Purchased a Gun from a Pawn Shop That Turned To Be Stolen

[cigardog99]

I purchased a hand gun from a Pawn shop here in Houston and had the Sheriff's deputy run the gun and it turned out to be stolen from a vehicle in Phoenix.

I am doijng the right thing and going to turn the gun in and get a property receipt and case # from the deputy. What is the pawn shop's liability in refunding my money? I bought the gun on Saturday the 6th of November.

Thanks
DB

 

[txinvestigator]

I guess you could sue them, but they have no legal obligation to refund you that I am aware of.

 

[cigardog99]

They have no obligation to insure that they are not selling me a stolen gun

 

[pyrat]

Interesting. My experience with pawn shops, although not in Texas, was that they were responsible for determining that property taken in was not stolen SDSO had a pawn shop unit that took care of this, but not sure how it works in TX.

Did some research...

§371.181. STOLEN GOODS. (a) A pawnbroker shall monitor goods purchased, accepted in pawn, or otherwise acquired
by the pawnbroker in order to identify and prohibit transactions involving stolen goods.

The above from the Texas Pawn Shop Act (2003) would seem to indicate that they have a responsibility to identify stolen goods. Here's a link to the Act.

Good luck

 

[txinvestigator]

They have no obligation to insure that they are not selling me a stolen gun

OK

 

[cigardog99]

Thanks Pyrat

 

[ROGER4314]

I bought a 10-22 at a pawnshop a couple of weeks ago and I asked that question......."How do I know this gun isn't stolen?" He responded that it was the Pawn shop responsibility to check it and they were liable if it came up hot. I have seen police in the local pawn shops on many occasions checking property for stolen. I'd say buying from them is a pretty safe purchase.

Flash

 

[TexasRedneck]

That's the question in my mind - were they SUPPOSED to (by law) check the gun to ensure it wasn't stolen??

 

[Renegade]

I purchased a hand gun from a Pawn shop here in Houston and had the Sheriff's deputy run the gun and it turned out to be stolen from a vehicle in Phoenix.

Why did you do that? I mean, if you had any reason to believe the gun was stolen, you do not buy it.

 

[Texan2]

if you dont run it before the purchase...DONT run it after the purchase

 

[pyrat]

But I'd think when the paperwork went in on the purchase it's going to get flagged anyway. Eventually.

Let us know how it goes when you approach the pawn shop for a refund. If they will not, contact the SO to see if any action can be initiated against the pawn shop. They may refer you to a lawyer, but it wouldn't hurt to try.

 

[MR Redneck]

Looks like the law should enforce something on the pawn shop for selling a stolen gun. I he could run the numbers to check it out, then that pawn shop could have done the same thing just as easy! Pawn shops shop be held responsible for stolen items, just look at their inventory!

 

[cigardog99]

and what if I happen to get pulled over and my car is searched and a stolen gun turns up? I respectfully disagree Team TGT. And Texas Redneck, I had no reason to believe it was a stolen gun, however, I think you are always better safe than sorry.

 

[cigardog99]

My bank has told me that if I do not get a refund from the pawn shop they will reverse the transaction as it is a Federal Felony to sell a stolen firearm. Ignorance is not an excuse for breaking the law.

 

[MR Redneck]

My bank has told me that if I do not get a refund from the pawn shop they will reverse the transaction as it is a Federal Felony to sell a stolen firearm. Ignorance is not an excuse for breaking the law.

Man, thats sounds great! Kinda like a reverse LE thing. I've heard that same statement from LE many times. Shortly after I ask WTF did I do wrong?
Your bank is a keeper!

 

[Rum Runner]

My bank has told me that if I do not get a refund from the pawn shop they will reverse the transaction as it is a Federal Felony to sell a stolen firearm. Ignorance is not an excuse for breaking the law.

Perfect.

 

[Texan2]

My bank has told me that if I do not get a refund from the pawn shop they will reverse the transaction as it is a Federal Felony to sell a stolen firearm. Ignorance is not an excuse for breaking the law.

Lol...you have a bank that specializes in Federal gun laws???
that having been said, I hope you get your money. I cant imagine why that pawn shop wouldn't give you your money. They usually dont want the heat that would come with not giving a refund and selling a stolen gun. That sounds like a piece for a local investigative reporter.

 

[Renegade]

But I'd think when the paperwork went in on the purchase it's going to get flagged anyway. Eventually.

Huh? What paperwork?

 

[Renegade]

My bank has told me that if I do not get a refund from the pawn shop they will reverse the transaction as it is a Federal Felony to sell a stolen firearm. Ignorance is not an excuse for breaking the law.

Your bank is run by morons who do not know the law.

Ignorance is a valid excuse.

(i) It shall be unlawful for any person to transport or ship in interstate or foreign commerce, any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

 

[navyguy]

So, it's the last buyer who is on the hook for the lose? Doesn't seem right. The pawn shop is an FFL one would think that carries some additional responsibility in transactions and potentially stolen guns.

Did you pay for that with a credit card? If so, perhaps that is why the bank is getting involved. I have yet to get stuck for any transaction gone astray when paying by credit card.