Pawn shop question

[Spots]

So I was out doing a lil pawn shop looking while waiting on work to start due to a computer delay. I was looking at pistols and overheard a conversation between the clerk and someone picking up a gun. He said he was getting his pistol back before they got banned and he lost it. Now my question. There are probably several thousand firearms in pawns at any one time. If a ban passed, and that weapon was illegal, what would happen to it, since its technically your property (i think, never pawned anything) but they still have to do a background check. How would you get the it back, or would you?

[R_Bert]

unless you pay to get it back, it is not your property (you exchanged it under contract for cash). 

Edited January 12, 2013 by R_Bert

[DaveTN]

The laws will be very specific. We would just be speculating at this time. If they are banned from ownership, an FFL would be required to do whatever the law prescribes. If you can legally have them; they would give them back.

[Spots]

unless you pay to get it back, it is not your property (you exchanged it under contract for cash).

Didn't know that, never seen a pawn contract. And your right Dave I am.just speculating, just thought it was intresting that some specifically named a possible ban as the reason for paying it out right now.

[mcurrier]

unless you pay to get it back, it is not your property (you exchanged it under contract for cash). 

 

Actually, it is still your property, same as a titled auto or home used as laon collateral, until you default on the payment/repayment terms as it was merely placed in a temporary condition of lien as collateral against the loan.  Upon defaulting on the payment agreement and/or full discharging of the loan under terms, then the ownership falls to the pawn shop and they can do with it what they like.

[vontar]

Actually, it is still your property, same as a titled auto or home used as laon collateral, until you default on the payment/repayment terms as it was merely placed in a temporary condition of lien as collateral against the loan.  Upon defaulting on the payment agreement and/or full discharging of the loan under terms, then the ownership falls to the pawn shop and they can do with it what they like.

 

So as along as one does not default on payment, the question would be if the item became a banned item and you made the last payment would you be allowed to get it back?

1.  Load terms met, (repayment)

2. they are holding it and have to FFL it back to you I think. But could they will be another question.

[Dolomite_supafly]

And when you pick your pawned firearm up you will still need to complete a TICS background and pay the $10. Even if it was you that dropped it off and were the one picking it back up.

Dolomite

[vontar]

And that is where a person with a pawned AR would suddenly find, hey it is paid for but according the TICS I am OK but the AR isn't.  Then a person would be in a mess.  The pawn shop would want to keep the money and may not be able to do much with the AR.  The person would be screwed.

[Spots]

Thats what I was getting at. If its banned, but not confiscated. Would you just be sol and the pawn shop has a gun they can't sell or transfer back to the owner?

[DaveTN]

Thats what I was getting at. If its banned, but not confiscated. Would you just be sol and the pawn shop has a gun they can't sell or transfer back to the owner?

We are playing “What if” now, but if you can’t legally have it neither could the FFL. It probably wouldn’t be there when you went to get it; it would have been surrendered as an illegal weapon.

[Guest 6.8 AR]

All good reasons to not ever pawn something you might value so highly.

[Guest Lester Weevils]

The gov would probably buy em back at some fair statutory rate-- Perhaps a dollar per pound. So it wouldn't be a complete loss! :)

[swim615]

And when you pick your pawned firearm up you will still need to complete a TICS background and pay the $10. Even if it was you that dropped it off and were the one picking it back up.

Dolomite

What if becomes a NFA item? Then it may cost a extra $200 tax stamp and 6 or 12 month wait. Ouch

[mcurrier]

[quote name="vontar" post="882777" timestamp="1358015871"]So as along as one does not default on payment, the question would be if the item became a banned item and you made the last payment would you be allowed to get it back? 1.  Load terms met, (repayment) 2. they are holding it and have to FFL it back to you I think. But could they will be another question.[/quote] That remains to be seen.

[mcurrier]

[quote name="Dolomite_supafly" post="882791" timestamp="1358016417"]And when you pick your pawned firearm up you will still need to complete a TICS background and pay the $10. Even if it was you that dropped it off and were the one picking it back up. Dolomite[/quote] Unless that is a recent deveopment, I never did when pawning a gun here in TN several times about 15-19 years ago.

[vontar]

Unless that is a recent deveopment, I never did when pawning a gun here in TN several times about 15-19 years ago.

I believe now during check in they have to submit the SN to check for stolen. 

 

Then to get it back if it an FFL and background check.

 

Never brought one from a pawn shop but from what I have heard on a used gun you can pretty much rest assured it is not stole that has been checked.

(unless a shady pawn shop) 

[Oh Shoot]

Pretty tenuous to opine about a narrow nuance within a larger possibly unprecedented legal quagmire, so I won't.

 

No need to thank me for this content-free post. :)

 

- OS

 

 

[Dolomite_supafly]

The TICS check started in the last 3-5 years. It was more about catching stolen firearms as well as preventing those who aren't allowed to own them from getting them back. It was done for pawnshops but also applies to guns placed on consignment at a regular gunshop as well.

 

Dolomite

[Patton]

The TICS check started in the last 3-5 years. It was more about catching stolen firearms as well as preventing those who aren't allowed to own them from getting them back. It was done for pawnshops but also applies to guns placed on consignment at a regular gunshop as well.
 
Dolomite

Correct but I believe this started in 2010. Wow that has been 3 years.

[1morethan8]

I was a licensed gunsmith about 30 years ago. Any time a firearm came in for repair it was logged in with all info and logged out when it was picked up. You had to have a record of all guns in the shop and any part with serial number, frame, etc.

I was only checked one time, a friend in Georgia was checked about every month.

I don't know the rules now, I would think a log would still be used?

[mcurrier]

[quote name="1morethan8" post="883732" timestamp="1358097142"]I was a licensed gunsmith about 30 years ago. Any time a firearm came in for repair it was logged in with all info and logged out when it was picked up. You had to have a record of all guns in the shop and any part with serial number, frame, etc. I was only checked one time, a friend in Georgia was checked about every month. I don't know the rules now, I would think a log would still be used?[/quote]Log, yes, that's a given. The question was regarding TICS.

[1morethan8]

Log, yes, that's a given. The question was regarding TICS.

 

Yes, it still puts your name on the "list" even if you are not the one who is the original registered owner.

Just another way to track a gun and owner.

[Patton]

I believe it has been answered, but if you pawn a firearm at the time that you pick it up a TICS check is in order. I'm sure someone has thought they owned a clear gun before and pawned it just to pay it off and have it come back hot. That would suck.

[decotriumph]

The TICS check started in the last 3-5 years. It was more about catching stolen firearms as well as preventing those who aren't allowed to own them from getting them back. It was done for pawnshops but also applies to guns placed on consignment at a regular gunshop as well.

 

Dolomite

True but the part about consignments seems to not be well enforced. I've put guns on consignment and each place told me that if I came to pick up the gun, I'd have to do the TICS check. In all 3 cases (3 shops), they didn't do one.

Edited January 14, 2013 by decotriumph