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#5233051 - 05/13/11 So I unknowingly buy this stolen gun...what now?
10ring1 Online   content
Campfire Regular

Registered: 11/15/08
Posts: 1029
Loc: Pa, USA
Hi, I recently purchased a gun from a man who appearantly didn't know it was stolen. He supposedly bought it from a pawn shop, advertised it online and sold it to ME (of course). I have about 500 in the gun. It was transferred through my FFL when he shipped it to me. He emails me and tells me a government agent will contact me in regards to recovery.
Many questions:
1. Am I in trouble?
2. How can I get my money back if the seller doesn't cooperate?
3. What happens next?

Thanks everyone for your advice.
_________________________
Live and die by the Browning...

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#5233061 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
nsaqam Offline
Campfire Kahuna

Registered: 05/01/08
Posts: 16540
Loc: Hermantown MN
Ouch!

That really sucks.

I'm interested to hear what folks say about this.

IIRC if you bought it in good faith I do not believe you will be held criminally liable.

Your money? Who knows.
_________________________
The Chosin Few November to December 1950, Korea.
I'm not one of the Chosin Few but no more remarkable group of Americans ever existed.

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#5233066 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: nsaqam]
GTP350 Offline
Campfire Regular

Registered: 02/24/10
Posts: 1301
Loc: New England
Get with your local PD and have them get involved to work to start a pay back process.

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#5233067 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
crow_sniper Online   content
Campfire Regular

Registered: 01/07/05
Posts: 1201
Loc: KY.
I wouldnt worry too bad,sounds like all you did was receive stolen property. Most likely the guy you bought it from will refund your money.

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#5233069 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
mudder700 Online   content
Campfire Guide

Registered: 03/10/09
Posts: 2705
Loc: Upstate,NY)
You won't get in trouble UNLESS you knew it was stolen,small claims court if the seller doesn't cooperate and lastly, I would make sure it was a goverment agent you are sending too, not just a scammer...

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#5233074 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
bubbadad Offline
Member

Registered: 01/02/11
Posts: 123
Loc: southern, in
i had this happen to me locally. i bought a pistol from an guy i know.turns out he stole it from his father.police came and took the pistoland gave me information on how to get my money back. and no ,if you did not know it was stolen.chris

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#5233078 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: mudder700]
theduke308 Offline
Campfire Regular

Registered: 01/01/11
Posts: 1369
Loc: Between Here and There
File off the serial number and place in your gun safe and play dumb laugh


Edited by theduke308 (05/13/11)

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#5233083 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
Waders Offline
Campfire Tracker

Registered: 10/25/00
Posts: 7480
Originally Posted By: 10ring1
Hi, I recently purchased a gun from a man who appearantly didn't know it was stolen. He supposedly bought it from a pawn shop, advertised it online and sold it to ME (of course). I have about 500 in the gun. It was transferred through my FFL when he shipped it to me. He emails me and tells me a government agent will contact me in regards to recovery.
Many questions:
1. Am I in trouble?
2. How can I get my money back if the seller doesn't cooperate?
3. What happens next?

Thanks everyone for your advice.


DO NOT call the police until you first talk to an attorney licensed to practice in your jurisdiction!! You need to know what your risks are, along with your obligations!

If you call the PD, you may be placing yourself at their mercy--and what if they have none?

Call the attorney and get advice as to how to best do the right thing.
_________________________
Wade

"Let's Roll!" - Todd Beamer 9/11/01.

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#5233094 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: Waders]
Hairtrigger Online   content
Campfire Regular

Registered: 09/22/03
Posts: 1101
Loc: Shoreline of Erie before the G...
Lose the gun!!
$500 will be less than your attorney fees
_________________________
I am one gun away from happy

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#5233111 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: Hairtrigger]
crow_sniper Online   content
Campfire Regular

Registered: 01/07/05
Posts: 1201
Loc: KY.
Originally Posted By: Hairtrigger
Lose the gun!!
$500 will be less than your attorney fees
Yep-if you have to pay a lawyer you will lose BIG TIME!!

