What is this?

[mr.72]

Did your brother know that there were felony charges pending against him when he pawned the shotgun?

I don't know.

Actually, I think he would have never even thought that a) there might be pending charges or b) it might have an effect on his ability to get his pawned property back.

Basically it is like this: my brother and his soon-to-be-ex-wife (who is on the run right now...) had their home burglarized, and a friend informed them of who did the break in and where the stolen property was located. So my brother and his wife proceeded to go to this apartment in attempt to retrieve their stolen property (it was the apartment of an acquaintance of theirs). Nobody was home. My brother was down in the parking lot calling 911 while his wife decided to break into the apartment and steal her stuff back. I don't know all of the other details, but suffice to say my brother was waiting in the parking lot when the police showed up, and by then his wife had fled the scene. He was arrested for breaking into the apartment. His wife went to a friend's house with the stolen property, and told her the whole story. The friend went down and filed a sworn statement as to the account of the story. Meanwhile my brother's wife refused to go down and confess unless my brother rescinded the divorce filing. Then the wife fled the state and is on the run somewhere now with warrants for her arrest in multiple states. They have only been married a couple of months.

I think my brother went down and pawned the shotgun right about the time that this whole breakin thing happened... likely just within days before it happened. So as far as I know, he didn't have any charges pending, and he would have not reasonably suspected that his wife was going to do this. However, one reason he pawned the gun was to get it out of his house in case his nutjob wife decided to shoot him with it. She's a psycho, for sure. Why he didn't just bring the gun over to my house or my dad's house, I don't know.

If they won't just let me have it for the $50 loan payback then I will negotiate with them quite diligently to try and get the price as low as possible but end up just buying it back either way.

There is no end to the drama in my brother's life!

[KC5AV]

Well, I certainly hope it works out for you, and your brother. I know what it's like to have other people causing unwanted drama in your life. Hopefully they will be willing to deal with you at the pawnshop.

[mr.72]

Well I'm just trying to help him get the shotgun back. I stay clear of all this drama. I didn't expect this marriage to last very long. I really love my brother but he doesn't always make the best choices. This girl is a piece of work.

[seamusTX]

Your brother needs to find out what is really going on (or tell you). He could be charged with a range of offenses, maybe something like trespassing.

You tend to notice when you are charged with a felony because your bond is more than $10,000.

I would be surprised if an arrest would get into NICS within a few weeks before there was an indictment.

- Jim

[mr.72]

Well I heard this story from my father, not my brother. My father is the one who has been paying the legal fees, and accompanied my brother to court the last time he had to go in on this. They released my brother right off the bat. I don't think there was any bond AFAIK... I am pretty sure everyone involved knows who broke into the apartment, and who called the police. Why on earth would my brother call 911 if he was the one breaking into the apartment? They had a police report already for the breakin at my brother's place, and my bro was on the phone to tell them that he had an idea where the stolen property was and who had broken into his house. So only a complete idiot who desires to be in jail for recreation would do this, and then before the police get there, go ahead and break in. It's not a plausible story so nobody believes that my brother was really involved beyond what he has told the police. They are just trying to find the wife now. It's a royal pain. They are just not in any hurry to drop the charges.

I tend to agree, it seems unusual that this pending charge would cause him to fail the NICS check, given the time frame.

[bridge]

Maybe your brother has priors you don't know about? Given the time frame and the fact that he has not gone to trial and been convicted in this case it seems something else is afoot.

[mr.72]

No he doesn't have any priors I don't know about. He had a DWI about 10-12 years ago, and something from when he was a teen that's been expunged.

[seamusTX]

It sounds like Mr. 72's brother doesn't even know for sure that he was turned down by NICS. We're assuming that because that seems like the only possible explanation for an event that we're hearing about third-hand.

If he was turned down by NICS, it might not be his fault. As I said earlier, people are turned down because of name mix-ups.

- Jim

[3dfxMM]

IMHO they should have never taken the gun from him if they knew full well that they would not give it back to him. Lucky for the pawn shop that they didn't run this background check before taking possession of the gun, right? wink wink. Even if they were unable to run the background check or determine that they would not give it back to him before taking the gun (which I seriously doubt, this only takes less than 5 minutes), then when they found out they could not give it back to him they should have suggested to him that he needed to get someone else to come pick up the gun, and that it was legal to do so before the pawn ticket expired. This is why this smacks of a ripoff to me.

You stated that he pawned the gun before he was charged with a felony. He would have passed the NICS check then so it wasn't like the pawn shop was being sneaky.

[mr.72]

I kind of think if one of you had pawned a gun, then went back to get get it and they told you "sorry pal", you might not be so flippant about "them's the breaks".

[KBCraig]

Now here is the problem. Since they would not give him the gun back, the pawn ticket has expired. I guess in that case I have no choice but to just pay their retail price for the gun?

What is "expired"?

A pawn ticket is due 30 days from when it's issued. There is then a 30 day grace period, during which it can either be redeemed, or renewed by paying the accrued interest; renewing starts the clock over again. The pawn ticket should show this clearly on the front: the issue date, the due date, the end of the grace period, the principle amount, interest amount, and APR. After the grace period, the pawnbroker owns the item and may sell it.

All of this is regulated by the Texas Consumer Credit Commission. I have some experience with pawning.

It's not standard practice (at least around here) to perform a NICS when the firearm is pawned. I don't even think it's possible, since there has to be a corresponding 4473 completed and signed by the transferee. But it is required when the pawn ticket is redeemed, even though it's not technically a transfer.

[seamusTX]

The person who is pawning a firearm must fill out a form 4473, and the pawnbroker may (but is not required to) run a NICS check.

http://www.atf.gov/firearms/faq/faq2.htm#j5" onclick="window.open(this.href);return false;

(J5) Are licensed pawnbrokers’ firearms sales or return of firearms redeemed from pawn subject to the Brady law, including the provision for making background checks of transferees?

Yes. Moreover, as provided by Public Law 105-277, enacted on October 21, 1998, a licensed pawnbroker may also contact the National Instant Criminal Background Check System (NICS) for a background check on a person at the time the person offers to pawn a firearm. If NICS advises the pawnbroker that receipt or possession of the firearm by the person attempting to pawn the firearm would violate the law, the pawnbroker must advise local law enforcement within 48 hours after receipt of the information.

- Jim

[NcongruNt]

Well I'm just trying to help him get the shotgun back. I stay clear of all this drama. I didn't expect this marriage to last very long. I really love my brother but he doesn't always make the best choices. This girl is a piece of work.

Be very careful how you go about this. You don't want to be caught in making a straw purchase. If anything, I would get the shotgun back for yourself. Once you are absolutely sure the indictment has passed, been resolved, and he has not been convicted of a felony, then, you can transfer it back to him via sale or as a gift. If things do not go that way, you have it for yourself or as a gift to other family who are not ineligible to own a firearm. Getting it from the pawnbroker with the intent to give it to him would still be considered a straw purchase and could put you in loads of serious trouble, in a federal way.