Legal Question in Criminal Law in Texas
A family member pawned a family heirloom , basicly a shotgun. He was convicted of a felony in 2001 for assult on a family member.When he went to get the shotgun from the pawn shop they would not release the gun to him or a family member. The shop did not check his record before he pawned the gun. They checked after he went to pick it up.What do he need to do to get it back?
2 Answers from Attorneys
What are they saying is the reason they will not release it to him? Are they going to report it to law enforcement so they are keeping it as evidence to turn over? Or, will they just not release it to him because he has a record and they won't release it to the family member because they didn't pawn it? If the latter is correct, I would have him go with the family member and try to get it - he will be there to confirm he wants it released to the family member and the pawnshop can run whatever they want on the family member then release it to them. Otherwise, ask them what they require to release the gun. They cannot just keep it because they want to do so. If they play this game, call the police on them.
If the pawshop is worried about the criminal record issue, perhaps all they need is a bill of sale from him to the familiy member. I'd ask what would work first. Of course, they will want their money and interest
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