24hourcampfire.com
24hourcampfire.com
Previous Thread
Next Thread
Print Thread
Hop To
Page 2 of 5 1 2 3 4 5
Joined: Sep 2006
Posts: 529
S
Campfire Regular
Offline
Campfire Regular
S
Joined: Sep 2006
Posts: 529

I disagree. Small claims works. Has for my wife and I a few times so far. Matter of fact, have small claim trial on monday the 16,th




Originally Posted by Gobble
I own a pawn shop and have had this happen a few times. first of all it is not that big of a deal. You will be fine no trouble for you. I would not do anything till they contact you sometimes they don't if the charges get dropped or they are just being lazy they will never come get it from you. If the owner of the gun does not push it the leo will forget about it. Remember you did nothing wrong so you will be fine. If they want the gun give it to them. Make sure you have a record of you giving it to them they will probably lose it






lol. It is not as big a deal as you think it is, it happens everyday. You will not get your money back you can try but you will spend 2000.00 to get your 500.00 Unless the guy you bought it from is truly on the up and up and pays you. Small claims court is a joke. Good luck and don't lose sleep over it.

IC B3

Joined: Nov 2005
Posts: 7,467
Campfire Tracker
Offline
Campfire Tracker
Joined: Nov 2005
Posts: 7,467
Originally Posted by ColdBore
And when he called in the background check, it was cleared to transfer?

If stolen, I would think it would've been caught at that point in the process. If not, you and the gun were cleared through a background check. So, you should be in the clear, even if they do come get the gun.
A NICS check focuses on the buyer's eligibility to possess a firearm, not the firearm's status.

It is likely the pawn shop's records were reviewed and a firearm that passed through their possession showed to be stolen in a database. They then produced a record of its disposition and that person then turned the investigators on to the gun's current owner.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
Joined: Oct 2009
Posts: 1,231
Campfire Regular
Offline
Campfire Regular
Joined: Oct 2009
Posts: 1,231
I got to go with "Coldbore" on this one. Something don't add up. If it was me I would go back to the FFL that did the transfer--have him inquire of the FFL at the pawn shop. This rifle has cleared the hurdles "Twice". For an un-known "internet person"to contact you, rather than the authorities, just seems to raise the hackles a bit. Ya might not want to take everything at face value on this deal--has an odor to it,
G


"If you don't stand up for what you believe,,you stand for nothing"
Joined: Nov 2005
Posts: 7,467
Campfire Tracker
Offline
Campfire Tracker
Joined: Nov 2005
Posts: 7,467
Originally Posted by gkdir
I got to go with "Coldbore" on this one. Something don't add up. If it was me I would go back to the FFL that did the transfer--have him inquire of the FFL at the pawn shop. This rifle has cleared the hurdles "Twice". For an un-known "internet person"to contact you, rather than the authorities, just seems to raise the hackles a bit. Ya might not want to take everything at face value on this deal--has an odor to it,
G
What "hurdles?" Where are you getting this horseshit? The pawn shop received the firearm from wherever and reported its receipt. No one contacted the pawn shop until after they disposed of it. The current buyer filled out a BATFE form 4473 and had a NICS check conducted on HIM -- not his gun.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
Joined: Jan 2005
Posts: 8,759
C
Campfire Outfitter
Offline
Campfire Outfitter
C
Joined: Jan 2005
Posts: 8,759
Funny.

I tried to buy a rifle a few years back at a pawn shop. The background check was taking a while, so the guy said "Go get some lunch and give me a call when you're done to see if it came through by then".

So I do. He tells me "Uh, you need to come back in here....".

My first thought was Hell No, not if the cops are waiting for me! laugh

When I get back, he tells me that *I* am fine, but the rifle had come up stolen. The police were on their way to pick it up.

Regardless, I still say the poster here should be fine. If somebody is intentionally and knowingly going to buy a stolen firearm, I'd think that the LAST thing they would do is transfer it through an FFL, leaving a solid paper trail to connect them to the gun.

IC B2

Joined: Nov 2005
Posts: 7,467
Campfire Tracker
Offline
Campfire Tracker
Joined: Nov 2005
Posts: 7,467
Originally Posted by ColdBore
Funny.

I tried to buy a rifle a few years back at a pawn shop. The background check was taking a while, so the guy said "Go get some lunch and give me a call when you're done to see if it came through by then".

So I do. He tells me "Uh, you need to come back in here....".

My first thought was Hell No, not if the cops are waiting for me! laugh

When I get back, he tells me that *I* am fine, but the rifle had come up stolen. The police were on their way to pick it up.

Regardless, I still say the poster here should be fine. If somebody is intentionally and knowingly going to buy a stolen firearm, I'd think that the LAST thing they would do is transfer it through an FFL, leaving a solid paper trail to connect them to the gun.
That was coincidental to your NICS check. Pawn shops receive firearms and report their receipt to the BATFE. The BATFE gets back to them whenever. In your case the BATFE contacted the shop during the transfer.

