Shotgun Forums banner
1 - 20 of 30 Posts

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #1 ·
My father in law died in March. I ended up with an old pistol and a Mossy 500 with pistol grip. He got them from who knows where from who knows who. Mossy was under 30 inches so had to be registered as short gun. My wife went with me as legal rep for him. Went to Eaton county and did purchase permit and registration and got my green cards for both. Took guns and green cards to local auctioneer to sell them so I could take the money and by a new pistol.

Guns sold at auction a month ago or whatever. A guy bought the shotgun and went to get it registered. Officer kept the gun saying that when they ran the numbers it flagged as being stolen in California 20 years ago. Today the auctioneer's office called and explained this to me and said that I need to pay them the $120 that they have to pay back to the guy that bought the shotgun.

Now if the sheriff would have confiscated from me as being stolen I would have been out nothing but the shotgun. Now I would be out the shotgun and the $120. Am I responsible for the results of this transaction if I have a clean green card and did everything I could to be legal. Either the buyer, auctioneer, or myself is SOL...any opinion who?
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #2 ·
Yes IMHO you are responsible, the buyer has a reasonable expectation to not purchase a stolen firearm. Regardless of your knowledge of such, you sold him stolen property.

BTW, sucks that you are in this situation. :(

Also, I will add that I would not refund any money without having proof of the confiscation with reason for confiscation.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #3 ·
IMO it would be the auction that is at a loss. I assumed when you registered it they ran the numbers. And the auction should have done there own check before it sold.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #4 ·
What did your sales contract with the auction company say about this situation? Surely you had to sign some sort of agreement with them. Ask for proof that the shotgun was confiscated due to the serial number check. It may have been taken because to purchaser had a shady past. If all other pieces of the puzzle fit then you are probally SOL.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #5 ·
What did your sales contract with the auction company say about this situation? Surely you had to sign some sort of agreement with them. Ask for proof that the shotgun was confiscated due to the serial number check. It may have been taken because to purchaser had a shady past. If all other pieces of the puzzle fit then you are probally SOL.
+1 check into it.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #6 ·
The only thing the contract says is that they are the selling agent even though they technically "bought" it from me. And that I agreed to pay the commission on the sale. They technically "bought" it rather than just holding it because if it didn't sell or if I put a price on it, I would be required to get another purchase permit to get it back from them and get it "registered" again.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #7 ·
And I did call the sheriff's office and they told me that basically they missed it when they checked when I registered it and caught it when the other guy bought it.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #8 ·
Sounds to me like the sherrif's office screwed the pooch, let them pay the piper.

It's not your fault, you can prove that you went through the appropriate steps, tough luck for them.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #10 ·
Lets think about this. If the SO found out this to be true in the first place you wouldn't have the gun to auction. You need to give the monies back and you are out of a shotgun, is there a chance you know who reported it stolen?? Maybe it was a bogus report..
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #11 ·
If the SO found out this to be true in the first place you wouldn't have the gun to auction.
If they had done it right in the first place he wouldn't have the gun, but he also wouldn't have the auction house wanting $120. He would be in the same boat he was in before inheriting the gun in the first place. Now he has no gun and stands to lose $120 because the SO didn't do their job.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #12 ·
If they had done it right in the first place he wouldn't have the gun, but he also wouldn't have the auction house wanting $120. He would be in the same boat he was in before inheriting the gun in the first place. Now he has no gun and stands to lose $120 because the SO didn't do their job.
The $120 is only for the repay right?? If it was sold, he got money for it. He is not out money, just the gun.. right?
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #13 ·
Well, I went to the registration person at the sheriffs office. She was all on top of the situation and remembered me and my wife coming in on the original transfer. When she originally ran it for me, she listed it as a 500a Mossberg (which is what it is) the numbers came back good. Another lady ran the numbers for the auctioneer off their license thinger they have, ran it as a 500a and it came back good. Now when the guy bought it at auction and registered it, the lady who ran it for me ran it for him and (for some reason) ran it as a 500. Then is when it flagged. The California stolen gun was a 500 (instead of 500a) blue finish (instead of flat black) and a regular shotgun (rather than a short gun). But the serial number matched. So the lady told me that different guns can have a same serial number (I have no idea). So the gun is in the process of being shipped back to LAPD. If it is determined as not the stolen gun, it will be shipped back here and given back to the buyer. If it is the stolen gun it will be returned to the 20 year older owner if he is still around. The lady said she would keep me in the loop with what happens. She also said we might not hear anything for a month or a year or more.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #15 ·
I have NEVER heard of two rifles or handguns having the same serial numbers!! Well keep us posted. I think someone slipped with their finger when the original reported (20 yrs ago) was posted! Don't spend that money just yet!
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #16 ·
I have NEVER heard of two rifles or handguns having the same serial numbers!! Well keep us posted. I think someone slipped with their finger when the original reported (20 yrs ago) was posted! Don't spend that money just yet!
agree on the serial number thing. I would think you could just run a number and it would come up with what it is?? Plus the money went toward my new xd9!
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #17 ·
agree on the serial number thing. I would think you could just run a number and it would come up with what it is?? Plus the money went toward my new xd9!
Not your fault.. The shotgun was probably made at the same facility, but someone typed a "6" instead of a "9".. They should be able to figure it out.. no worries.. I think your in the clear..
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #18 ·
The $120 is only for the repay right?? If it was sold, he got money for it. He is not out money, just the gun.. right?
But if he hadn't sold it at least he would have the gun. Now he's paying out $120 and doesn't have the gun. It's just like he never had the gun at all, only he's $120 lighter in the wallet.
 

·
Registered
Joined
·
12,957 Posts
Discussion Starter · #19 ·
The chance of getting that shotgun back from the LAPD are extremely slim IMHO.

And I also highly doubt that Mossberg every used duplicate serial numbers on any of their firearms. And I would bet that you don't even need the model number. Serial numbers are required by law to be unique.

As a gun maker you can't have two different models and use the same serial number range for both. It just doesn't happen that way.
 
1 - 20 of 30 Posts
Top