted them gone.

I'm confused.

They specialize in fucking people over.

If we can't get rid of them, we can at least use them to fuck over people who need to be fucked over.

Posted: 3/31/2012 2:07:19 PM EDT

[#4]

Still confused.

Posted: 3/31/2012 2:26:12 PM EDT

[#5]

Quoted:
My bet is that if you walk in there with a property crimes detective they will miraculously locate it.

I am not buying their line of bullshit.

Yup. This is a little side business they have going. where they get a free upgrade on their inventory. Or its a friends and family racket they got going on. Either way, if you make enough noise they will magically locate that gun so fast. They arent going to take a financial hit on this. when they realize you arent going to roll over they will cough up your gun quick. I will bet a membership on it. That said I would still file complaints on them anywhere I could. Their bs is not my problem, and education isnt cheap. Make a few copies of that claim ticket today. I would only show them the copy so they dont take it to look it over and magically lose your claim ticket too. Sounds like a bunch of scum bags to me.

Posted: 3/31/2012 2:43:51 PM EDT

[#6]

Quoted:
I will bet a membership on it.

I'll take that bet.

I do not believe this is a side business at all (at least on the part of ownership/management, rogue employee notwithstanding).

Posted: 3/31/2012 2:45:43 PM EDT

[#7]

Quoted:

Quoted:
My bet is that if you walk in there with a property crimes detective they will miraculously locate it.

I am not buying their line of bullshit.

Yup. This is a little side business they have going. where they get a free upgrade on their inventory. Or its a friends and family racket they got going on. Either way, if you make enough noise they will magically locate that gun so fast. They arent going to take a financial hit on this. when they realize you arent going to roll over they will cough up your gun quick. I will bet a membership on it. That said I would still file complaints on them anywhere I could. Their bs is not my problem, and education isnt cheap. Make a few copies of that claim ticket today. I would only show them the copy so they dont take it to look it over and magically lose your claim ticket too. Sounds like a bunch of scum bags to me.

Agreed 100%
One question - is this a small shop, in other words how many employees on an average day? The small ones here seem to be the slimy ones. Also, 99% of shops have their inventory and records on computer, a "mistake" like they claim would be practically impossible.

Posted: 3/31/2012 2:45:56 PM EDT

[#8]

Quoted:

Quoted:

You're got 'em by the short hairs. Make them order you an M2 M4.

Exactly what I was scrolling down to post.

Posted: 3/31/2012 2:49:58 PM EDT

[#9]

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

Which would be the best option, but lawyers cost money.

Posted: 3/31/2012 2:50:11 PM EDT

[#10]

Quoted:
Sounds like it's a big outfit, and the real chance of an employee doing something shady is high. If they have a M2 at another location, they're not a single store, mom and pop type place where the owner is all giddy about stealing this shotgun.

So, the idea that a 'new' employee, or an employee that is acting outside of company policy (and contractual obligations) is high. The chances that this was the decision of someone of authority within the pawnshop are slim.

But, now the shop has to make it right. As others have said This is not a criminal issue. This is a civil issue. If you call the cops or the ATF, you'll get nothing from them. You people that think otherwise and are ripe with righteous indignation have no experience in the real world.

To reiterate some of the good advise here...
1) Don't go in with the attitude that they stole from you and now owe you 2 quarts of blood. Someone in the store fucked up, and someone else higher up the chain is going to make it up.
2) Negotiate with them, save the nuclear options for later. Especially since the nuclear options will limit your restitution.

I'll bet that if you tell them you want the M2, any one handgun in the case, and your $15, they'll give it to you just to get you out of their hair. If you don't want the M2 ask them for $1500-2000 in store credit (on their margins, they'd probably still come out without a loss). If you do go nuclear, and take them to court, you'll probably only get what the judge thinks the M1 was worth, and I'd bet dollars to donuts he won't give a fuck if it's NIB or if it's discontinued. You'll probably get the equivalent of the M2 and not the extra gun or other item they'd freely give you keeping out of court. Keep in mind that since they've already offered to work with you (by giving you the M2), if you ask for too much, a judge or administrate adjudicator might not be so apt to give you much more, as you'll look unreasonable.

