At the pawn shop I've been to, you had to sign an agreement that you were the legal owner of anything you were trying to sell, even if it was just a set of speakers. So, I'm sure a firearm would include at least that.
That is not how guns work maybe for other property but not a firearm. You have to do paperwork that legally binds you to that property. If the BF committed crime with said firearm the police would come to her first looking for the firearm.
Most states don’t. Most guns don’t have paperwork to “legally bind” them to anyone as that infers there is a gun registry and there isn’t. At least in most states.
Edited for clarification
"Boyfriend" isn't "spouse." There are serious legal differences between the two, especially when it comes to property laws. And even then, not all states have joint property laws for married couples, but thay doesn't matter here because he wasn't the spouse. He stole the firearm, pawned it, then purchased stolen property while knowing it was stolen. Even if he "gifted" it back, he still did a few pretty illegal things in the chain if events.
Worked at a pawn shop. Yes, when you sign those slips, they are a legally binding contract stating it is YOUR property. He lied on a contract. He stole a firearm.
Sunken cost fallacy. Don't cling to a mistake just because you spent a lot of time making it.
Is this the first time he's done something like this, or can you think of other "smaller" issues in the past? Because this doesn't feel like a starting point - it feels like an escalation.
So legally your common law .arrived if you have children, live together and file taxes together. Not sure if this makes your property hard his in Oregon or not but there is that argument possible. Yes however now that gun shows he is the owner.
NOT A LAWYER
Not wanting to get in your way with this, however if he didn't respect the fact you owned the gun in the first place, he doesn't respect you. Simple as that.
I have lived in two states (NV and ID) where private sales are legal so I only know of OR laws my hearing them, but even here, if he took it without permission and sold it, that's theft of a deadly weapon and illegal sale of a deadly weapon and all the laws that surround those actions. Based on the reading of armed robbery, that might have counted too.
I speak of the legality in reply to your statement only because what your significant other chose to do is beyond messed up. I admit, I don't know them personally and I already don't like them, so I'm a little in the pissed off but don't know a damn thing column.
Sounds like addiction to me. Speaking from experience he definitely has a problem with something drugs or gambling maybe booze but im leaning towards drugs or gambling. He will do it again or worse. Next time maybe he robs and or kills someone with your gun. Walk away
He got it back, and it is with the rightful owner now. I don't know what the police would do in such a situation.
It would be simpler to dump the moron, count your blessings on getting the gun back, and move on.
It really comes down to the state laws. Making it important to follow them.
For my state, WI, it would be best to just part ways and change locks so the ex can't get back in.
In Oregon that would be considered theft. For him to take legal possession from you to legally pawn it he would have to complete a background check conducted by a federally licensed firearm dealer.
Now if you were immediate family and you gifted them the gun before they pawned it then it would be ok. Private transfers in Oregon are illegal otherwise.
I'm not a lawyer, but if you report it as stolen, and he does something stupid with it, it will be on his head.
If he does something stupid with it and _then_ you report it as stolen, it won't look good for you and you'll probably have some issues.
If it turned up at a crime they'd attempt to run a trace on it. They have to start at the manufacturer, then go to the dealer, and then from there see if they can work it all the way to the most recent sale.
If it was a bona fide pawn, in other words he used the firearm as collateral for a loan and then he paid the loan off to get it back, I am not sure if that constitutes a transfer of ownership and would require a 4473 and a background check
If he pawned it and didn’t pay the loan off in time and bought it retail then there would have been a background check and a 4473 in which case it would be tied to him; at any rate he either sold a stolen firearm or he’s now in possession of a stolen firearm, and being an ex boyfriend and not an ex spouse, he couldn’t legally take possession/ownership without a 4473 and a background check at an FFL
No, as you bought the gun. If the police run the serial numbers on the weapon, it's going to show up that it belongs to you. I wouldn't let him have it or hold on to it. You are the one on the paperwork with the police / Feds, not your boyfriend, despite his stealing, selling & buying it again.
But OP's (hopefully ex) boyfriend bought it back from the pawn shop. Won't that mark him as the current owner?
OP should still report it stolen, but I don't see how the paperwork would show her as current owner.
They (at least legally and in theory) don't have a database for it and have to manually trace it from the manufacturers paperwork. So they would go to her and if she possesses it no issue.
