Gunboards Forums banner

1 - 15 of 15 Posts

·
Registered
Joined
·
182 Posts
Discussion Starter #1
I just wanted to let you guys know what I'm going through right now. I bought a gun at a pawn shop in 2004 that was pawned in 2001. It sat on thier shelf for 3 years. It sat in my safe for 3 years. I sold it at another pawn shop on consignment last month and the pawn shop was notified that the gun was reported stolen 1 month after it was sold. I have my purchase reciet and selling reciet so I am most likely OK. I bought for 110.00 and sold for 275.00 so I will most certin get dingged for my profit. The selling shop is talking to the local police and I gave them copies of both the reciets so they said I might not even hear from the cops. The seller was a 52 year old from the local area. I think he may have reported it stolen much later after he lost it in pawn. Maybe an insurance scam, NRA or Home Owners insurance. That is why it did not show up as stolen when he pawned it. I guess I just sit an wait to hear from the pawn shop or the cops. This has made me really sick the last week. SAVE YOUR RECIETS FROM EVERY GUN! I will post the outcome when I hear anything.
 

·
Gold Bullet member
Joined
·
550 Posts
I keep original paperwork and complete copies in two separate places.

regards....roger
 

·
Super Moderator
Joined
·
6,318 Posts
Welcome back tooltown, but that's a pretty sad first post to the new forum. I look forward to the rest of the story.
 

·
Registered
Joined
·
480 Posts
It has been a loooooong time since I studied property and contracts in school, but I seem to remember a concept called "bona fide purchaser for value" under which someone who did not have good title (a thief, for example) could pass good title to an innocent purchaser who paid fair value and had no notice of the flaw in the seller's title. You had to be innocent, and you had to pay for the property (not receive it as a gift or inheritance) but if you met the tests you ended up with good title, even as against the original owner.

As I understand tooltown's fact pattern, Original Owner pawned gun at pawnshop1 in 2001 and did not redeem it, tooltown bought it from pawnshop1 in 2004, and then sold the gun in 2007 through pawnshop2 to New Owner. Original Owner, in 2007, reports gun stolen, presumably in 2001 or before. (Correct me if I misinterpreted when the "1 month after it was sold" was.)

Are there any practicing lawyers here who can say if I even remember the bona fide purchaser doctrine correctly, and if so, whether it applies to personal property, and (again) if so, why this concept wouldn't apply to firearms like any other personal property? Personally, I'm having difficulty understanding why, under this fact pattern, anybody would think someone other than New Owner has legal title to this gun at this point in time.
 

·
Registered
Joined
·
182 Posts
Discussion Starter #8 (Edited)
I was notified by the PS2 1 month after they sold it that the police sent them a notice that my gun was reported stolen. I dont have any details as to when it was reported or who reported it. It may have been reported stolen years ago and the info just did not catch up till now. This is really scary and I think I am going to have by buddy who is a cop, take all my ser# and run them for stolen. The good thing is that this 1 gun was the only gun that this guy pawned so I did not get a second gun from the same seller. I purchase most of the guns from this pawn shop. They only take high end and don't resell to the public. They have a few people they call when something comes up for sale and one of us buy what he has to sell. I will update when I hear something new.
 

·
Registered
Joined
·
78 Posts
Okay, so the way I understand this is that you paid for the pistol through a pawn shop deal and then sold it through a pawn shop deal 3 years later. Now, a month after the pistol was sold (and you have the money, right?), someone says, "Opps, the gun was reported stolen after you originally bought it years ago." And, of course, you have receipts and paperwork to back up the fact that you engaged in bone fide transactions within the law of the State of Washington.

Assuming the above to be factual, I say cooperate fully with law enforcement in their inquiry, but hang on to the money. It does not appear that you did anything wrong. Let law enforcement sort it out. It may well be that the guy who originally pawned the pistol returned to claim it and was told, "Sorry, it was sold to cover storage and interest." The guy got PO'd and filed the stolen property report.

Now, someone ultimately may get burned (moneywise), but you are no more responsible than any of the others in all these transactions. Hold on to your money unless someone serves you with a court order instructing you to do otherwise. If the property (pistol) is ultimately returned to the guy who reported it stolen, let the last buyer worry about what he's going to do.

It's sort of like counterfeit currency, the last guy holding on to it when it is found to be counterfeit gets burned (moneywise), the actual counterfeiter . . . well, he gets prison. It's also a little like combat, i.e, pull your helmet down around you in your foxhole and let the sh++ pass you by . . . ;)

FWIW and Good Luck,
 

·
Registered
Joined
·
182 Posts
Discussion Starter #10
This is exactlly the case! I am going to lay low until the gun starts rolling down hill. I am good buddies with both ps1 and ps2. I have gotten great deals and made lots of money from trades with both stores. I don't want to burn bridges with either because they are both good to me. I will most likely eat the loss if it comes down to it. It has been made up to me 10 times over. I just hope the quilty party gets a cell mate that has aids. LOL Really this has been a cheap lesson for me that I wanted to pass on to all of you.
 

·
Moderator / Gold Bullet member
Joined
·
6,263 Posts
i thought it was practice that the pawnee had to leave a thumb print????

I don't think the Pawnee do, maybe Arapahoe, Comanche and Choctow. :D

SlimTim
 

·
Registered
Joined
·
840 Posts
Wouldn't a Pawnee leave a Paw print??
 

·
Moderator / Gold Bullet member
Joined
·
6,263 Posts
No more than a Blackfoot would leave a foot print. :eek:

SlimTim
 
1 - 15 of 15 Posts
Top