Legal questoin about pawnshops

[JimmyMok]

Hello,

As you can see I am new to the forum. I found this forum while trying to find an answer to a legal question.

First, I would like to point out the reason I joined is that I found so many answers to questions I haven't even thought to ask yet here. So, I thought I should make sure to keep this forum readily available.

So, thanks in advance for all those answers!

I did a pretty good search of the forum ( as well as google ) and did not find an answer close to the one I am seeking.

Here is the situation.

Recently, I had to pawn my rifle ( I know I should never ever do that, but I was in a tight spot ), and the pawn shop took my rifle as collateral with no problems. I signed the normal pawn ticket and was about to leave when the guy said that there was a new law, some attachment to the Brady Bill, that required me to pass a Homeland Security background check. We talked for a few moments about it. I said the Brady Bill was for hand guns, and that rifles in Texas could be owned and purchased by anyone ( except felons ) over the age 18. He said that it changed. And he was saying that the law in pretty strict and that there is a good chance that I might not pass once I pay back the loan. I then asked what happens to my gun. He said he gets to keep it and will most likely sell it.

*note: He did not tell me the name of the law or a bill number, nor was it posted with all the others in his shop

The rifle is legally still mine, the shop is in possession of it as collateral for a loan. It will not be theirs unless I default on the loan. And, as he is saying, even if I pay off the loan there is a good chance I will fail the DHS check and it will be his anyway.

So my question to you is, is there a state or federal law that requires someone to pass a DHS background check in order to get "their" rifle out of pawn?

Or, is this guy just trying to scare me from bothering to get it back?

I am afraid that once I pay off the loan, he will simply say I failed the test and keep my rifle.

I just want to be well armed ( with the full knowledge of the law ) when I go to get my rifle back.

Thanks in advance for anyone considering my questions.

 

[Texan2]

Hello,

As you can see I am new to the forum. I found this forum while trying to find an answer to a legal question.

First, I would like to point out the reason I joined is that I found so many answers to questions I haven't even thought to ask yet here. So, I thought I should make sure to keep this forum readily available.

So, thanks in advance for all those answers!

I did a pretty good search of the forum ( as well as google ) and did not find an answer close to the one I am seeking.

Here is the situation.

Recently, I had to pawn my rifle ( I know I should never ever do that, but I was in a tight spot ), and the pawn shop took my rifle as collateral with no problems. I signed the normal pawn ticket and was about to leave when the guy said that there was a new law, some attachment to the Brady Bill, that required me to pass a Homeland Security background check. We talked for a few moments about it. I said the Brady Bill was for hand guns, and that rifles in Texas could be owned and purchased by anyone ( except felons ) over the age 18. He said that it changed. And he was saying that the law in pretty strict and that there is a good chance that I might not pass once I pay back the loan. I then asked what happens to my gun. He said he gets to keep it and will most likely sell it.

*note: He did not tell me the name of the law or a bill number, nor was it posted with all the others in his shop

The rifle is legally still mine, the shop is in possession of it as collateral for a loan. It will not be theirs unless I default on the loan. And, as he is saying, even if I pay off the loan there is a good chance I will fail the DHS check and it will be his anyway.

So my question to you is, is there a state or federal law that requires someone to pass a DHS background check in order to get "their" rifle out of pawn?

Or, is this guy just trying to scare me from bothering to get it back?

I am afraid that once I pay off the loan, he will simply say I failed the test and keep my rifle.

I just want to be well armed ( with the full knowledge of the law ) when I go to get my rifle back.

Thanks in advance for anyone considering my questions.

Whenever you pawn any firearm, you must pass a NICS check to get it back. In the future, post it here, you will get lots more money for it.

 

[JimmyMok]

Thank you Texascop2,

That is exactly what i needed.

 

[Texan2]

You stated that he said or inferred, that "even if you pay it off there is a good chance you wont get it back anyway?"

That is BS unless you are a criminal. I would probably steer clear of this guy inthe future.

 

[navyguy]

It would have been nice if he had told you that before you signed the paperwork.

 

[txinvestigator]

Don't let them scam you. There is NO DHS check. You will have to fill out the usual 4473 and have a NICS check, but there are no "new laws".