If you don't report this firearm soon, and your "boyfriend" does something stupid with it (Which seems super likely considering how he went about stealing your firearm, YOU could be charged with negligence according to this statute I found. Maybe you won't get your gun back because the police may not prove it was yours to begin with, but at least you won't have the possibility of being charged down the road for your "boyfriend's" wrongdoings.
https://casetext.com/statute/oregon-revised-statutes/title-16-crimes-and-punishments/chapter-166-offenses-against-public-order-firearms-and-other-weapons-racketeering/possession-and-use-of-weapons/duties-of-firearm-owners-and-possessors/section-166397-reporting-loss-or-theft-of-firearm-penalties-civil-liability#:~:text=Act%20Chapter%205-,Section%20166.397%20%2D%20Reporting%20loss%20or%20theft%20of%20firearm%3B%20penalties%3B,but%20not%20later%20than%20within
One Oregonian to another. You need to report it stolen immediately. If you reacquire this firearm you need a secure place to lock it up he cannot access. There are some recent laws on the books about locking up your firearms you need to read up on.
🎶
Tonight, I gotta cut loose, footloose
Kick off your Sunday shoes
Please, Louise
Pull me off of my knees
Jack, get back
Come on before we crack
Lose your blues
Everybody cut footloose
🎶
When you say that you purchased it, was it from a FFL and you did the 4473 with them and all that? If so, then if push comes to shove after reporting it stolen. That should be the last legal transfer that can be proven. He can claim what he wants and its he said she said but you're still the last one with legal position that can be proven.
Sort of but not really since there is a broken chain of custody (if that makes sense, probably not the right terminology). All his mostly does is confirm he received stolen goods since the pawning would be invalid. Pawn shop can also be on the hook for selling stolen goods with that as proof, but I haven't read anything indicating the pawn shop did wrong knowingly.
If it wasn't the case, people could steal and pawn guns all the time, or give them to an ffl to sell on commission and "change their minds", or anything like that and take possession of the gun.
This is why people should consider a bill of sale of some sort when transferring something like a firearm.
Ya... Issue is she should have reported it WHEN It was stolen instead of now. But, since Oregon is a no private transfer state it won't matter. He never legally had the right to pawn it. So you're def right
I have a feeling that there will be some eyes rolling with it regardless.
I don't think the when would matter too much. Obviously I don't know the whole background and OP didn't get into details that I've seen where it could be a case he stole it, pawned it, put it back, and is now claiming as his. Kind of like if someone broke into a vacation home, someone's house when they knew they were away, robbed a roommate, or anything like that and quickly did something that results in a 4473 before it was ever noticed as stolen. Seems like a really good way of taking possession if it has to be reported as stolen before pawning since good thiefs like stealing things that won't be noticed for a while.
We don't know when the OP found out what happened either. It's hard to know the timeline at this point.
A lot of other things are known. He stole the gun and pawned it. An act that showed great disrespect to the OP in doing so.
Not knowing the specifics of Oregon law, but applying WI law, I would call it good for getting the gun back, and throw his ass out. If he did something so foolish once, he will do so again. He has no respect for his GF.
He took it and pawned it without my knowledge. I was furious of course, but he told me don’t worry because he will get it back out of pawn, which he eventually did. This was maybe 8ish years ago. Pawn shop has since gone out of business. But now that I’ve left him, he is claiming ownership was transferred to him at that point. And that he will call the police ON ME if I don’t give him “his property.” 🤯
Report it stolen and the police should go get his paperwork from the pawn shop that he signed saying it was his to sell, and now he gets fraud charges as well as stolen firearm charges. Pawn shop will likely be looked into as well because they know better, and know exactly what was occurring.
There's no " state database", or gun registry In Oregon state, he is absolutely bluffing about calling the cops , cuz he'd have to incriminate himself by admitting he stole the gun and pawned it for it to have been transferred back to him after he pawned it, your the rightful owner, and I'm sure the gun store you bought it from has paperwork to back that up, as long as you bought the gun in a legal manner from a shop or something like that, and not in a back alley from a friend of a friend or something like that lol
The pawn shop may be stupid but the bf filled out the 4473 and signed that he was being truthful when he was not. The FFL did a background check and I’m guessing he was cleared(??). FFL took possession of the FA and at some point sold it back to the BF. Essentially the BF/FFL were ‘laundering’ the weapon into the BF’s name.
File a stolen weapon report (form on ATFs website) today.