Are you a police officer, ATF agent, or someone who has personal experience with this exact situation? I only ask because actual LEO's have voice opinions contrary to yours on it being a criminal matter. You are entitled to your opinion, but some background on why you feel this way would go a long way.

Posted: 3/31/2012 2:59:35 PM EDT

[#11]

Quoted:

Are you a police officer, ATF agent, or someone who has personal experience with this exact situation? I only ask because actual LEO's have voice opinions contrary to yours on it being a criminal matter. You are entitled to your opinion, but some background on why you feel this way would go a long way.

I am not a LEO of any kind, but I do have lots of experience with situations nearly identical to this. I'm not sure which LEO's you're talking to, nor their jurisdictions, but I really, really doubt that in the US, a LEO is going to charge a pawnbroker with a crime for fucking up someones loan and selling their pledge before it was due (especially when they've claimed responsibility and offered restitition).

Even if the shop broke laws with regard to how pawns are handled (and it sounds like they did), they'd be referred to the regulatory agency, not criminal prosecutors.

Posted: 3/31/2012 3:03:37 PM EDT

[#12]

Tag for outcome

Posted: 3/31/2012 3:16:07 PM EDT

[#13]

Tell them you want your gun back! Don't settle for some P.O.S. that every joe bob in Texas has
handled at beat up. Demand your gun back or a new one with all the same features including
Metal trigger guard.

Posted: 3/31/2012 3:20:13 PM EDT

[#14]

Quoted:

Quoted:
My bet is that if you walk in there with a property crimes detective they will miraculously locate it.

I am not buying their line of bullshit.

Yup. This is a little side business they have going. where they get a free upgrade on their inventory. Or its a friends and family racket they got going on. Either way, if you make enough noise they will magically locate that gun so fast. They arent going to take a financial hit on this. when they realize you arent going to roll over they will cough up your gun quick. I will bet a membership on it. That said I would still file complaints on them anywhere I could. Their bs is not my problem, and education isnt cheap. Make a few copies of that claim ticket today. I would only show them the copy so they dont take it to look it over and magically lose your claim ticket too. Sounds like a bunch of scum bags to me.

I'll take your bet. If OP gets his gun back I'll buy a membership for the member of your choosing. Deal?

Posted: 3/31/2012 3:23:16 PM EDT

[#15]

Quoted:

Quoted:
Ask for an exact replacement. If that fails, contact the ATF.

I'd ask for an exact replacement and give them 1 week to do so. If they fail, have some fun with them, see below.

Report Firearms Theft / Loss

Any Federal Firearms Licensee who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a and implementing section 923(g)(6) require that the report of theft or loss be made by telephone and in writing to ATF).

Upon discovery of any theft or loss of any of your firearms:

First, call your local law enforcement agency to report the theft or loss. Contacting the local law enforcement authorities is essential to the quick recovery of firearms taken in a crime. If the firearms are unaccounted for during inventory, you should make it clear to the authorities that there is no evidence of a crime and that the disposition of these firearms is unknown and may stem from a record keeping error.
Second, call the ATF’s Stolen Firearms Program Manager toll free at 1-888-930-9275. They can also assist in the preparation of the Theft / Loss Report for submission. ATF will work with the local law enforcement authorities investigating the theft.
Third, complete the report form (ATF Form 3310.11) and attach any continuation sheets necessary (ATF Form 3310.11A) and mail it to ATF’s National Tracing Center. Be sure to submit the original form(s) to ATF and retain copies for your records.

That isn't relevant. They erroneously sold it, they probably did a 4473 and they know where it went. It isn't stolen or missing from their inventory.

Posted: 3/31/2012 3:41:41 PM EDT

[#16]

Quoted:

Quoted:

Ask for an exact replacement. If that fails, contact the ATF.

I'd ask for an exact replacement and give them 1 week to do so. If they fail, have some fun with them, see below.

