Pawnshop in TN transfered my pawned firearm without my prior consent I pawned my firearms and the pawnshop had their FFL suspended. They own two stores and, when I went to pay on my pawn, I was told about the suspension, that all firearms had been transfered to their other location, and that I would have to travel almost 40 miles to redeem. Then I discovered that, when they were transfered, not only had the date changed on when payments/redemption was due, but, they were now charging me more than what I originally borrowed. Originally, I was to payback $122 on the $100 I borrowed plus $10 for the background check. Now, my payback was just over $200. So it’s principal on money I didn’t borrow. They’re refusing to adjust the amount. They swear they mailed out letters, however I, nor any other customer I’ve talked to, received one. I’m sure the charging for money I didn’t borrow is illegal, however, it’s the transfer of the weapons without consent that I am most curious about. I am working on gathering others together and seeking a lawyer to find out what our options are. I would just like to inform other customers of what laws were broken before we do so.
A financial institution (including a pawnbroker) cannot unilaterally change the terms of an agreement and obeying the law. This section in particular limits the interest rate to 2% per month. It would be illegal and a misdemeanor to raise the interest rate above the statutory limit. They also cannot change (shorten or lengthen) the maturity date of the loan, nor can they obligate you to wait until the maturity date to pay off the loan. They are in a bit of a bind if they lost their FFL. There is nothing illegal about transferring inventory to another store. They cannot compel you to redeem the item immediately, and you cannot compel them to violate the law and keep the item without the required license. In case what happened is that you went past the original maturity date because there is no viable public transportation to the new location and you've gone over the 30 day "grace" period (hence the extra charges), you might successfully argue in (small claims) court that the shop is responsible for your tardiness. The fact that the item is located 40 miles away is not per se an unconscionable burden on you, but if it is impossible or very expensive for you to get there because of the new location, they could have some responsibility to mitigate the situation (e.g. give you a ride to and from).
Firstly, your "apartment" doesn't prohibit anything; Your tenancy contract does. A terminology nitpick, but one that can shed some light on what is actually happening. TLDR: Your right to bear arms isn't being infringed, its being traded away. An unreasonable trade may be invalidated by the courts. Firearms restrictions are far less likely to be voided than speech content limitations. Yes, you have the right to bear arms(whatever exact meaning of that is). You also have the right to voluntarily agree to a binding agreement limiting that right, in exchange for a consideration. Compare a Non-Disclosure Agreement (NDA). You have the right to freedom in your speech: you also have the right to agree to binding limits on your freedom of speech, in return for consideration (such as money or access to information). Every contract is structured in the same general way: Party A agrees to do or avoid doing certain things, in exchange for Party B agreeing to do or avoid doing certain things. So, in essence, what the apartment contract says is, that you agree to do or not do some things (including paying rent), in return for your landlord temporarily granting you some rights(such as the right to reside(generally exclusive), the right to control the space, etc. ), and imposing some obligations on themselves (which vary from place to place). In your case, one of the things that you are trading is a limitation on your right to bear arms(note that you can still bear arms, just not on the property in question). Now one thing to note is that courts have the power to enforce contracts; they also have the power to void contracts, in part or in full, if they are illegal or "unconscionable". In general, restricting (the content of) speech is not reasonable (e.g. having a general noise level restriction is reasonable), so is more likely to be struck down than one restricting firearms on the rented property.
Illegal weapons Weapons are defined and are made illegal by statute. In many states, it is illegal to possess brass knuckles. For example, California penal code 12020(a)(1) makes it illegal to possess "any metal knuckles", "writing pen knife", "any leaded cane", among other things. I don't know of any state where it is illegal to pick up a stick, or keys, etc. So, yes, there is a legal distinction between your four scenarios. The mechanic is committing a crime by merely possessing the brass knuckles. The others are not committing a crime by the mere possession of the things you mention (unless there are states where they've been made illegal). Effect on a self-defense analysis Courts would have the jury go through the same self-defense analysis in each of these cases, regardless of the legality of the weapon used. We've described that analysis here. A pure self-defense analysis does not factor in the legality of the weapon that is used. But, if the weapon has been made illegal because of its disproportionate ability to injure, etc. that might weigh against the reasonableness of the force that was used when choosing to use that weapon in self-defense. Possession of an illegal weapon might also weigh against the credibility of the owner of that illegal weapon.