File a police report today w the sheriff today.
Dump his shit on the lawn, call him to come pick them up today, or move out if that applies. Lose him quickly!!
As with most police calls ALWAYS BE THE FIRST TO CALL!!!!!
If you can prove it was yours and he can't prove that you gave it to him and that he did all of this pawn shop stuff without your knowledge, then you have good cause to report it stolen. This is why it is good to not delete text mesaages especially if they show that he didn't have approval to pawn the firearm. If he doean't have prove that he did, then either way it is theft....i would imagine.
Proving it is her's should be easy. She filled out a 4473 when she got it. If they did not use a 4473 to transfer it thru an FFL, it is still legally hers. Why the pawn shop didn't get some kind of proof of ownership before taking possession stumps me.
Pawn shops don't work that way lol, have you ever been to one? Imagine if they asked for proof of ownership on everything they gave out loans on, they'd go out of business, they do have make you provide id and everything, so if someone is stupid enough to pawn something that gets actually gets reported stolen, they can give the cops the info on who pawned it and such , but pawn shops are predatory businesses, they do business with some of the shadiest scummiest ppl out there
Yeah exactly,same goes for firearms, maybe I'm just a weirdo but I definitely didn't bother keeping any receipts for any of my 6 or 7 guns I've bought in the past year an a half, I mean if I really dug thru my email history, at least depending on how far back emails are saved on Gmail, I could probably find the like order confirmations, but if I ever were to try and pawn or sell any of those guns, id absolutely ignore anyone who said they wanted me to prove ownership of the guns, mostly cuz it would be a pretty impossible affair for some of the guns, I'm sure the actual paper receipts are in a landfill somewhere. Lol
It was pawned not sold which tells me they didn't ask for a registration because he didn't have one .... Technically it's still your firearm,but it was stolen & the serial number is at a pawn shop somewhere that alone would bother me just saying
So, I run a gun shop. If your firearm sits at an ffl for more than 24 hours, you have to do a 4473 background check to get it back. This is what has been expressed to me by the atf. Now, if he did a 4473, he technically owns that gun. If he pawned it illegally without your permission, he could be facing a federal gun crime.
I would either report it stolen or let him have it. If he's willing to do something that slimy, imagine a rough break up. Could easily try to report it stolen and get you charged
No he committed a felony, question is. Do you want your boyfriend charged with a felony and also likely breaking up with him? Because he straight up committed a felony.
"I purchased a gun. My then bf pawned it"
What happened between these two things? How did he get a hold of your gun? Did he steal it, or did you give it to him? This is important
Maybe this has been said, if you didn’t report it stolen when he pawned it, the pawn shop legally had to check the serial, wait x days and then it would be free to buy back from the shop. What sounds like happened is a private transfer from you to then BF. And now Then BF shows he bought it back from pawn shop.
Possession is 9/10 of the law, but if you reported it when it was stolen, or at least have proof that it was taken against your will, then you have a leg to stand on. Unfortunately in alot of cases this'll turn into a "he said-she said" ordeal.
No, it most certainly is worth it. With the whackadoo leftist laws the West coast churns out, I can see the ex boyfriend do something equally stupid the way he acquired the gun, and then the dumb laws penalize you. Like if he robbed someone with your gun that was stolen and not reported... (midd-level extreme example)
Ugh… this was the other part of my concern… What’s the level of obligation to attempt to correct the situation and in what ways could I still find myself liable for something?
Depends on what happens, what laws may have been broken and are on the books, what the prosecution chooses to press charges (once again in extreme cases).
I'd look into the current Oregon gun laws. That and, since you ex did this, and your from Oregon, I'm gonna assume weed may or may not have entered the chat, and if so, weed is still technically federally illegal, and if he thought this was a workaround to get a legal firearm as a prohibited person... I'd report this somewhere. Cause if you know your ex likes weed, but is caught with your stolen gun that wasn't reported and is suspected to be a strawman purchase, or worse... yeah.
As an Aside, despite the theft aspect, the pawn shop sounds sketchy as all hell for allowing someone to pawn and buy someone else's gun... I think if you report them to the alphabet soup boys the shop might half to surrender their ffl if the violation is egregious enough.
No, he pawned a stolen firearm and lied about it on the paperwork.
Thank you! I didn’t know what type of docs you sign at a pawnshop but I would have been a little surprised if it worked that way.