Report Firearms Theft / Loss

Any Federal Firearms Licensee who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a and implementing section 923(g)(6) require that the report of theft or loss be made by telephone and in writing to ATF).

Upon discovery of any theft or loss of any of your firearms:

First, call your local law enforcement agency to report the theft or loss. Contacting the local law enforcement authorities is essential to the quick recovery of firearms taken in a crime. If the firearms are unaccounted for during inventory, you should make it clear to the authorities that there is no evidence of a crime and that the disposition of these firearms is unknown and may stem from a record keeping error.

Second, call the ATF’s Stolen Firearms Program Manager toll free at 1-888-930-9275. They can also assist in the preparation of the Theft / Loss Report for submission. ATF will work with the local law enforcement authorities investigating the theft.

Third, complete the report form (ATF Form 3310.11) and attach any continuation sheets necessary (ATF Form 3310.11A) and mail it to ATF’s National Tracing Center. Be sure to submit the original form(s) to ATF and retain copies for your records.

That isn't relevant. They erroneously sold it, they probably did a 4473 and they know where it went. It isn't stolen or missing from their inventory.

Exactly. The ATF would not consider this a stolen/lost firearm.

Posted: 3/31/2012 3:48:56 PM EDT

[#17]

Umm, I guess you missed the part of the thread where a LEO stated that he has CITED and put motherfuckin PAWN EMPLOYEES AND MANAGERS in jail for this very type of incident. But hey, why read the fucking thread when you can just post the fuck away like you actually even know what the hell your talking about.

Quoted:

Quoted:

Are you a police officer, ATF agent, or someone who has personal experience with this exact situation? I only ask because actual LEO's have voice opinions contrary to yours on it being a criminal matter. You are entitled to your opinion, but some background on why you feel this way would go a long way.

I am not a LEO of any kind, but I do have lots of experience with situations nearly identical to this. I'm not sure which LEO's you're talking to, nor their jurisdictions, but I really, really doubt that in the US, a LEO is going to charge a pawnbroker with a crime for fucking up someones loan and selling their pledge before it was due (especially when they've claimed responsibility and offered restitition).

Even if the shop broke laws with regard to how pawns are handled (and it sounds like they did), they'd be referred to the regulatory agency, not criminal prosecutors.

Posted: 3/31/2012 3:56:44 PM EDT

[#18]

Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

Quoted:

Quoted:

In my opinion that gun was stolen from you. I would call the cops asap.

BS

It's a civil mistake not criminal

There has to be intent to commit a crime I believe.

And your opinion was/is worth what we paid you for it.

Depends on the state laws. Criminal here for violating the pawn hold requirements. Cites are normal and I have arrested a couple of pawn shop employees and 2 managers.

Posted: 3/31/2012 4:04:16 PM EDT

[#19]

My shotgun.....or new M4. Everyday I wait my price goes up my dead grandma bought it for me.

Posted: 3/31/2012 4:07:37 PM EDT

[#20]

Quoted:

Quoted:
No reason to get stupid over this. Mistakes happen. If they don't have an alternative you are interested in, then ask for a direct replacement or the retail cash value of the firearm.

Don't bother with "calling authorities" or "taking it to court" as some people have suggested until the Pawn Shop draws a line in the sand. From your original post it only sounds like they made an offer, not an ultimatum. Is this correct? Only small individuals skip past the part where you try to work things out amicably and go straight to the nuclear option.

Once you get the replacement, you should consider selling it anyway and getting your finances in order. Paycheck to paycheck is an expensive way to live.

This was not a mistake and people who run pawn shops do not play nice.

That's for the OP to decide.

Nothing I said takes the nuclear option off the table. You have nothing to lose by trying to work it out first and nothing to gain by going nuclear first. How hard is it to say "This is what I need to make things right" and go from there? If the shop is willing to be reasonable then going nuclear first is only going to make your life more difficult for no good fucking reason. If they aren't willing to be reasonable then you are out nothing because you always have the nuclear option.

I honestly feel sorry for anyone whose first course of action is to fly off the handle and create unnecessary drama in their lives. It's just not one of the character traits normally associated with successful people.

