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What would you do in this situation?

Posted on 5/27/23 at 4:23 pm
Posted by Double The Trouble
Right pass tee bernie's crab traps
Member since Feb 2017
125 posts
Posted on 5/27/23 at 4:23 pm
Buddy of mine said he made a loan at a pawn shop against his AR pistol outfitted with a brace. He went to pick it up today and pawn shop guy said that the ATF did an audit on the shop and took the brace and buffer tube.

Is this even legal? According to my buddy, the loan was made before the 120 day bullshite even started. I didn’t offer him any advice because I don’t have a clue, nor would I even frick with it. But is there anything he can do to get it back?
Posted by LEASTBAY
Member since Aug 2007
14324 posts
Posted on 5/27/23 at 4:47 pm to
Pretty sure it doesn't start until 5/31 so something seems fishy unless I'm mistaken on the dates.
Posted by 9rocket
Member since Sep 2020
1216 posts
Posted on 5/27/23 at 4:49 pm to
Guessing the ATF would have left some kind of paperwork. Rather see that than take a pawn shop owner’s word for it.
Posted by BorrisMart
La
Member since Jul 2020
8821 posts
Posted on 5/27/23 at 6:06 pm to
He would just have to pay the tax stamp on it when buying it back I would imagine. Then again the atf's guidance has been completely all over the place. But the ability to tax stamp it never changed I thought.

Pawn shop? I'd ask for Official Paperwork and/or call the local ATF field office and ask them why they did that and if he can just stamp it?
Posted by 9rocket
Member since Sep 2020
1216 posts
Posted on 5/27/23 at 7:55 pm to
(no message)
This post was edited on 5/27/23 at 9:30 pm
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99153 posts
Posted on 5/27/23 at 9:54 pm to
Sounds like:

Unconstitutional taking
Impairment of collateral
fricking bullshite
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18928 posts
Posted on 5/28/23 at 8:05 am to
1. ATF has a form they leave anytime they seize property.

2. Friend should ask for form and take copy to ATF office for clarification.

3. Pawn shop owners / gun dealers blame "ATF did it" all the time as a blanket excuse figuring you won't follow up. If they can't provide paperwork, I would guess they are doing that.

4. Pawn brokers are licensed by the state and they are required to return your property as it was when they took it. If he doesn't return it to original condition he is in violation of his license.
Posted by bbvdd
Memphis, TN
Member since Jun 2009
25071 posts
Posted on 5/28/23 at 8:08 am to
Simple as the pawn shop lied.

Wouldn’t be the 1st time.
Posted by Double The Trouble
Right pass tee bernie's crab traps
Member since Feb 2017
125 posts
Posted on 6/2/23 at 7:15 pm to
How official is this?


Rhetorical btw
This post was edited on 6/2/23 at 7:35 pm
Posted by BorrisMart
La
Member since Jul 2020
8821 posts
Posted on 6/4/23 at 7:18 am to
Seems like bullshite to me. I know it's an annoyance but have him get an attorney, the ATF doesn't even seem to know their own rule on this. Thus, this seems premature on the ATF and pawn shop's part. As posted earlier the pawn shop is a state agency so they are answerable to state laws.

Either terrible timing for dropping it off at a pawn shop or the pawn shop/pawn shop(s) and/or the ATF are pulling fast ones on customers. Is this a gun store that sells used guns and is classified as a "Pawn Shop" because of the buying and selling of used firearms or is this like the generic pawn shop like you see down Government in BR? Im not sure the latter can really do the paperwork for stamps, whereas the gun shop "pawn shop" often has kiosk and can assist in stamp applications.

ETA: Just my opinion and guess.
This post was edited on 6/4/23 at 7:19 am
Posted by Twenty 49
Shreveport
Member since Jun 2014
18820 posts
Posted on 6/4/23 at 7:58 am to
That letter says the pawn shop took the property, not ATF, but allegedly on advice from ATF.

It says that if there are questions, contact Chase. Do that.
Posted by kengel2
Team Gun
Member since Mar 2004
30915 posts
Posted on 6/4/23 at 9:11 am to
I don't know how much stink he wants to raise, but he could just call the atf. I'm sure they really don't want pawn shops confiscating items from random people.
Posted by gumbo2176
Member since May 2018
15252 posts
Posted on 6/4/23 at 11:03 am to
quote:

It says that if there are questions, contact Chase. Do that.



"Uh, sorry, Chase don't work here any more".
Posted by greenbean
USAF Retired
Member since Feb 2019
4659 posts
Posted on 6/4/23 at 11:27 am to
Sounds sus, but he learned a valuable lesson, never pawn a firearm.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6448 posts
Posted on 6/5/23 at 12:27 pm to
If your buddy has to go to pawn shops to make loans, he's got much bigger problems.

Also, pawn shop owners are the scum of the earth and trade in stolen merchandise. It's legal fencing is all it is.
Posted by AwgustaDawg
CSRA
Member since Jan 2023
7280 posts
Posted on 6/5/23 at 1:36 pm to
quote:

Buddy of mine said he made a loan at a pawn shop against his AR pistol outfitted with a brace. He went to pick it up today and pawn shop guy said that the ATF did an audit on the shop and took the brace and buffer tube.

Is this even legal? According to my buddy, the loan was made before the 120 day bullshite even started. I didn’t offer him any advice because I don’t have a clue, nor would I even frick with it. But is there anything he can do to get it back?


Owners of pawn shops are historically among the most honest, largest pillars of the communities they serve...kind of like preachers and attorneys. If he said the ATF took it the ATF took it...a pawn shop owner would never lie about such a thing....
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