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#5233129 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: Hairtrigger]
cotis Online   content
Campfire Regular

Registered: 01/03/10
Posts: 763
Loc: Memphis, TN
You purchased the gun legally through an FFL. I honestly dont think anything lands on you, but cover your 6 just in case. Ask a lawyer friend if you can.

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#5233157 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: cotis]
frankmartinez Offline
Campfire Regular

Registered: 01/03/05
Posts: 781
There is always time for lawyers later. Contact the folks in line and ask each to pay back the funds. If they refuse they are the ones in trouble both in the eyes of the DOJ and the courts.
It does not cost you much to go to court to sue for funds and cost of court. Collection on the other hand can take a lot of effort and time and may eventually not be worth the effort.
Frank

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#5233161 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: crow_sniper]
rc82bttb Offline
Campfire Guide

Registered: 02/10/04
Posts: 2901
Loc: Central Washington
See if the PD can help you recover your money. If not move on and forget about the $500. The lawyer is going to take you for more IME...
_________________________
Rick

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#5233176 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
Grumulkin Offline
Campfire Regular

Registered: 03/10/06
Posts: 1171
Loc: Ohio, U.S.A.
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.

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#5233177 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: cotis]
Gobble Offline
Campfire Regular

Registered: 01/05/09
Posts: 560
Loc: Lawrenceburg,TN
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.

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#5233183 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: rc82bttb]
MNDOG Offline
Member

Registered: 06/29/10
Posts: 53
Loc: Metro MN
Call the ATF and they will likely send you your money and then some and have you send the gun to an undisclosed address in Mexico.

In all seriousness, the local PD is not a bad option. your state may have laws against possesion of stolen firearms, regardless of what the DOJ or other TLA agency might think. better off coming clean and losing 500$ than losing your rights as a gun owner.

In preperation for the future please be prepared to be waitlisted by the FBI on all future background checks. you'll likely have a flag moving forward at no fault of your own it sounds.

Best of luck to you man and let us know how it turns out.

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#5233222 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: Grumulkin]
Redbone311 Offline
Campfire Regular

Registered: 01/11/10
Posts: 1250
Loc: Connecticut
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.

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#5233257 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: 10ring1]
ColdBore Offline
Campfire Outfitter

Registered: 01/05/05
Posts: 8759
Originally Posted By: 10ring1
Hi, I recently purchased a gun from a man who appearantly didn't know it was stolen. He supposedly bought it from a pawn shop, advertised it online and sold it to ME (of course). I have about 500 in the gun. It was transferred through my FFL when he shipped it to me. He emails me and tells me a government agent will contact me in regards to recovery.


The italicized part is where you lost me.

It was shipped, then transferred through an FFL?

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.

Something though just isn't adding up... The seller contacted you that it was stolen? How does he know?

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#5233293 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: crow_sniper]
salty444 Offline
Campfire Regular

Registered: 09/27/06
Posts: 529
Loc: Ulster county NY
Originally Posted By: crow_sniper
Originally Posted By: Hairtrigger
Lose the gun!!
$500 will be less than your attorney fees
Yep-if you have to pay a lawyer you will lose BIG TIME!!


I second that

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#5233297 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: salty444]
ColdBore Offline
Campfire Outfitter

Registered: 01/05/05
Posts: 8759
Originally Posted By: salty444
Originally Posted By: crow_sniper
Originally Posted By: Hairtrigger
Lose the gun!!
$500 will be less than your attorney fees
Yep-if you have to pay a lawyer you will lose BIG TIME!!


I second that


Wrong answer, x2.

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#5233317 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: Gobble]
salty444 Offline
Campfire Regular

Registered: 09/27/06
Posts: 529
Loc: Ulster county NY

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.

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#5233318 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: ColdBore]
Bricktop Offline
Campfire Tracker

Registered: 11/14/05
Posts: 7422
Loc: With your mother.....
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.

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#5233324 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: salty444]
gddir Offline
Campfire Regular

Registered: 10/04/09
Posts: 1222
Loc: Oklahoma/Kansas
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"

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#5233335 - 05/13/11 Re: So I unknowingly buy this stolen gun...what now? [Re: gddir]
Bricktop Offline
Campfire Tracker

Registered: 11/14/05
Posts: 7422
Loc: With your mother.....
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.

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