My husband pawned stolen guns that he bought and we needed money year later they had warrant and just claimed they were stolen what I don't understand why the hell didn't the pawn shop check that before they let him pawn them???
Criminal Defense Attorney
I have been in the criminal defense business for many, many years, and I am also a former felony prosecutor. I have never heard of pawn shops being able to check on whether property presented for pawn is stolen. Police departments often have officers assigned to check pawn shops to see if property there is stolen. When something comes up stolen, the police follow the paper trail back to the person who pawned the property. If that person does not have a reasonable explanation that accounts for getting the property legally, then that person is typically going to go to jail.
Your use of a curse word in your question shows your frustration. However, you would do best to channel that frustration into seeking counsel from a reputable criminal defense lawyer in your part of the state.
The answer to your actual question is that Texas sets punishment for thefts based on the value of what is stolen in most cases. However, theft of a firearm is a special case. It is a state jail felony assuming the defendant has no criminal record or insufficient record to support an enhanced penalty range.
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Criminal Defense Attorney
The pawn shop is not going to know at the time of the transaction that the items were stolen. They have to report items with serial numbers to law enforcement who in turn will notify the pawn shop. The charges could be theft, theft of a firearm or even burglary of a habitation depending upon law enforcement and the district attorney's office. Make sure your husband does not make any statements to law enforcement and that he demands an attorney. Even admitting he bought the gun from someone or what he paid for it could be used against him.
Get a good attorney now.
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