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Joined: Jun 2009
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Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2009
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USAA told me they will cover an unlimited value of guns in my house with no additional policy. Fire, yeah. Theft??? Most homeowner policies don't cover theft without buying additional coverage. Theft and fire are 2 different ballgames. It's easy to defraud a theft claim. Not so many people willing to burn their houses down to collect the insurance on their guns.
"You cannot invade mainland America. There would be a rifle behind every blade of grass" ~Admiral Yamamoto~
When the people fear their government, there is tyranny; when the government fears the people, there is liberty. ~Thomas Jefferson~
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Joined: Jun 2009
Posts: 9,338 Likes: 1
Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2009
Posts: 9,338 Likes: 1 |
I would very much doubt that gunbroker would be of any help in the matter. But...you can leave feedback on gunbroker that the seller sold you a stolen gun and didn't make good on it. The threat of that should make him see the light. That kind of posted feedback would pretty much put him out of business on GB
"You cannot invade mainland America. There would be a rifle behind every blade of grass" ~Admiral Yamamoto~
When the people fear their government, there is tyranny; when the government fears the people, there is liberty. ~Thomas Jefferson~
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Joined: Feb 2010
Posts: 48
Campfire Greenhorn
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Campfire Greenhorn
Joined: Feb 2010
Posts: 48 |
It should be up to the Pawn Shop to reimburse, at least here in Colorado it would be. The Pawn Shops here are not to sell an item until they have cleared the serial numbered merchandise through the police dept. (especially guns) Once that is complete they then have to wait, I believe, 30 days more to make sure no report has been made. Then they can put it up for sale. I would check with the police in the jurisdiction of the pawn shop and see if they screwed up. It's a sticky situation either way. Ryan BTW it the police responsibity to check the description and serial numbers turned bought or pawned on by the pawn shop not the pawns shops responsibility. Police need to check serial numbers against all pawn reports or sheets they get on a daily or weekly basis. The pawn shop is only required to hold the item 30 days not to check or clear anything. If the police are slow(lolololololol) the item may pass the 30 days and be sold long before they come to collect it. Guns however are easy to track as they have all the pertinant info of the buyer on hand for the ATF to inspect. Thus they are exempt from the 30 day waiting period. People always assume the pawn shop has a magic crystal ball to someone determine if an item is stolen or not but that is the police departments responsibility to make that determination.
Last edited by Idaho_DJ; 02/07/11.
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Joined: Aug 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2005
Posts: 43,777 Likes: 1 |
I manage a pawn shop so here is what i know. Guns are regulated by the federal government so they are exempt from the 21 or 30 day waiting period to sell after purchase. Not a safe assumption. I know for a fact that Omaha has a 10 day waiting period for ANY dealer to sell a used firearm. Local regs can't override federal regs, but they can expand on them. And there's no federal regs saying that a dealer is allowed to sell a used firearm immediately. Cabela's over by Omaha actually is i La Vista, a suburb, in order to get away from city regs regarding registration of handguns and holding periods for used firearms.
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Joined: Sep 2006
Posts: 9,711
Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2006
Posts: 9,711 |
In TX, in the county that my shop is in, we have to hold all purchases 21 days, whether it be jewelry, tools, firearms etc, before we can place on the floor to sell.
Calhoun, is correct, the city/county/state regulations cannot be less restrictive but can be more stringent.
Official member of "The Clan of Turd-like People"
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Joined: Feb 2010
Posts: 48
Campfire Greenhorn
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Campfire Greenhorn
Joined: Feb 2010
Posts: 48 |
In my paperwork it states that any items regulated by a federal agency is exempt from the 30 day waiting period. Guns I purchase are cleaned checked for safe operation and immediatly put out for sale. I'm not sure how other states or municipalities do it but that is how we do it here.
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Joined: Mar 2002
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Campfire Outfitter
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Campfire Outfitter
Joined: Mar 2002
Posts: 12,729 |
I don't know chit about the law, but, conceptually speaking, your business is a dream come true for the criminal element.
Wow!...
