I pawned my firearm in Texas and was denied when doing the background check.

Criminal Defense 6 views 4 answers
I pawned my firearm, and when I did the background check to get it back, I was denied. Can my wife or parent get it out for me? The gun was in my wife's name when I pawned it.

Attorney Answers

4
David Walters ·
(1) Straw Purchases are HIGHLY Illegal - don't try to weasel your way around a NICS check Straw purchasers can get up to 10 years in a federal prison. Everyone in here, especially the asker, needs to read question 11a on the link below to the ATF transfer form. When you fill out a firearm transfer form at a pawn shop, 11a asks if you are the actual transferee. If you are buying it for someone else, the ATF may come knocking on your door. Retrieving a firearm for someone who cannot pass a NICS check is the MOST BLATANT STRAW PURCHASE I CAN THINK OF. (2) You cannot possess a firearm as far as the FBI is concerned A deny on a NICS check means that you have been deemed a prohibited person by the FBI. As far as they are concerned, you cannot legally possess a firearm right now. So, that's something you need to look into. You may appeal the decision with the FBI if a mistake was made (NICS appeal link below).
0 upvotes
Jason Toon ·
If the weapon was registered in your wife's name, read the pawn ticket and/or contact the shop and inquire as to transferability of the ticket to your wife. Assuming: 1) she is a citizen; 2) not a convicted felon; and 3) does not have a protective order pending against her, she should be able to retrieve the weapon upon presentation of the ticket and payment of the necessary funds.
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Gary Churak ·
I believe that you can transfer the pawn ticket to your wife.
0 upvotes
John Kaman ·
If the gun was in your wife's name and was seized how do you expect to get it back?
0 upvotes

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