Legal question

[Ruach]

What is the name of your state (FL)?

I am not entirely sure this is the proper section for my questions. As of yesterday, I received a call from my father about things from his house going missing. He informed me that the police showed him a rifle and it was not his and he sent me a photo and it was my rifle. I checked my gun cabinet and several of my firearms were missing and an xbox 360. Long story short it turns out my brother broke into my house and stole several things including firearms and pawned them at the pawn shop. He had been banned from my house for awhile as things went missing when he was around. I have evidence he was told he was not allowed on the property.

My question is this... In the State of Florida do the pawnshops own the property that was stolen and they received? I know in some states their claim is void and NOT voidable but I am unsure about the State of Florida. I ask this because I was able to get one of my rifles back but had to pay the pawn fee before they would give it to me.

My other question is how much trouble is my brother in? I was told they want to charge him "armed burglary of dwelling with a firearm"

 

[latigo]

What is the name of your state (FL)?

I am not entirely sure this is the proper section for my questions. As of yesterday, I received a call from my father about things from his house going missing. He informed me that the police showed him a rifle and it was not his and he sent me a photo and it was my rifle. I checked my gun cabinet and several of my firearms were missing and an xbox 360. Long story short it turns out my brother broke into my house and stole several things including firearms and pawned them at the pawn shop. He had been banned from my house for awhile as things went missing when he was around. I have evidence he was told he was not allowed on the property.

My question is this... In the State of Florida do the pawnshops own the property that was stolen and they received? I know in some states their claim is void and NOT voidable but I am unsure about the State of Florida. I ask this because I was able to get one of my rifles back but had to pay the pawn fee before they would give it to me.

My other question is how much trouble is my brother in? I was told they want to charge him "armed burglary of dwelling with a firearm"

A thief cannot pass title to stolen goods. Period! End of story.

Not to a pawnshop, to a fence nor to an innocent purchaser. All of which is true in Florida, the other 49 and in every English speaking country and hamlet as well as other such. (Not sure about Sri Lanka, Mozambique, Mauritania, or Burkana Faso, however.)

What "trouble" bro will be facing depends on the cooperation of a complaining witness. No witness, no new orange dress suit.

 

[justalayman]

My question is this... In the State of Florida do the pawnshops own the property that was stolen and they received? I know in some states their claim is void and NOT voidable but I am unsure about the State of Florida. I ask this because I was able to get one of my rifles back but had to pay the pawn fee before they would give it to me.

actually you did have an alternative to paying the pawn balance.

http://www.sheriffleefl.org/main/index.php?r=crimeActivity/jailInfoIndex&rid=304

and the actual statute (go down to paragraph 15):

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0539/Sections/0539.001.html

bottom line: if you want to reclaim it on the basis it was misappropriated and rightfully yours, you would have had to sue the pawnbroker. The laws are there to make sure somebody doesn't just claim the property is really theirs and it was stolen. It provides for due process for the pawnbroker.