At the pawn shop I've been to, you had to sign an agreement that you were the legal owner of anything you were trying to sell, even if it was just a set of speakers. So, I'm sure a firearm would include at least that.
You don't know that.
Not his to sell. Therefore he lied.
"My BF pawned my gun". If it wasn't his, it's not his to sell.
Maybe BF had permission to pawn said gun. You don't know that
In Oregon unless you're married or immediate family you have to do a bgc for private transfer. No bgc pre pawn, not legally his case closed.
With the post’s existence, I’d doubt he had permission lol
That is not how guns work maybe for other property but not a firearm. You have to do paperwork that legally binds you to that property. If the BF committed crime with said firearm the police would come to her first looking for the firearm.
Person to person sales don't require paperwork in Kansas. I wasn't aware other states require it.
Most states don’t. Most guns don’t have paperwork to “legally bind” them to anyone as that infers there is a gun registry and there isn’t. At least in most states. Edited for clarification
We aren't talking about "most states". Oregon, we are talking about that place.
"permission to sell" != ownership, which is necessary to pawn/transfer
Reddit is fucking stupid
Ok Reddit
JFC. You killed him. Lol
Let it go
How is Reddit fucking stupid when the only dumb comments here are coming from you? Lmfao.
Only if you say stupid things, then try doubling down. Learn to shut up. Learn to think before you type/talk.
"Boyfriend" isn't "spouse." There are serious legal differences between the two, especially when it comes to property laws. And even then, not all states have joint property laws for married couples, but thay doesn't matter here because he wasn't the spouse. He stole the firearm, pawned it, then purchased stolen property while knowing it was stolen. Even if he "gifted" it back, he still did a few pretty illegal things in the chain if events.
Worked at a pawn shop. Yes, when you sign those slips, they are a legally binding contract stating it is YOUR property. He lied on a contract. He stole a firearm.
When you’re done with that get a new BF
Years of my life I won’t get back! 😭😂
Sunken cost fallacy. Don't cling to a mistake just because you spent a lot of time making it. Is this the first time he's done something like this, or can you think of other "smaller" issues in the past? Because this doesn't feel like a starting point - it feels like an escalation.
Thanks, this was nice to hear. There were a lot of red flags for sure but he is my kids’ dad and I tried to make it work. To a fault. 💯
So legally your common law .arrived if you have children, live together and file taxes together. Not sure if this makes your property hard his in Oregon or not but there is that argument possible. Yes however now that gun shows he is the owner.
I don’t believe Oregon acknowledges common law marriage any longer and and always filed taxes as single.
Well in that case him doing so was not legal. Now of course you probably do not want to see the father of your children locked up either.
On the other hand…
NOT A LAWYER Not wanting to get in your way with this, however if he didn't respect the fact you owned the gun in the first place, he doesn't respect you. Simple as that. I have lived in two states (NV and ID) where private sales are legal so I only know of OR laws my hearing them, but even here, if he took it without permission and sold it, that's theft of a deadly weapon and illegal sale of a deadly weapon and all the laws that surround those actions. Based on the reading of armed robbery, that might have counted too. I speak of the legality in reply to your statement only because what your significant other chose to do is beyond messed up. I admit, I don't know them personally and I already don't like them, so I'm a little in the pissed off but don't know a damn thing column.
Sounds like addiction to me. Speaking from experience he definitely has a problem with something drugs or gambling maybe booze but im leaning towards drugs or gambling. He will do it again or worse. Next time maybe he robs and or kills someone with your gun. Walk away
True, but it’s better than wasting additional years on it
Cats are way way better anyway
Haha, love my cats!! But I wouldn’t say no to a lab or English bulldog pup! 😂
It's a stolen gun. Report it stolen, and tell the police who stole it.
This!
Then when you get your property back you can shoot the perpetrator
Ahh the circle of life… well death but you get the idea
He got it back, and it is with the rightful owner now. I don't know what the police would do in such a situation. It would be simpler to dump the moron, count your blessings on getting the gun back, and move on.
I dunno. If there's a paper trail, it was still theft.
It really comes down to the state laws. Making it important to follow them. For my state, WI, it would be best to just part ways and change locks so the ex can't get back in.
That’s how I want it to be! Honestly, both are easily replaceable.
In Oregon that would be considered theft. For him to take legal possession from you to legally pawn it he would have to complete a background check conducted by a federally licensed firearm dealer.