 

[jake75]

He probably tells everyone that so there's a chance that they won't come back to pick it up and makes a lot of money off of his scam. I'd steer clear of that con artist.

 

[bvillars]

I had a pawn shop for several years. Just call the credit commissioner located on your pawn ticket and tell him what was stated. the pawnshop owner/employe will be glad to be of service. This does not mean no 4473, but it will cut out the BS.

 

[JimmyMok]

Thanks everyone, this is helpful information.

I will have no problems with the NICS, and I expected the fill out the 4473.

So, it is looking like he is just trying to scare me away from trying to get my rifle back.

And thanks Bvillars for that tip, should I do that soon, or wait until I try to get my rifle back?

Also, if he claims I didn't pass the NICS, can I request from him a copy of the report so I can appeal it?

Does it really mean that it becomes his the moment he says I didn't pass? I read that there is an appeal process.

Thanks again everyone, this is a great forum you guys got here.

And yeah, I will never pawn any of my forearms again.

 

[DirtyD]

Also, if he claims I didn't pass the NICS, can I request from him a copy of the report so I can appeal it?

Yes
Does it really mean that it becomes his the moment he says I didn't pass? I read that there is an appeal process.

No
Thanks again everyone, this is a great forum you guys got here.

Thanks

And yeah, I will never pawn any of my forearms again.
Yeah, the pawning of body parts is never a good idea!

Good luck, and welcome!

 

[Rabies]

I don't like that. I can see why it would be a law. They can get guns away from people who aren't eligible to own them by rejecting them on the background check when those people come to get them out of pawn. What I don't like is three things.

1. The firearm is already yours. You aren't permanently surrendering ownership of it or selling it, just getting a loan on it. It's not like you are trying to buy a firearm as a new purchase.
2. You may not get as much from a pawn loan as you might selling it to them outright. If you get denied trying to get a firearm out of pawn, does the pawn shop give you more money to equal the amount they would have if you had just sold it outright? I bet not.
3. NICS is flawed. Eligible people get delayed and denied too often for them to be doing any more than background checks on new purchases.

 

[Big country]

Welcome! I think the others pretty well have it covered.

 

[Renegade]

Please post name of pawn shop AFTER you get your gun back.

 

[Texan2]

You can "appeal" a NICS denial.

While NICS is flawed...it is usually to the benefit of the buyer. Many buyers who shouldn't pass often do because of the limited amount of time LE has to respond with disqualifying data. I am not a fan of NICS for this reason (among others).

 

[LonghornAR15]

And yeah, I will never pawn any of my forearms again.

I certainly hope not, you only get two...



I'm sorry, I couldn't resist that one.

 

[bvillars]

Mok, I would be proactive and call them in advance of trying to redeem your firearm. Be polite and stick to the facts.
Rabies, He probably would not receive a substantial amount for his gun even if he sold it. The annual percentage is 180% to 240% depending on the amount that was lent. I would lend just enough to make sure the person could redeem it. Lend to much and they cannot get enough funds to take it out of pawn. I would much rather have the 240% annual interest. This way the next time he needed a loan, he would bring the item back and once again 240% annually or 20% a month. Back when I was in the business only needed a 4473 filled out.

 

[JimmyMok]

I certainly hope not, you only get two...



I'm sorry, I couldn't resist that one.

haha...I just now caught that

 

[Drs2288]

Sorry guy.... is NICS the same form you fill out when buying a new gun??

 

[txinvestigator]

Sorry guy.... is NICS the same form you fill out when buying a new gun??

No. The form you fill out is a 4473. The dealer calls [FONT=Arial, Helvetica, sans-serif]the National Instant Criminal Background Check System[/FONT] (NICS) which is run by the FBI. The dealer uses the info from the 4473 when he answers the NICS inquiry.

 

[Double Naught Spy]

I see there is at least one other former pawnbroker here. I grew up working in the business. It completely boggles my mind that pawnbrokers would pull crap like what was described in the OP. A properly run pawn shop is a very profitable enterprise without the need for underhanded activities.

If the pawnbroker's logic was correct and you probably can't pass a supposed DHS check, then you would never be able to pass the DHS check for buying new rifles. There is no special higher requirement for pawn redemption.