Can I Pawn or Sell a Gun That’s Not in My Name?

When pawning off something, be it an antique or a gun, it’s always a good idea to make sure that you are the rightful owner of the item. It is only when you are the true owner do you truly have legal rights to do anything with the item. In most cases, pawning off an item that doesn’t legally belong to you could cause a whole lot of legal issues. This is one legal issue that most pawn shops avoid becoming a part of. These pawn shops would understandably be wary when you come in with a gun that is not registered in your name. While this is so, it is not entirely impossible to pawn off a gun that is not registered to you. Here are some instances when this can happen. Note, however, that these situations are just examples and should not be taken as a legal advice:

1. A gun that was purchased prior to marriage – in a divorce, it may be possible to pawn off a gun that’s registered to your spouse if you made arrangements before your marriage that allows either spouse to decide on selling or pawning off the gun. This is still subject to many different factors. Note that there are more documents to deal with when pawning or selling a gun or firearm whether or not you are the registered owner.
2. A gun owned by a spouse who has already passed away – when a spouse passes away, his possessions are passed on to his legal heirs. Unless your spouse made a will that says otherwise, his belongings should become yours after he passes. This includes his gun. Make sure to consult a property lawyer before you decide to pawn or sell the gun that your late spouse left behind.
3. A gun that was given as a gift – this one is a bit tricky because it can be very hard to prove that an item, such as a gun, has been given as a gift. This can be a long shot, but it is worth a try.

Please note that there are other laws that govern the selling or pawning off of firearms. Some of these have to do with the state laws where you are currently residing or the state where the gun is registered. It is always best to consult with a lawyer in any case.  

Best Ways to Make It Possible

The best way to pawn off a gun or any kind of firearm is to ensure that it is legally yours to begin with. Some of the steps you may need to do in order to do this include:

1. Having the gun ownership transferred to your name – as with all other valuable possessions, it is best to have proof that you are the actual owner of the item that you are selling or pawning. Pawnshops like A to Z Pawns accept virtually all sorts of firearms, big or small. Proof of ownership is one of the many requirements that pawnshop needs from you. Having a document stating proof of ownership will expedite pawning off guns faster and easier.
2. Having a legal document that states that the gun was purchased after marriage – properties bought within the bounds of marriage are considered conjugal property. This means both you and your spouse have ownership and rights to the item. This doesn’t mean that you can just bring the gun to the pawnshop and pawn it off. It just means that you also have control on how to use the item. There are still some stipulations that the pawn shops have before you can actually pawn off an item under these circumstances. It is best to find out what these additional conditions are before you do anything.
3. Getting a court to allow you to legally sell or pawn off these items – the reasons why a court would grant you these rights are not always the same. But if you have documents from a court that allows you to pawn or sell the gun, you can get it done. The process, however, may take time and money. You may need to spend thousands of dollars on lawyer’s fees and other fees before you get the court’s permission to allow the selling or pawning of your gun.

Getting the Most Value for Your Gun

Having all the proper documentation for your gun whether you legally own it or are legally allowed to pawn or sell it will allow you to get the most value for your gun. It makes the transaction legitimate and securely binds both parties, you and the pawn shop, to your respective obligations. You can bring your gun in for an appraisal at A to Z Pawns. You can be assured that you will get good value for your gun. However, it is expected that the offer will be lower than market rates. The pawn shop, after all, will have their own expenses when they safekeep or resell your gun. It would also be good to ask about the pawn shop’s redemption requirements and procedures. When you deal with a licensed federal firearms dealer like A to Z Pawns, you can be sure that any transaction you enter into is above board.   A to Z Pawns 1818 W Bell Rd #105 Phoenix AZ 85023 (602) 866-0980  

The following article Can I Pawn or Sell a Gun That’s Not in My Name? is republished from A to Z Pawns

A to Z Pawns

1818 W Bell Rd #105

Phoenix, AZ 85023

(602) 866-0980

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