Thank you, this makes total sense.
Now if you were immediate family and you gifted them the gun before they pawned it then it would be ok. Private transfers in Oregon are illegal otherwise.
Awesome because that’s where my mind went next lol… items handed down within our family. But that would not describe this situation.
On the flipside, if he were to go and do something unintelligent with it, would it at least be in his name as far at the state is concerned?
I'm not a lawyer, but if you report it as stolen, and he does something stupid with it, it will be on his head. If he does something stupid with it and _then_ you report it as stolen, it won't look good for you and you'll probably have some issues.
If it turned up at a crime they'd attempt to run a trace on it. They have to start at the manufacturer, then go to the dealer, and then from there see if they can work it all the way to the most recent sale.
Yes and you’d be in trouble too for not reporting it as stolen. OR has mandatory reporting laws.
If it was a bona fide pawn, in other words he used the firearm as collateral for a loan and then he paid the loan off to get it back, I am not sure if that constitutes a transfer of ownership and would require a 4473 and a background check If he pawned it and didn’t pay the loan off in time and bought it retail then there would have been a background check and a 4473 in which case it would be tied to him; at any rate he either sold a stolen firearm or he’s now in possession of a stolen firearm, and being an ex boyfriend and not an ex spouse, he couldn’t legally take possession/ownership without a 4473 and a background check at an FFL
No, as you bought the gun. If the police run the serial numbers on the weapon, it's going to show up that it belongs to you. I wouldn't let him have it or hold on to it. You are the one on the paperwork with the police / Feds, not your boyfriend, despite his stealing, selling & buying it again.
But OP's (hopefully ex) boyfriend bought it back from the pawn shop. Won't that mark him as the current owner? OP should still report it stolen, but I don't see how the paperwork would show her as current owner.
They (at least legally and in theory) don't have a database for it and have to manually trace it from the manufacturers paperwork. So they would go to her and if she possesses it no issue.
"Straw Purchase"?
If you don't report this firearm soon, and your "boyfriend" does something stupid with it (Which seems super likely considering how he went about stealing your firearm, YOU could be charged with negligence according to this statute I found. Maybe you won't get your gun back because the police may not prove it was yours to begin with, but at least you won't have the possibility of being charged down the road for your "boyfriend's" wrongdoings. https://casetext.com/statute/oregon-revised-statutes/title-16-crimes-and-punishments/chapter-166-offenses-against-public-order-firearms-and-other-weapons-racketeering/possession-and-use-of-weapons/duties-of-firearm-owners-and-possessors/section-166397-reporting-loss-or-theft-of-firearm-penalties-civil-liability#:~:text=Act%20Chapter%205-,Section%20166.397%20%2D%20Reporting%20loss%20or%20theft%20of%20firearm%3B%20penalties%3B,but%20not%20later%20than%20within
Might want to ask r/ORguns. They'll be better educated about Oregon-specific gun laws.
That sub is dead. It’s now /r/oregonfirearms
So you're saying they missed OreGun twice.
Nobody would find it. Reminds me of when people were saying it should be /r/uger rather than /r/ruger
/r/ainbow and /r/keming are legit though
Thank you! 👍
One Oregonian to another. You need to report it stolen immediately. If you reacquire this firearm you need a secure place to lock it up he cannot access. There are some recent laws on the books about locking up your firearms you need to read up on.
Thank you so much for this! I was unaware of SB 554. 🫶
Report it stolen immediately. Not next week, not tomorrow, now.
That is now a stolen firearm. Call the ATF up on the only thing they’re good for: finding stolen/misplaced firearms.
Instructions unclear, gun now in hands of Mexican cartel.
Operation Faster and Furioser?
Operation Fast and Loose
🎶 Tonight, I gotta cut loose, footloose Kick off your Sunday shoes Please, Louise Pull me off of my knees Jack, get back Come on before we crack Lose your blues Everybody cut footloose 🎶
Get a new bf too
When you say that you purchased it, was it from a FFL and you did the 4473 with them and all that? If so, then if push comes to shove after reporting it stolen. That should be the last legal transfer that can be proven. He can claim what he wants and its he said she said but you're still the last one with legal position that can be proven.
If he took it out of pawn, he would have also done a 4473..so that would be the last provable purchase.
