Property hearing - what do I need?

[etsteve]

What is the name of your state? Texas

I was recently informed that a firearm that I reported stolen from my home was recovered in a pawn shop in an adjaecent county. I was told by the investigating officer there would be a property hearing. I did some checking into Texas law, and it appears that a property hearing is being called because another party is asserting an interest in my recovered property. I'm assuming this "other party" is the pawn shop where it was recovered.

I have secured a duplicate copy of my original sales receipt via fax from the dealer where I originally bought it. What else do I need to bring to this hearing?

Thanks for any advice.

 

[acmb05]

I would take

Anything you have that proves the weapon is yours, such as your permit and license.

 

[Jack_David]

Anything you have that proves the weapon is yours, such as your permit and license.

You dont need any permit or liscense to own a firearm in Texas, nor in most US States.

 

[Shay-Pari'e]

You dont need any permit or liscense to own a firearm in Texas, nor in most US States.

Well, since we don't know if he is talking about a hand gun, your point is moot.

He also needs a permit to carry, said gun, in the state of Texas.

 

[etsteve]

Well, since we don't know if he is talking about a hand gun, your point is moot.

He also needs a permit to carry, said gun, in the state of Texas.

Actually, you are both right to a point. In Texas, you need a concelaed-carry permit to carry a concealed handgun. However, it's not the gun in particular that is licensed, but the person. Once you have it, you can carry any concealed handgun as long as you passed the course for that type of handgun. (However, if you can show that you are "traveling" at the time, then you don't need any permit.)


However, back to the subject at hand. I'm still wondering if it's the pawnshop owner who is claiming a right to my property since they evidently gave money in return for it.

 

[acmb05]

cant you ask

the investigating officer? I am sure he could tell you or point you in the right direction. I would assume however that it is the pawn shop and they want thier money back. However since they took in stolen goods I cant see how they would make you pay them or give them the firearm back.

Btw what kind of firearm is it?

 

[etsteve]

the investigating officer? I am sure he could tell you or point you in the right direction. I would assume however that it is the pawn shop and they want thier money back. However since they took in stolen goods I cant see how they would make you pay them or give them the firearm back.

Btw what kind of firearm is it?

I'll put a call in to him and see what he says. The gun was an AR-15 sporter.

 

[badapple40]

If I recall correctly, and its been a while since I've seen the law on this, but I am pretty sure that you are the owner and have sole rights to the firearm, unless you loaned the weapon to someone who then hocked it. As it was stolen, the pawn shop is out of luck. you may have to reimburse them for the reasonable storage fees of the weapon in the meantime though.

I am not 100% on this and did not check the law on the issue, only pulling from memory from studying for a bar exam taken a long time ago.

 

[etsteve]

If I recall correctly, and its been a while since I've seen the law on this, but I am pretty sure that you are the owner and have sole rights to the firearm, unless you loaned the weapon to someone who then hocked it. As it was stolen, the pawn shop is out of luck. you may have to reimburse them for the reasonable storage fees of the weapon in the meantime though.

I am not 100% on this and did not check the law on the issue, only pulling from memory from studying for a bar exam taken a long time ago.

Thanks.

The officer handling the case says that the law in Texas recently changed and a property hearing is mandatory whenever the property was pawned. He says he has been to a few of these, and the pawn shop usually doesn't even show up. He says they might show hoping that I don't.