Fuck that! I'd be in there swinging my arms and raising my voice! Right now! Successfully!

I don't need your pity or your condescending attitude. I know the business. To be clear, my "be an asshole" is very low key but firm. I'm no kid.

Posted: 3/31/2012 4:12:20 PM EDT

[#21]

Quoted:
Umm, I guess you missed the part of the thread where a LEO stated that he has CITED and put motherfuckin PAWN EMPLOYEES AND MANAGERS in jail for this very type of incident. But hey, why read the fucking thread when you can just post the fuck away like you actually even know what the hell your talking about.

You mean that guy that lists his location as outside the USA? OK.... I see where that is applicable.

Posted: 3/31/2012 4:12:45 PM EDT

[#22]

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

Unfortunately, this will get thrown out. Contact an attorney and they will tell you that. We had this very thing as an example in a class I took. Your best bet is to be assertive with them and at a minimum get a fair market value cash refund from them.

Source: Business Law

Posted: 3/31/2012 4:15:14 PM EDT

[#23]

Quoted:
Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

I don't understand you. How do you present one LEO? WTF does that mean?

I think not only are you wrong, but that you also lack logic.

But, watch this thread for updates. If I'm wrong, I'll surely apologize and be grateful for the education. I'll expect the same from you, but I'll guess you'll just disappear.

Posted: 3/31/2012 4:17:35 PM EDT

[#24]

Quoted:

Quoted:
Umm, I guess you missed the part of the thread where a LEO stated that he has CITED and put motherfuckin PAWN EMPLOYEES AND MANAGERS in jail for this very type of incident. But hey, why read the fucking thread when you can just post the fuck away like you actually even know what the hell your talking about.

You mean that guy that lists his location as outside the USA? OK.... I see where that is applicable.

You can't take that at face value. There was a time when the tank icons were hidden for the .mil and alot of people changed their location to Uzbekistan.

Posted: 3/31/2012 4:20:26 PM EDT

[#25]

Quoted:

Quoted:
Umm, I guess you missed the part of the thread where a LEO stated that he has CITED and put motherfuckin PAWN EMPLOYEES AND MANAGERS in jail for this very type of incident. But hey, why read the fucking thread when you can just post the fuck away like you actually even know what the hell your talking about.

You mean that guy that lists his location as outside the USA? OK.... I see where that is applicable.

You can't take that at face value. There was a time when the tank icons were hidden for the .mil and alot of people changed their location to Uzbekistan.

I think he lists it as Vatican City. But, none the less, if his location isn't exactly correct, should I then assume that he lists his occupation and his professional experiences are correct? Even outside of intent, I have a hard time believing a pawnbroker has been criminally convicted in instances such as this.

Posted: 3/31/2012 4:22:19 PM EDT

[#26]

Search around all the gun auction sites and find one you want. Provide them with the link.

Posted: 3/31/2012 4:23:09 PM EDT

[#27]

Quoted:
In for the let down.

Posted: 3/31/2012 4:26:23 PM EDT

[#28]

report it as stolen

Explain to the police the exact time line.

Will make life miserable for the shop and the person that bought it...;.

lesson....Don't pawn your shit

Posted: 3/31/2012 4:38:59 PM EDT

[#29]

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.

replace a Benelli with a FUCKING mossberg? Are you HIGH?

Posted: 3/31/2012 5:03:50 PM EDT

[#30]

Quoted:

Quoted:
My bet is that if you walk in there with a property crimes detective they will miraculously locate it.

I am not buying their line of bullshit.

Yup. This is a little side business they have going. where they get a free upgrade on their inventory. Or its a friends and family racket they got going on. Either way, if you make enough noise they will magically locate that gun so fast. They arent going to take a financial hit on this. when they realize you arent going to roll over they will cough up your gun quick. I will bet a membership on it. That said I would still file complaints on them anywhere I could. Their bs is not my problem, and education isnt cheap. Make a few copies of that claim ticket today. I would only show them the copy so they dont take it to look it over and magically lose your claim ticket too. Sounds like a bunch of scum bags to me.

