Pawnshop and Theft ?

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Cedar Creek

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Dang! I can't believe our Oklahoma lawmakers allow crap like that to stand. Our elected officials need to know this happens to their constituents - basically being robbed twice with the State's blessings. Maybe our legislature could take time off from trying to establish a theocracy and do something that will actually benefit the people of Oklahoma. And I can't believe a legitimate business owner could stand up and say "yes, I know I have your property that was stolen, but that's not my problem". The law doesn't give the pawn shop owner any incentive to prevent stolen merchandise from passing through his store - AKA fencing operation.

Cedar Creek
 

SoonerP226

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I don't know the answer to this but I do know that a "special" set of laws or enforcement that apply only to Pawn shops is unfair.
As I understand it, the law generally protects innocent buyers; I'm not sure if there's a specific statue relating to pawn shops. What I remember for sure was being PO'd that I'd have to buy back my stuff from a pawn shop. (My stuff got stolen over 20 years ago from my parents' home, so I wasn't directly involved in a lot of it--plus, it had no sentimental value, so I just took the insurance payout. My mom and dad weren't in the same boat; a lot of the stuff they lost did have sentimental value, and my dad was doubleplusunhappy when he had to buy back their stuff. And I still hate thieves, the useless load of bastards.)
 

Honeybee

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I bought a gun a few years ago that turned out to be stolen (we have no way to check) and had to give it back, was told that I can sue the theif but it would cost more to do that than I could recover from a broke man in jail.
 

Tyson C.

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walk in, pick up your stuff, look it over (do not put it down) and tell'em "thanks for holding it" and walk on. if they say "hey wait a minute thats our stuff", tell'em to prove it. if the cops get involved then say "it's my stuff, i don't what they're talking about....you even have it in the report its my stuff."
 

rlongnt

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Ok, I’ll chime in. Having managed a couple while I was in school I really can’t stand pawn shops and a quick search will show my distain for the whole business. I thought it was cool at the time because I wasn’t digging ditches, it was indoors, got to play with guns, tools, smoke etc. I also know they serve a super subprime portion of the market that would have no other access to credit. Fine, I get it but at 240% APR on a $100 loan it is also severely preying those who already don’t have the means to go elsewhere. They aren’t stupid either, they know they are getting screwed. Having said that, most items sold to a pawn shop are in fact legitimately owned by the seller.

To the point, the way the law looks at it is that although you may have been ripped off so has the pawn shop. They have an investment just as much as you at this point. Often the police will come pick up the item for evidence or will place a police hold on it.

More often than not, the bad guy will gladly pay the pawn shop to get your item back fto you for reduced charges etc.

You should be able to get your item back for what the pawn shop loaned or bought it for. It is a nasty fact that in the secondary markets for anything be it gun shows, pawn shops etc. this is a risk. This is seriously something to consider when deciding on a CCW and why mine came from 2A NIB. They also don’t want their name tarnished and will almost always work with you. Don’t think for a second they aren’t going to get paid though.

One other consideration is that if you have filed an insurance claim you no longer have a vested interest in the item and pursuing it further could constitute insurance fraud on your part. If it is something of sentimental value you can hash that out between your agent and the pawn shop.

It sucks that’s for sure. Good luck.
 

AdvantageR1

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There are three ways to get your pawned stolen items back in the State of Oklahoma.
1. The pawn shop gives it back to the rightfull owner and seeks restitution through the courts.
2. The law enforcement agency place a "hold" on the evidence and a judge decides who the property belongs to.
3. You pay the pawn broker for your item (usually what they have in it) and then you can possibly seek restitution through the courts.

The most common charge for someone pawning stolen property is False Decleration (felony no matter the value of the item).

If your insurance pays off the item, it is no longer your item, it now belongs to your insurance company (even if you settled for .01 and it was worth $1,000.00.

I would contact the pawn broker and see if they will work something out with you.

I really dislike thieves!!!!
 

FAL guy

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My experience in OKC has been completely different. I was notified by OCPD they had recovered an item reported stolen by us at a local pawn shop. The item was reported stolen almost 8 years prior. The PD gave me instructions on filing for recovery of the property. I had to attend a hearing to prove ownership. The pawnshop lost out, the person who pawned the item lost out, and our property was returned at no cost.

Just because a pawnshop loans money on or pays for a stolen item does not make them the "owner".
 

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