It seems I bought a stolen gun...

This is a discussion on It seems I bought a stolen gun... within the General Firearm Discussion forums, part of the Related Topics category; Originally Posted by tglassburner Who's going to start gunfax.com? Do you really want to register all guns and have a national database?...

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  1. #31
    Member Array chivvalry's Avatar
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    Quote Originally Posted by tglassburner View Post
    Who's going to start gunfax.com?
    Do you really want to register all guns and have a national database?
    "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation indivisible, with liberty and justice for all."
    You are not paranoid if They are actually out to get you, however, They probably are not and you probably are.

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  3. #32
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    Quote Originally Posted by chivvalry View Post
    do you really want to register all guns and have a national database?
    []
    NO WAY!!!
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  4. #33
    Member Array merlin82plus's Avatar
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    Another reply was dead-on - if you ordered by credit card, you need to inform the credit card company that you did not receive the merchandise and want the charges reversed. Do this in writing, not by phone or email.
    If your card is issued by a company from Delaware, you can also file a complaint with the Office of the Comptroller of the Currency. I have had to do this several times when my CC company did not want to be bothered. In every case, the bank freaking JUMPED into action when the government got in touch with them. Keep all your documentation, the OCC will want the info, if you have to go that route.

  5. #34
    Member Array merlin82plus's Avatar
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    Oh one more note. There is a time limit, usually 60 days, for you to dispute a charge. It may take that long, or longer, for the stolen gun thing to be resolved. I would dispute the charge right away, unless you're really wanting that gun bad enough to risk paying for something you might never receive.
    Also, the OCC will only get involved if the bank is a "national bank" - they are typically chartered in the state of Delaware, and their name ends in "N.A.".

  6. #35
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    Quote Originally Posted by mrm View Post
    On behalf of all pawnshops nation wide I sincerely apologize for this happening (I have been a pawnbroker for 12 yrs). The state regs in Montana at least state that we have to run a NCIC check on all firearms that come into the shop. Not only do we give our customers their money back when this happens (with anything not just firearms) we give them an additional credit in the store for their inconvenience.
    Now one time we brought in a pistol and called the NCC and it was negative so we pawned it and sold the firearm after it came out of pawn, about 6 months after we pawned it the original owner got around to reporting it stolen, then the person we sold it to needed a little loan so they brought the gun back and pawned so one of our guys NCC checked it and it came back stolen (boy were they confused cause they bought it from us). So I ended up not only giving them their money back I sold them one of our other guns for 1/2 price.

    Do me a favor and just go back to the pawnshop and be really nice, not pissed off or mad at them cause it is probably just an accident, and I am sure they will treat you right.
    I doubt that the OP will have too much trouble getting his money back. It is unfortunate and can happen to anyone buying a used gun from an unknown source.

    BTY: It is NICS, National Instant Criminal Background Check System.
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  7. #36
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    Quote Originally Posted by SIGP250 View Post
    BTY: It is NICS, National Instant Criminal Background Check System.
    Actually, the NICS checks records of the NCIC (National Crime Information Center) so you're both right.

  8. #37
    Distinguished Member Array kazzaerexys's Avatar
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    I appreciate all the feedback. In the event I have to pursue legal action, I am going to stay quiet on details for now. Apparently, though, this gun was part of a Major Theft, and so I think I can count on the Texas police to be very vigorous in dealing with the pawn shop. I should get a call from the MD SP about it, and then we'll see what happens from there.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  9. #38
    Senior Member Array justherenow's Avatar
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    Pawnshops are taking in stolen goods on a daily basis. Locally they have to send a fax to the city police of every item they get and serial numbers. The problem is that they only are required to send to the LOCAL police so if it was stolen outside the city then it wont come back to them as hot. The owner has on more than one ocassion had the owners of stolen items come in to reclaim their items, of course the owners had to BUY the items for the amount of money the shop was out plus storage, which just does not seem right.
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  10. #39
    VIP Member Array Eagleks's Avatar
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    Selling stolen property across state lines..... hummmm. The person who buys stolen property, even though innocently is normally the one who is also out the money. However, since this sounds like it went across state lines and the pawn shop isn't going to want to be seen as selling stolen property across state lines..... I would think they would bend over backwards to return your money and to show their wanting to be agreeable in this situation. It could also get them banned from Gun Broker if reported to them, let alone ... an investigation as to why they did not know it was stolen. Around here, pawn shops check serial numbers before they take or sell anything.

    It's possible it's a data base error and mis-entry. Good luck.

    Here, the rightful owner doesn't have to pay anyone anything to get "their property" back for any reason. Whoever has possession of it when it's discovered, is out any money if they got it or bought it.
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  11. #40
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    Quote Originally Posted by Beans View Post
    IN 2009 I purchased a NIB Colt Single action. Before I purchased the gun I contacted the Cochise County Sherriff office and asked them to run the gun on NCIC to check to see if the gun was stolen. It came back "no record found"

    Five days later I received a call from the Sherriff's office, a Deputy Williams, asking me if I still had the gun as it had just been reported stolen, the owner had just came back home from vacation.

    I met with Deputy Williams at the local substation, he took the report and I surrendered the Colt. What a difference. Deputy Williams was a professional, calm, courteous, a real gentleman.

    The owner got he gun back in the same condition it was in when it was stolen NIB.
    Deputy Williams and I chuckled when I told him I was on my way out the door to go to the range to put a couple hundred rounds through that gun, when he called.

    No I did not get my money back.

    FWIW Cochise County Sherriff Offices issues Colt 1911 in .45 ACP to their deputies
    Right there is a great reason to get the seller's ID before the sale. No ID no sale.
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  12. #41
    Member Array msb45's Avatar
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    Quote Originally Posted by OldVet View Post
    Hopefully you paid with a credit card. if you didn't receive what you paid for, you can have the charge reversed.

    Get this: In FL, if your property turns up in a pawn shop, to get it back you must pay the pawn shop what they paid for it--even if it was stolen! When some of my stuff was stolen and pawned, and the LEO informed me of this, I said the heck with it--it belongs to the insurace company now.
    Same law in PA

  13. #42
    Distinguished Member Array kazzaerexys's Avatar
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    Update

    Well, the pawn shop called me directly and told me they'd be cutting a check for the cost plus shipping. I think they handled things quite well.

    They know the guy who pawned the gun and pretty much don't believe he knew it was stolen property. Probably he bought it a gun show and then turned it around for cash, all before the gun was even reported stolen. The shop did, in fact, run the s/n when they took the gun; the problem is that the s/n doesn't get checked again until it is part of a NICS transfer, so I was the lucky guy who helped with that.

    There is nothing in the law that requires them to give me my money back; they operated in good faith. Nonetheless, the shop owner decided to send me a full refund as soon as the Texas police contacted him about the entire incident.

    So, I am out the transfer fee, because my local FFL just did his job, of course, but it could have been worse. I'd say I am satisfied that the seller did everything he was supposed to do.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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  14. #43
    VIP Member Array hogdaddy's Avatar
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    Great Outcome ; )
    H/D
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    H/D

  15. #44
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    Quote Originally Posted by hogdaddy View Post
    Great Outcome ; )
    H/D
    x2. That is a pawn shop I would for sure be dealing with again.
    Guns don't kill people, people kill people...and chimps do, if they have a gun

  16. #45
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    kazzaerexys,

    Sounds like all's well that ends well. Hope you see the check soon.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
    - Zen Saying

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