I'll take your bet. If OP gets his gun back I'll buy a membership for the member of your choosing. Deal?

Im going to limit this to one membership. And since Stokes responded first Im going to deal with him. Thanks.

Posted: 3/31/2012 5:15:27 PM EDT

[#31]

Quoted:
Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

Quoted:

Quoted:
In my opinion that gun was stolen from you. I would call the cops asap.

BS
It's a civil mistake not criminal
There has to be intent to commit a crime I believe.
And your opinion was/is worth what we paid you for it.

Depends on the state laws. Criminal here for violating the pawn hold requirements. Cites are normal and I have arrested a couple of pawn shop employees and 2 managers.

I would take this gentleman's advice over some law professor sitting behind a desk who has tenure and is raping the system for a six figure salary and & votes democrat.

Posted: 3/31/2012 5:15:52 PM EDT

[#32]

Quoted:

Quoted:
I will bet a membership on it.

I'll take that bet.

I do not believe this is a side business at all (at least on the part of ownership/management, rogue employee notwithstanding).

My claim is if the OP uses all available legal recourse he will get his gun or atleast fair market value for it. He needs to deal directly with the owner/ operator of the shop and state his demand for his original gun returned to him in a reasonable period of time, or; he will file a small claims case, a BBB complaint, a police report, and a complaint with the applicable regulatory body for the pawn shop/ business license issuer. If OP states he completed all those steps and he still doesnt receive his original gun or fair market value in a reasonable period of time I will purchase a bronze membership for the member of stokes choosing. If he does receive his gun or FMV, Stokes buys me a bronze membership. Deal?

Posted: 3/31/2012 5:16:02 PM EDT

[#33]

It means I present to you as evience, one Law Enforcement Officer. I think you lack quite a bit more than logic, but hey, whatever. I will be standing by for that apology.

Quoted:

Quoted:

Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

I don't understand you. How do you present one LEO? WTF does that mean?

I think not only are you wrong, but that you also lack logic.

But, watch this thread for updates. If I'm wrong, I'll surely apologize and be grateful for the education. I'll expect the same from you, but I'll guess you'll just disappear.

Posted: 3/31/2012 5:26:30 PM EDT

[#34]

In for a resolution. And pawn shop name so I don't go there.

Posted: 3/31/2012 5:33:54 PM EDT

[#35]

I absolutely must tag this thread.

Posted: 3/31/2012 5:34:53 PM EDT

[#36]

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.

replace a Benelli with a FUCKING mossberg? Are you HIGH?

For some reason this made me laugh pretty loudly.

Posted: 3/31/2012 7:07:21 PM EDT

[#37]

prodos8, any updates? Don't tell me you didn't do anything about it today...

Posted: 3/31/2012 7:48:15 PM EDT

[#38]

It is civil if it happened the way the pawn guy said.you need to look at your receipt,in North Carolina they have to have several tidbits of info on them.We hold everything for 90 days,sixty days past the first maturity date.If you agreed on a loan of $500.00 dollars I think you may have agreed that is what the gun is worth.I am not saying what they did is right, it is really screwed up and I feel bad for you but you really need to read your receipt back and front,the small print is important.Call the cops and the ATF and I beleive they will tell you it is civil.And they will not show you the 4473,I promise.

Posted: 3/31/2012 7:54:42 PM EDT

[#39]

This will turn into a goat fuck in short order.

Posted: 3/31/2012 8:22:51 PM EDT

[#40]

Quoted:
This will turn into a goat fuck in short order.

implying it hasn't already turned into a goat fuck.

Posted: 3/31/2012 8:26:29 PM EDT

[#41]

I seriously wish you your gun back, or well more than it's worth to you

On a lighter note

Posted: 3/31/2012 8:31:02 PM EDT

[#42]

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.

Fair would be them getting your gun back... They should have a filled out 4473 and NICs #, tell them to start there or the ATF will recover your stolen gun using the same information for them.