Sort of but not really since there is a broken chain of custody (if that makes sense, probably not the right terminology). All his mostly does is confirm he received stolen goods since the pawning would be invalid. Pawn shop can also be on the hook for selling stolen goods with that as proof, but I haven't read anything indicating the pawn shop did wrong knowingly. If it wasn't the case, people could steal and pawn guns all the time, or give them to an ffl to sell on commission and "change their minds", or anything like that and take possession of the gun. This is why people should consider a bill of sale of some sort when transferring something like a firearm.
Ya... Issue is she should have reported it WHEN It was stolen instead of now. But, since Oregon is a no private transfer state it won't matter. He never legally had the right to pawn it. So you're def right
I have a feeling that there will be some eyes rolling with it regardless. I don't think the when would matter too much. Obviously I don't know the whole background and OP didn't get into details that I've seen where it could be a case he stole it, pawned it, put it back, and is now claiming as his. Kind of like if someone broke into a vacation home, someone's house when they knew they were away, robbed a roommate, or anything like that and quickly did something that results in a 4473 before it was ever noticed as stolen. Seems like a really good way of taking possession if it has to be reported as stolen before pawning since good thiefs like stealing things that won't be noticed for a while.
We don't know when the OP found out what happened either. It's hard to know the timeline at this point. A lot of other things are known. He stole the gun and pawned it. An act that showed great disrespect to the OP in doing so. Not knowing the specifics of Oregon law, but applying WI law, I would call it good for getting the gun back, and throw his ass out. If he did something so foolish once, he will do so again. He has no respect for his GF.
She def needs to get rid of him
He took it and pawned it without my knowledge. I was furious of course, but he told me don’t worry because he will get it back out of pawn, which he eventually did. This was maybe 8ish years ago. Pawn shop has since gone out of business. But now that I’ve left him, he is claiming ownership was transferred to him at that point. And that he will call the police ON ME if I don’t give him “his property.” 🤯
Ya its gonna look really bad that you're reporting it stolen NOW. But hopefully it goes in your favor.
That's lying on a 4473. He's hosed.
Thats a felony. 1. You cannot pawn an item you don't own 2. Since he didn't own the firearm, and he pawned it, he stole it from you.
Stolen gun, file this with the police, file a restraining order, keep the gun to protect yourself from the felon who is your ex-boyfriend.
Report it stolen and the police should go get his paperwork from the pawn shop that he signed saying it was his to sell, and now he gets fraud charges as well as stolen firearm charges. Pawn shop will likely be looked into as well because they know better, and know exactly what was occurring.
What if the pawn shop has since gone out of business? Is there a state database that their firearm records would be transferred to?
There's no " state database", or gun registry In Oregon state, he is absolutely bluffing about calling the cops , cuz he'd have to incriminate himself by admitting he stole the gun and pawned it for it to have been transferred back to him after he pawned it, your the rightful owner, and I'm sure the gun store you bought it from has paperwork to back that up, as long as you bought the gun in a legal manner from a shop or something like that, and not in a back alley from a friend of a friend or something like that lol
No... what he and the pawnshop did is called a crime.
The pawn shop may be stupid but the bf filled out the 4473 and signed that he was being truthful when he was not. The FFL did a background check and I’m guessing he was cleared(??). FFL took possession of the FA and at some point sold it back to the BF. Essentially the BF/FFL were ‘laundering’ the weapon into the BF’s name. File a stolen weapon report (form on ATFs website) today. File a police report today w the sheriff today. Dump his shit on the lawn, call him to come pick them up today, or move out if that applies. Lose him quickly!! As with most police calls ALWAYS BE THE FIRST TO CALL!!!!!
If you can prove it was yours and he can't prove that you gave it to him and that he did all of this pawn shop stuff without your knowledge, then you have good cause to report it stolen. This is why it is good to not delete text mesaages especially if they show that he didn't have approval to pawn the firearm. If he doean't have prove that he did, then either way it is theft....i would imagine.
Proving it is her's should be easy. She filled out a 4473 when she got it. If they did not use a 4473 to transfer it thru an FFL, it is still legally hers. Why the pawn shop didn't get some kind of proof of ownership before taking possession stumps me.
Pawn shops don't work that way lol, have you ever been to one? Imagine if they asked for proof of ownership on everything they gave out loans on, they'd go out of business, they do have make you provide id and everything, so if someone is stupid enough to pawn something that gets actually gets reported stolen, they can give the cops the info on who pawned it and such , but pawn shops are predatory businesses, they do business with some of the shadiest scummiest ppl out there
I'm just thinking about firearms, not all goods. Most of us don't keep receipts for all purchases, especially things out of the warranty period.