There's not any special "mojo" that goes on when you buy a firearm from a pawn shop. The standard NICS check goes through at the federal level as with ALL FFLs plus whatever state bullshit is present. Which is not much in PA.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
Joined: Mar 2006
Posts: 17,289
Campfire Ranger
Offline
Campfire Ranger
Joined: Mar 2006
Posts: 17,289
Originally Posted by Redbone311
Originally Posted by Grumulkin
Originally Posted by 10ring1

1. Am I in trouble?
2. How can I get my money back if the seller doesn't cooperate?
3. What happens next?


1. You're not in trouble.
2. If the seller doesn't cooperate, you'll have to sue him. Whatever "agent" is involved in recovery will no doubt follow the paper trail back and try to find the one who stole the gun in the first place.

It would, by the way, be pretty dumb to "lose the gun" since it's already established that you received it. That would get you into trouble.


I'm with this guy 100 percent.
You are not in trouble. You bought it in good faith and not knowing.
The local police have nothing to do with you getting your money back!
You are not likely to get any money back from the seller. Actually everyone down the line would have to go back to the pawn shop. And he is not likely to reimburse you.
Calling a lawyer is even dumber than telling the police to get your money back. That will only cost you more money and make the $500 seem like it was very cheap.
If you bought it from a listing on Gunbroker they may reimburse you some.
Don't even think of "losing it" like someone said. That WILL get you arrested. Then the $500 will look very cheap compared to the lawyer fees and fines, etc. Paperwork already shows that you had possession.

Best of luck to you on this. Just be glad it wasn't more expensive.


I agree with most everything said here. Here's my opinion on this.

The only person you can get your money back from is the seller. You have no claims against who he bought it from. If he refunds the money, he in turn has to go after the person or business that sold it to him for whatever amount he paid for it.

Lawyer - nope. For $500.00 it's not worthwhile.

I truly doubt if local police will do anything to help you recover the money. That's not their job. The money end of it is a civil matter. The law enforcement officer invovled might make a suggestion to the seller to reimburse you, but that's as far as he could go with it.

As far as keeping the gun without pursuing this now - nope. It could come back to haunt you later. If you don't hear anything soon, contact the seller and ask for the name and contact info of the law enforcement officer that contacted him.

If the guy won't reimburse you - small claims court. IMO, it'd be a slam dunk as long as you had all the proper paperwork to prove you unknowingly received stolen property. A copy of the ad, canceled check/proof of payment, FFL transfer and a police report detailing the circumstances.

One thing though. Winning in small claims court is not a guarantee that he'll actually pay you. There's other hoops to jump through if he doesn't choke the money up willingly.

edited to add: If the seller doesn't give you the contact info for the law enforcement officer involved ............ I'd be inclined to inquire whether it is stolen property or not with local law enforcement. Keeping a stolen firearm in your possession is not a good idea. I wouldn't want it.

Last edited by fish head; 05/12/11.
Joined: Jan 2010
Posts: 1,454
R
Campfire Regular
Offline
Campfire Regular
R
Joined: Jan 2010
Posts: 1,454
Bricktop is right on this.
There is no magic, no mystery, no "something fishy" BS.
When a FFL does a NICS check to sell/transfer the gun it is done on the BUYER of the gun. Not on the gun at all.

Joined: Aug 2003
Posts: 17,491
Campfire Ranger
Offline
Campfire Ranger
Joined: Aug 2003
Posts: 17,491
I would not contact law enforcement unless you happen to be feeling generous. I have never come out on a good end when dealing with the Alaska State Troopers on anything, especially when it involved firearms. (One was a gun which my FIL purchased from a fellow; the gun was one which had originally been stolen from me! It was stolen twice IOW.) I would either send the gun back so that it can be handled by law - if that's where they tracked it to, with reimbursement being made prior, or just hang on and wait and see what happens. It's very possible that the seller is trying to pull something shady.


Sometimes, the air you 'let in'matters less than the air you 'let out'.
Joined: Jan 2010
Posts: 1,454
R
Campfire Regular
Offline
Campfire Regular
R
Joined: Jan 2010
Posts: 1,454
One more thing... IF the original owner filed an insurance claim on this gun and was paid for it, then the insurance company owns it now.
They may be very willing to let you keep the gun if you pay them for whatever amount that they paid out on it. Which may be much less than the $500.
Insurance companies do not want the hassle of owning and reselling property.
And especially if it is firearms. They don't want the paperwork and liability.
You may be cut a very good deal on it.
Try and do a little background investigation on your own or through the police at the originating agency (police department where the gun was reported stolen in the first place)
Good luck to you.

IC B3

Joined: Dec 2008
Posts: 391
C
Campfire Member
Offline
Campfire Member
C
Joined: Dec 2008
Posts: 391
Been a cop for 20+ years and a FFL dealer for 15 years. Bricktop is correct "again".....