Posted: 3/31/2012 8:56:28 PM EDT

[#43]

Ask to see the form....4473

I'd be curious to see if the gun was sold to an employee.

New people do make mistakes but I don't see a new guy being able to deal with weapons.

Maybe so and it was an hones fuck up. The 4473 would clear that up. I bet somebody in the Pawn Shop bought that shotgun...or somebodies relative.

Posted: 3/31/2012 9:02:02 PM EDT

[#44]

They should have the paperwork for the sale. Have them call the customer and tell him he got a weapon that wasn't for sale. The gun we sold you just came back hot sorry you have to get your money back.

Posted: 3/31/2012 9:06:35 PM EDT

[#45]

Quoted:
IF THEY SOLD YOUR GUN THEY CAN UNSELL IT.

A bunch of you have said this and I don't see how that's a viable resolution at all. The person who "bought" it can simply say "no" to returning it. Also, what if the buyer has taken it to the range...it's no longer NIB.

Posted: 3/31/2012 9:12:11 PM EDT

[#46]

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.

No kidding...I would never take it up the ass as was suggested. Small claims court procedures are trivial and will cost you little to nothing. Frankly, a few well-written letters to the right people will take care of this for you quickly and painlessly.

Posted: 3/31/2012 9:13:28 PM EDT

[#47]

Quoted:
Should probably worry more about getting your personal finances in good order than business practices of pawn shops.

Verizon tried to overbill me for $340 last year. I had to contact a VP to get it resolved; took months. I suppose I shouldn't have questioned their business practices though, and just paid it...eh?

Posted: 3/31/2012 9:18:23 PM EDT

[#48]

Quoted:
Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

Quoted:

Quoted:
In my opinion that gun was stolen from you. I would call the cops asap.

BS
It's a civil mistake not criminal
There has to be intent to commit a crime I believe.
And your opinion was/is worth what we paid you for it.

Depends on the state laws. Criminal here for violating the pawn hold requirements. Cites are normal and I have arrested a couple of pawn shop employees and 2 managers.

Remember each state has different laws and I doubt most states would treat this as a criminal versus civil matter.

Posted: 3/31/2012 9:18:54 PM EDT

[#49]

Quoted:
It is civil if it happened the way the pawn guy said.you need to look at your receipt,in North Carolina they have to have several tidbits of info on them.We hold everything for 90 days,sixty days past the first maturity date.If you agreed on a loan of $500.00 dollars I think you may have agreed that is what the gun is worth.I am not saying what they did is right, it is really screwed up and I feel bad for you but you really need to read your receipt back and front,the small print is important.Call the cops and the ATF and I beleive they will tell you it is civil.And they will not show you the 4473,I promise.

That is a good point. I wonder how that might factor into it.

Posted: 3/31/2012 9:29:26 PM EDT

[#50]

Quoted:

Quoted:
Just for you stokes, I present one LEO, ( who BTW is my hero for the day for putting shady Pawn Broker turds in jail), who has ARRESTED Pawn managers and employees for these type of shenanigans. OP, contact the Dallas County Sheriffs Dept NOW. They will be interested to find out where your gun went, and if it was a civil issue and the gun was transferred legally, or if the gun was sold illegally under the table to a prohibited person. Regardless of the outcome of that, it will bring heat on the shop, the manager, and put them on the radar. The owner/manager does not want that, and will probably start shitting your shotgun real quick. Or you could just complain on the internet, your choice.

Quoted:

Quoted:
In my opinion that gun was stolen from you. I would call the cops asap.

BS
It's a civil mistake not criminal
There has to be intent to commit a crime I believe.
And your opinion was/is worth what we paid you for it.

Depends on the state laws. Criminal here for violating the pawn hold requirements. Cites are normal and I have arrested a couple of pawn shop employees and 2 managers.

Remember each state has different laws and I doubt most states would treat this as a criminal versus civil matter.

The ones that treat it as criminal are definitely the exception. Here, it's civil.

[ARCHIVED THREAD] - Pawnshop sold my gun in error - Update 4/1/12 (Page 5 of 10)

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