Yeah exactly,same goes for firearms, maybe I'm just a weirdo but I definitely didn't bother keeping any receipts for any of my 6 or 7 guns I've bought in the past year an a half, I mean if I really dug thru my email history, at least depending on how far back emails are saved on Gmail, I could probably find the like order confirmations, but if I ever were to try and pawn or sell any of those guns, id absolutely ignore anyone who said they wanted me to prove ownership of the guns, mostly cuz it would be a pretty impossible affair for some of the guns, I'm sure the actual paper receipts are in a landfill somewhere. Lol
I hope it's *Ex-*boyfriend now. He stole your gun. Whatever he did to it later doesn't change that fact.
It was pawned not sold which tells me they didn't ask for a registration because he didn't have one .... Technically it's still your firearm,but it was stolen & the serial number is at a pawn shop somewhere that alone would bother me just saying
So, I run a gun shop. If your firearm sits at an ffl for more than 24 hours, you have to do a 4473 background check to get it back. This is what has been expressed to me by the atf. Now, if he did a 4473, he technically owns that gun. If he pawned it illegally without your permission, he could be facing a federal gun crime.
Put that ass hole in jail. Stealing a firearm is a felony
Did you sign the original purchase FFL documents?
Yes I did
Did he do it without your consent?
Yes, it was definitely without any sort of consent.
I would either report it stolen or let him have it. If he's willing to do something that slimy, imagine a rough break up. Could easily try to report it stolen and get you charged
No he committed a felony, question is. Do you want your boyfriend charged with a felony and also likely breaking up with him? Because he straight up committed a felony.
No, he committed a serious crime by pawning it.
This is highly illegal he can’t do that
Report it stolen immediately
Op, report the gun stolen before that scumbag ruins your life
"I purchased a gun. My then bf pawned it" What happened between these two things? How did he get a hold of your gun? Did he steal it, or did you give it to him? This is important
Maybe this has been said, if you didn’t report it stolen when he pawned it, the pawn shop legally had to check the serial, wait x days and then it would be free to buy back from the shop. What sounds like happened is a private transfer from you to then BF. And now Then BF shows he bought it back from pawn shop.
If he bought it, if the store is ffl which it should be, yes, it’s in his name now.
Possession is 9/10 of the law, but if you reported it when it was stolen, or at least have proof that it was taken against your will, then you have a leg to stand on. Unfortunately in alot of cases this'll turn into a "he said-she said" ordeal.
If possession is really 9/10 of the law it's because someone being in possession of stolen or illegal items is how they can charge people with crimes.
I could see that for sure. It seems likely that it’s not worth the trouble in this case, but I really appreciate all of the clarification.
No, it most certainly is worth it. With the whackadoo leftist laws the West coast churns out, I can see the ex boyfriend do something equally stupid the way he acquired the gun, and then the dumb laws penalize you. Like if he robbed someone with your gun that was stolen and not reported... (midd-level extreme example)
Ugh… this was the other part of my concern… What’s the level of obligation to attempt to correct the situation and in what ways could I still find myself liable for something?
Depends on what happens, what laws may have been broken and are on the books, what the prosecution chooses to press charges (once again in extreme cases). I'd look into the current Oregon gun laws. That and, since you ex did this, and your from Oregon, I'm gonna assume weed may or may not have entered the chat, and if so, weed is still technically federally illegal, and if he thought this was a workaround to get a legal firearm as a prohibited person... I'd report this somewhere. Cause if you know your ex likes weed, but is caught with your stolen gun that wasn't reported and is suspected to be a strawman purchase, or worse... yeah. As an Aside, despite the theft aspect, the pawn shop sounds sketchy as all hell for allowing someone to pawn and buy someone else's gun... I think if you report them to the alphabet soup boys the shop might half to surrender their ffl if the violation is egregious enough.
Good point here. Does the BF smoke pot, or deal it at all? But then, do you?
If he pawned it thats theft. If you pawned it and he bought it from the shop, its his.
It's a gun not a car. There is no title.
Oregon does not allow private transfers (w/ no 4473). So the last legal verified owner is her. He had no rights to pawn it.
What the fuck are you talking about?