And
1. You are not in trouble (unless you knew it was stolen and then purchased)
2. Small claims is best option
3. An officer may come by and pick it up or you may be asked to take it to the nearest police department. I would not ship it...let the police department do that for you. Do not keep it in your possession unless you have the police department check it to see if it has been listed as stolen. Either way I would use your Police Department as a resource.
Small claims works about 75+% of the time.

Just sayin.......

Hope this helps !!!!


Sometimes it is better to ask for forgiveness than permission...
Joined: Sep 2010
Posts: 61
Campfire Greenhorn
Offline
Campfire Greenhorn
Joined: Sep 2010
Posts: 61
Hire the lawyer to update your will and pay him with the gun in trade for services.

Joined: Dec 2007
Posts: 3,353
K
KLM Offline
Campfire Tracker
Offline
Campfire Tracker
K
Joined: Dec 2007
Posts: 3,353
I am gaining respect for "Bricktop".

Uniform Commercial Code covers this,(precedent law).

As long as you did not knowingly receive the stolen property you will be fine.

As stated earlier, worse case you are out the $500.

Joined: Dec 2008
Posts: 5,187
O
Campfire Tracker
Offline
Campfire Tracker
O
Joined: Dec 2008
Posts: 5,187
Bricktop is spooky but right on this time. grin

Suggest that prior to releasing the gun you receive from the seizing police agency. 1. Copy of the org theft report. 2. Signed departmental receipt for the gun from the seizing officer.

You will need these to aid in regaining your money, esp if you end up in small claims court. GW


If an injury has to be done to a man it should be so severe that his vengeance need not be feared. MACHIAVELLI
Joined: Feb 2011
Posts: 1,882
L
Campfire Regular
Offline
Campfire Regular
L
Joined: Feb 2011
Posts: 1,882
If the seller has any reservations about coughing up the $500 I'd remind him that holding you to the deal is considerd Trafficing of Stolen Goods, which is likely a felony in your state.
Regardless of the item's value it's a felony here in WA.
Since he claims he didn't know it was stolen it may not stick but for $500 is he willing to risk it?
Good luck

Last edited by Launchingrounds; 05/12/11.
Joined: Aug 2008
Posts: 897
J
Campfire Regular
Offline
Campfire Regular
J
Joined: Aug 2008
Posts: 897
Why is this in the classifieds section?

Joined: Jan 2009
Posts: 5,218
Campfire Tracker
Offline
Campfire Tracker
Joined: Jan 2009
Posts: 5,218
Strip it down to the naked frame. That's all you have to give back.

Tell everyone to go blow.


I could wish a lot of things on my worst enemy but neuropathy ain't one of them.
Joined: Jan 2005
Posts: 8,759
C
Campfire Outfitter
Offline
Campfire Outfitter
C
Joined: Jan 2005
Posts: 8,759
Originally Posted by Bricktop
The standard NICS check goes through at the federal level as with ALL FFLs plus whatever state bullshit is present. Which is not much in PA.


It was in TN.

Joined: Nov 2005
Posts: 7,467
Campfire Tracker
Offline
Campfire Tracker
Joined: Nov 2005
Posts: 7,467
Originally Posted by ColdBore
Originally Posted by Bricktop
The standard NICS check goes through at the federal level as with ALL FFLs plus whatever state bullshit is present. Which is not much in PA.
It was in TN.
The thread author lists his location as PA and so do you, hence my referencing it.


I have come here to chew bubblegum and kick ass. And I'm all out of bubblegum.

Originally Posted by safariman
I do tend to fit in well wherever I go in person.

Originally Posted by Fireball2
The campfire is the most outside exposure I get. No TV, no newspaper.
Joined: May 2006
Posts: 4,059
V
Campfire Tracker
Offline
Campfire Tracker
V
Joined: May 2006
Posts: 4,059
What was the gun? smile


“There is no limit to the amount of good you can do if you don’t care who gets credit.” R. Reagan
Page 2 of 5 1 2 3 4 5

Moderated by  RickBin 

Link Copied to Clipboard
YB23

Who's Online Now
654 members (17CalFan, 257_X_50, 10gaugemag, 257Bob, 12344mag, 1234, 73 invisible), 2,971 guests, and 1,380 robots.
Key: Admin, Global Mod, Mod
Forum Statistics
Forums81
Topics1,187,668
Posts18,399,405
Members73,817
Most Online11,491
Jul 7th, 2023









Fish & Game Departments | Solunar Tables | Mission Statement | Privacy Policy | Contact Us | DMCA
Hunting | Fishing | Camping | Backpacking | Reloading | Campfire Forums | Gear Shop
Copyright © 2000-2023 24hourcampfire.com, Inc. All Rights Reserved.
 
Powered by UBB.threads™ PHP Forum Software 7.7.5
(Release build 20201027)
Responsive Width:

PHP: 7.3.33 Page Time: 0.083s Queries: 15 (0.006s) Memory: 0.9067 MB (Peak: 1.0816 MB) Data Comp: Zlib Server Time: 2024-03-28 20:14:53 UTC
Valid HTML 5 and Valid CSS