An incomplete list: Getting the money. How did you plan to get paid? Credit card? Paypal? Integrating those into a website in compliance with their terms of service is not easy. (I wouldn't touch credit card numbers, in particular, even with a ten-foot pole. Too much liability risk for weak implementations. Too many highly skilled attackers to pounce on any mistake.) Distributing the App. Places like the Apple App Store have their own terms of service, especially regarding payment and in-app purchases. At a guess, Apple would reject your app, but if they allowed it, how does your withdrawal policy fit with the 30% cut they want from the initial transaction? Holding the money. So there are user accounts with a credit balance that can be withdrawn again. Would you be able to repay them if all users withdraw at the same time? Where do you keep the money? Currency risks. Say international customers pay in currency A, which the payment provider transforms into currency B. Then they want their money back, but exchange rates have changed. What do they get? Knowing your customer. There would be money laundering concerns. Do you have the infrastructure to identify your customers? Can customers change the (re)payment method from one account to another? Can you handle withdrawals if a user no longer has the same credit card, for instance? Scammers leaving you to hold the bag. Say a scammer tricks a victim into making a deposit, and then finds a way to redirect the withdrawal (see above). Would you be able to deal with the legal and administrative fallout?
No, you are not obligated to provide the requested information. You're out of trial court and into the court of appeals, where the civil discovery rules have basically no effect. If the case gets kicked back to the trial court, you would likely be required to respond truthfully. To cover your bases and look responsible, the most proper thing to do would probably be to respond to the discovery requests, but answer with nothing but an objection to the requests on the basis that the Rules of Civil Procedure do not apply after the case has been dismissed. At that point, the burden is on the other party to make a motion to compel, which he probably won't do. And if he does, I'd expect the court to deny it summarily based on the dismissal.
@Putvi has the better answer, but I just wanted to add a few things. First, while it is not an antique, it's very collectable in the WWII Memorabilia Market, from my understanding, and a working gun always sells better than a broken gun. So if you're uneasy with firearms, you could sell it and make some money. Alternatively, you can keep it and have it on display. It'll be a great conversation piece, though again, that's your call. Either way, you'll probably want to talk to an FFL holder (you need one to work in a gun shop, so go to one of those). It's their job to know the ins and outs of the law and should be able to answer any questions you might have. Finally, if the thought of parting with Grandfather's trophy for money and the thought of keeping it is too scary, you can always split the difference and donate the piece to a museum (a WWII or California History museum, or even the museum in your grandfather's town) where it can be enjoyed by everyone. As already discussed, the documents clearly show its the real deal and it's worth a pretty penny. It will probably be an amazing piece in a more locally dedicated museum and could be a great way to celebrate the sacrifices your grandfather made.
It is basically fraud, and there are two ways in which it could be illegal: it might be a crime, and you might get sued for doing it (you would not be fined or imprisoned, but you may have to compensate the hotel chain for their loss). Whether or not it is a crime depends on the jurisdiction. In Washington, there are very many laws against fraud such as RCW 9.38 (credit), RCW 9.45 (numerous things where a business defrauds others), RCW 9.60 (forgery) but none of them would apply to lying about a material fact to a business in order to get a discount. Texas likewise has a long section on criminal fraud. It is not clear from the wording whether a customer lying to a business (not involving forgery, vehicles, credit, or financial institutions) is covered. 32.42(b)(10) says A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices... making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction The question of interpretation that this raises is whether a person who has said "I'm over 70" so that they can get a discount has made a statement "concerning the reason for a price reduction". The ordinary interpretation of "concerning the reason for" would be that it refers to explaining why or under what conditions a price reduction exists. For the moment, I am skeptical that this definition would include the case at hand, but that will require a search through case law and jury instructions. From the lawsuit angle, you would have knowingly made a false material statement in order to obtain a value, which is illegal, and they could sue you to recover the discount.
They can charge you with anything they think you did. And yes, the circumstances play a large part in the decision to arrest, charge and prosecute. However, circumstances include you: Reputation is everything. If you are a 17 year old male troublemaker with a long juvie rap sheet, including 3 past instances of stealing golf carts, then expect to be charged with the theft. Honestly you would probably be charged with the theft if you had simply stayed away and called the cops to report it abandoned. If you came upon it in your vehicle and it's obviously blocking the road and your apparent motive is to figure out how to move it so you can get by, then you're probably in the clear. If you're a 44 year old owner of a golf cart business, PAL supporter, city councilwoman and know half the cops including one in the car that stopped you, then, they're going to pretty much listen to you as far as what's the deal with the cart. Probably ask you for help moving it safely, might even ask you to get your cart-hauler to take it to impound. You won't hear from the D.A. obviously; nobody will say "Sue Councilwoman stole a golf cart" because it would sound absurd and make the speaker appear to be a politically motivated liar. That's the power of reputation; no one would speak it even if you did steal it. (Of course if you got caught doing it on a Ring camera, well, the hero takes a fall!) Anything in between, they'll deal with it in proportion to both the facts about you and the fact about the situation. You do not have a right to get the same credibility as the councilwoman; that is earned. That's the power of reputation.