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Joined: Nov 2005
Posts: 4,900 Likes: 1
Campfire Tracker
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Campfire Tracker
Joined: Nov 2005
Posts: 4,900 Likes: 1 |
USAA told me they will cover an unlimited value of guns in my house with no additional policy. Fire, yeah. Theft??? Most homeowner policies don't cover theft without buying additional coverage. Theft and fire are 2 different ballgames. It's easy to defraud a theft claim. Not so many people willing to burn their houses down to collect the insurance on their guns. I have USAA and they cover everything for fire but NOT theft. You must have a rider for theft. RH
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Joined: Jan 2010
Posts: 35
Campfire Greenhorn
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Campfire Greenhorn
Joined: Jan 2010
Posts: 35 |
I had a similar situation in Fl. I bought a bow tech bow from a pawn shop and two weeks later a deputy called me and said that it was stolen. After much stress as I had sold my old bow and it was midway through bow season, the deputy called me back and said that the bow was mine. The seller (thief) was responsible to cover all the cost. He told me that if they took the bow from me that I would be a second victim. I'm sure that a gun is a little different, but there is recourse if your up to the aggravation.
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Joined: Sep 2006
Posts: 9,711
Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2006
Posts: 9,711 |
In my paperwork it states that any items regulated by a federal agency is exempt from the 30 day waiting period. Guns I purchase are cleaned checked for safe operation and immediatly put out for sale. I'm not sure how other states or municipalities do it but that is how we do it here. Just curious, how do you report all your transactions? Not trying to flame or start a battle, just curious. How are your firearm purchases reported to the local police/sheriff? Thanks, Jason
Official member of "The Clan of Turd-like People"
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Joined: Sep 2006
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Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2006
Posts: 9,711 |
I had a similar situation in Fl. I bought a bow tech bow from a pawn shop and two weeks later a deputy called me and said that it was stolen. After much stress as I had sold my old bow and it was midway through bow season, the deputy called me back and said that the bow was mine. The seller (thief) was responsible to cover all the cost. He told me that if they took the bow from me that I would be a second victim. I'm sure that a gun is a little different, but there is recourse if your up to the aggravation. I am just taking a little guess, here that the thief was a relative (son, daughter, wife etc) and in cases such as this the pawn shop will not take a loss.
Official member of "The Clan of Turd-like People"
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Joined: Jan 2010
Posts: 35
Campfire Greenhorn
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Campfire Greenhorn
Joined: Jan 2010
Posts: 35 |
No it was a theft from a bow shop. The police traced the thief through the pawn transaction. They left me hanging for several weeks but in the end let me keep the bow.
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Campfire Regular
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Campfire Regular
Joined: Aug 2009
Posts: 934 |
Drew I have USAA and my guns are insured under Valuable Personal Property. This is part of my homeowners but added on.Tom Mine are the same way....above a certain value individual items, whether they be guns or jewelry, whatever, should be on a rider for the policy.
Endure Fortis Marte Suo Tutus
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Joined: Feb 2010
Posts: 48
Campfire Greenhorn
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Campfire Greenhorn
Joined: Feb 2010
Posts: 48 |
No problem everything that comes into my shop goes through leads online so it they know the instant something is either bought or pawned on. The pawn business is very secure if the police do their jobs and check the pawn reports. Its easy for me to nail crooks because I get their fingerprints, Drivers license and signature. Anyone dumb enough to bring stolen property to a pawn shop is basically giving the cops all the info they need for a conviction. In my paperwork it states that any items regulated by a federal agency is exempt from the 30 day waiting period. Guns I purchase are cleaned checked for safe operation and immediatly put out for sale. I'm not sure how other states or municipalities do it but that is how we do it here. Just curious, how do you report all your transactions? Not trying to flame or start a battle, just curious. How are your firearm purchases reported to the local police/sheriff? Thanks, Jason
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Joined: Dec 2006
Posts: 4,340
Campfire Tracker
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OP
Campfire Tracker
Joined: Dec 2006
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Thanks for all your advice, guys. My friend's situation has been resolved. The seller turned out to be a really solid guy, and he provided a full refund, including shipping both ways and FFL fees. It's not as good as getting to keep the rifle, but at least he didn't suffer a financial loss. My friend thought it was safer to accept a full refund and return it to the seller rather than run the risk of having to surrender the gun to the police and possibly get nothing.
I can't say that we've really learned anything out of the whole fiasco--except that there is a very slight risk of such things happening on any used gun transaction.
Rod
***************************************** Hunting FOR Savages, Hunting WITH Savages
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Campfire Tracker
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Campfire Tracker
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It is good to hear that there are still some solid people out there. I always enjoy an opportunity to learn that
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