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Sick Uncle pawns rifle, pays, then is contacted by ATF and told he cannot bear arms!

H

hydrochloride

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Jul 22, 2009
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Fife, Washington, USA
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So my uncle in Utah goes in to a pawn shop and pawns a rifle for some cash. He ends up paying the rifle off and goes to pick it up and is told that he has to contact the ATF and is not allowed to pick up his rifle. He goes the the ATF and is told that he is unable to have weapons because he has a mental illness.
He has a liver problem and not a mental illness.
The part that kills me is that the ATF told him that he has no recourse and that there is nothing he can do to even try to contest their position.

Has anyone heard of this happening before...Are there any federal laws that can be cited?
I told him to go onto Utah OpenCarry and seek help or advice.

Just putting some feelers out there, thanks
 
younggun20

younggun20

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Ogden, Utah, USA
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Dont know much about the laws that could be cited but maybe a copy of medical records and a pro 2a lawyer would be a good start?
 
Y

YoZUpZ

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SLC, Utah, USA
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How did the ATF even find out about the gun??? Does he have to have a background check done to get his gun back? Are pawn shops required to fill out a form and send it to the ATF whenever they receive a gun? Just curious
 
R

rpyne

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Provo, Utah, USA
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YoZUpZ wrote:
How did the ATF even find out about the gun??? Does he have to have a background check done to get his gun back? Are pawn shops required to fill out a form and send it to the ATF whenever they receive a gun? Just curious
Click to expand...
In many states, including Utah, a pawn is legally a purchase/repurchase agreement. As such, when you pawn the gun, you are selling it to the pawn shop and when you retrieve it you are buying it back. As such, you have to go through the same procedure as if you are buying it the first time from a dealer.
 
P

PT111

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Jul 31, 2007
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, South Carolina, USA
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I was just curious about this and found the folowing South Carolina law:
SECTION 23-31-140

(B) For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan
Click to expand...
I don't know how this would apply to federal laws but it appears to me that this law is aimed at Pawn Shops.
 
K

Korben88

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Salt Lake City, ,
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Had a similar thing happen to me.
A few years ago I had an apartment application denied because of my felony drug conviction in Tooele county.
Same name, birthday 2 days apart but in different years.
 
SCJeffro

SCJeffro

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Apr 3, 2010
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Laughlin, NV / Bullhead City, AZ, , USA
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When I first got my CCW (CPL in WA) They said "We can't issue the permit as you have a felony on your record..."

I said "WHAT felony??"

They said "Did you steal a car in 1985 in Michigan?"

My Reply... "Um NO in 1985 I was 11 and I was living in Montana"

They ran my name again and found it was another "Jeff Anderson" evidently there is more than one... LOL :shock:
 
P

PT111

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, South Carolina, USA
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Whether or not it is true I was told by a FFL that if they called my request in by SS Number it would save a lot of those types of confusion. He said I didn't have to provide a SSN but it could help speed things up.Even with the SSN Ithere have been cases where two people with the same name, birthdate and birthplace have been assigned the same SSN. With that they had more problems than just the NICS chack.Now that I have my CWP I don't have to mess with the background check.
 
I

IndianaBoy79

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Dec 13, 2007
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Eagle, Idaho, USA
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This is one of the biggest problems when it comes to lawful citizens owning guns. The law only serves to delay and deny those of us who choose to follow the laws; the criminals will always find ways to skirt gun control. It's time we focus on controlling the criminals.

While I have occasionally purchased in a gun store since this incident, I usually choose to purchase privately (legal here) just to avoid jumping through the hoops and paperwork.

BTW, yes, the SSN can help speed things up and help with accuracy in the system. SSN and privacy issues, etc are a topic for another board though.
 
KBCraig

KBCraig

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Aug 7, 2007
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4,886
Location
Granite State of Mind
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rpyne wrote:
YoZUpZ wrote:
How did the ATF even find out about the gun??? Does he have to have a background check done to get his gun back? Are pawn shops required to fill out a form and send it to the ATF whenever they receive a gun? Just curious
Click to expand...
In many states, including Utah, a pawn is legally a purchase/repurchase agreement.
Click to expand...
In every state, a pawn shop that handles firearms must have an FFL, and must conduct the 4473/NICS procedure on anyone redeeming a firearm.
 
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