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<blockquote data-quote="Dave70968" data-source="post: 3101110" data-attributes="member: 13624"><p>Fencing involves selling goods you <em>know</em> are stolen. In general--not just pawn shops, but across any kind of transaction, including real estate and negotiable instruments/commercial paper--a holder "in good faith" is protected against a fraud upstream from him (negotiable instruments add that it must have been purchased for value; the term is "holder in due course"). Without such protections, a piece of property (real, personal, or negotiable instrument) could change hands a dozen times before it's finally detected, leaving a perfectly innocent person holding the bag. It sucks for the rightful owner, but it's almost a necessary condition for commerce to proceed--imagine if you had to do a title search for literally everything you acquired to make sure you'd actually get to keep it.</p><p></p><p>That said, you shouldn't have to pay the retail value for the item(s) in question, just the pawnbroker's actual outlay--just enough to make him whole for his loss. And you <em>might</em> be able to put the squeeze on him (or have law enforcement do it) as well: he's required to make "reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it...." <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70071" target="_blank">21 O.S. 1719 (B)</a>. Probably not much help for most guns, though if it's a one-of-a-kind Walker Colt or somesuch--something that would inherently raise eyebrows--yeah, he ought to be making damned sure of its provenance.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3101110, member: 13624"] Fencing involves selling goods you [I]know[/I] are stolen. In general--not just pawn shops, but across any kind of transaction, including real estate and negotiable instruments/commercial paper--a holder "in good faith" is protected against a fraud upstream from him (negotiable instruments add that it must have been purchased for value; the term is "holder in due course"). Without such protections, a piece of property (real, personal, or negotiable instrument) could change hands a dozen times before it's finally detected, leaving a perfectly innocent person holding the bag. It sucks for the rightful owner, but it's almost a necessary condition for commerce to proceed--imagine if you had to do a title search for literally everything you acquired to make sure you'd actually get to keep it. That said, you shouldn't have to pay the retail value for the item(s) in question, just the pawnbroker's actual outlay--just enough to make him whole for his loss. And you [I]might[/I] be able to put the squeeze on him (or have law enforcement do it) as well: he's required to make "reasonable inquiry to ascertain that the person from whom such property was bought or received had the legal right to sell or deliver it...." [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70071']21 O.S. 1719 (B)[/URL]. Probably not much help for most guns, though if it's a one-of-a-kind Walker Colt or somesuch--something that would inherently raise eyebrows--yeah, he ought to be making damned sure of its provenance. [/QUOTE]
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