failed background check pawned firearm

[Holeshotz]

Hello Im hoping someone can shed light on the laws regarding pawned firearms. Id like to purchase a firearm that the owner pawned but is unable to retrieve because he failed the background check. I have the original pawn ticket but the pawn shop won't give me a straight answer as to why they wont sell it .

They told me to come back when the ticket expires and we can negotiate a price for the gun (which obviously will be much more then the 200 dollars they loaned)

From what i've read:

the holder of the memorandum or pawn ticket shall be presumed to be the person entitled to redeem the pledge. The pawnbroker shall deliver the pledge to the person presenting such memorandum or pawn ticket upon payment of principal and interest due on the pledge loan.

[ugimports]

Don't k ow answer but contact member acespawnshop

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[pacrat]

Don't k ow answer but contact member acespawnshop

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^^^I'm with UG^^^, Aces will most likely have the right answer.

For the sake of discussion. Failing a BG check prohibits a person from possessing a firearm. It does not IMO give the FFL the right to keep, and then sell the firearm to another person for more than initially owed.

Again IMO and IANAL. If you and the ticket holder appear and pay off the ticket. The broker could then PPT the item to you. As long as the ticket holder at no time takes possession of the firearm.

[Holeshotz]

Agreed. So here's a bunch of info I left out of the original post. The person that pawned the gun failed the background check (when trying to get guns back) due to conviction of a prohibiting misdemeanor the year prior.

His background check also mentioned he was denied 6 months prior from purchasing a firearm due to same restriction. So he knew / knows he's not allowed to own firearms, not to mention he just added 3 counts of unlawfully purchasing a firearm (2 failed background check and act of possessing the gun he pawned).

Point being there is no way this guy is getting his gun back, which is why he gave me the original pawn ticket.

I found this on ATF website:

To whom may a pawnbroker return a pawned firearm?

[kemasa]

I suspect that the problem is that it is assumed that it is a straw purchase, that the original owner gave you the ticket to get the firearm back for him. There is also the money issue as well.

[acespawnshop]

Financial code regarding pawned firearms says the lender has to immediately turn in the pawned firearm to police should the borrower fail their background check. Then the PD can handle it from that point. But since the pawn shop has no vested interest in it since they’ve already been repaid they can’t keep it and sell it. Now if the borrower goes to the PD and wants a willing FFL to sell his firearm that’s a whole different situation. But that’s why. If the pawn shop still has the gun and didn’t turn it over to the PD they broke the law.

[acespawnshop]

Agreed. So here's a bunch of info I left out of the original post. The person that pawned the gun failed the background check (when trying to get guns back) due to conviction of a prohibiting misdemeanor the year prior.

His background check also mentioned he was denied 6 months prior from purchasing a firearm due to same restriction. So he knew / knows he's not allowed to own firearms, not to mention he just added 3 counts of unlawfully purchasing a firearm (2 failed background check and act of possessing the gun he pawned).

Point being there is no way this guy is getting his gun back, which is why he gave me the original pawn ticket.

I found this on ATF website:

To whom may a pawnbroker return a pawned firearm?

[Holeshotz]

I'm sure there are a ton of things I've left out.. I have no idea where to look.. Help me please should also note this pawnshop is Oregon (just moved up a few months ago)

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[Holeshotz]

Just saw reply.... Thank you!!!!

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[Sir Toast]

Uhh, it sounds like the owner came back and repaid his loan to the pawn shop while your DROS was pending.

[acespawnshop]

Well I can’t help much. Oregon law is probably different. My bro in law has a shop in Arizona and their laws are way different than us in CA. You’re probably beat to see what the pawnbroker in Oregon says and go with that.

[acespawnshop]

Oh and I should note that the pawn ticket probably has some wording on it that says that its up to the pawn shop if anybody other than the borrower brings in a ticket to redeem it. Ours does. We don't give out property to anybody but the borrower. If you end up in jail, or whatever don't send your baby mama in to redeem your stuff. We can collect interest from whomever but we only give out property to the person that pawned it.

[acespawnshop]

Oh and it should really be noted that our pawn tickets specifically say that NO firearms will be redeemed to ANYBODY except the borrower.

[wpage]

Truth...

This...

Oh and it should really be noted that our pawn tickets specifically say that NO firearms will be redeemed to ANYBODY except the borrower.