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I GOT MY STOLEN GUNS BACK>>>>> its me

Glad you got your guns back.

For future reference, if something like this happens again, after you notify the local cops notify the local ATF field office. They would be very interested in hearing about an FFL that is dealing in stolen guns and refusing to return them to the rightful owner.

That would have probably brought a very quick conclusion to this whole mess because he could easily lose his license over it.

Guys, Please read this for education purposes.

I spent a number of years in my Property Crimes unit. Running Pawn Shop detail was routine business. Pawn shops are highly regulated and must comply with LEOs in such matters or risk the loss of their license and their sizable bond.

As previously stated, a police report must be on file with your local LE. A general description of the property is typically not enough. There needs to be photos, serial numbers or owner applied numbers on record. Anything that uniquely describes and identifies your property. "A gold, heart shaped locket on a gold chain" is way too general. It's got to be more specific.

Once you find your item in a pawn shop, simply tell the manager who you are, describe the situation and give the manager the officer or detective's name, agency and case number. Ask for a hold. Then, immediately and without delay, contact that officer or detective and notify them. They can check and confirm with LEADS On Line or call the pawn shop and confirm. They can and should place a hold on the item(s) by telephone.

I've heard of departments that leave the item(s) on hold at the pawn shop. I never trusted them enough to do that. Like the fox guarding the hen house IMHO. LEOs are authorized by law to go to the pawn shop and seize the item(s) without a warrant. The LEO will leave a receipt of "Police Seizure" with the shop manager and take the item(s) to their evidence room and log as evidence.

Ultimately it's up to the DA to direct LE from this point. Some DA's will want the items presented as evidence at trial. Others will authorize LE to photo and return the item(s) to the rightful owners without delay.

If there is a prosecution (and there usually is) the DA will ask for and normally be granted restitution to the Pawn Shop. The convicted will have to pay restitution to the pawn shop as part of his/her sentence, parole or probation.

The crook gets what they deserve, the pawn shop gets paid, and the owner gets his property back. I've been through this very scenario thousands of times. It's not difficult, or shouldn't be.

The pawn shop has no legal obligation to return property to Joe Blow that walks in and says, "Hey, that's mine. I want it back".

Furthermore, In some cases an item is reported stolen and it's discovered that the culprit was a friend or family member. The victim then changes their mind and refuses to criminally charge the suspect because of the relationship. In this case, the victim will have to pay the pawn shop themselves. Stolen or not, doesn't matter. The only way to insure that the pawn shop is "made whole" is to criminally charge the suspect and make restitution a part of his sentence. The only way that the police have the authority to seize stolen property is if there is a criminal investigation. If the victim refuses to pursue this option then there is no criminal investigation at that point. Therefore, police have no further authority to make a seizure.

Another option (as mentioned earlier) is to file for a "Property Hearing" through the local Justice of the Peace. Both parties will present evidence and testimony that support their legal ownership of the property. The pawnshop will say, "We legally purchased the item on this date for x amount from so and so". It will be up to you to show that you legally purchased and owned the item previously and then the item was unlawfully stolen from you, without your knowledge or consent.

Sorry for the long explanation. Just trying to give everybody the details in navigating through such a situation. Good luck.

Thanks LP for the good information.