Top College News Subscribe to the Newsletter

Pawn shop laws

Bill needed to help victims

Published: Monday, May 16, 2005

Updated: Saturday, June 16, 2012 00:06

For the victims of 1,389 cases of robbery, burglary and motor vehicle theft reported to the Ohio State University police in 2003, theft is a legitimate concern.

Living on an urban campus leaves students more susceptible to crime in general, particularly theft. The experience of being a victim of theft is cumbersome. From reporting the crime to replacing the items taken, it is a lengthy process. As demonstrated in a Columbus Dispatch article Sunday, sometimes these stolen articles show up at pawn shops. Although this might seem like a lucky break, it can come with a cost.

According to current state law, pawn shops can charge victims of crime to retrieve their stolen items from the shop. While this might appear to be a loophole, this neglect is intentional. In February 2002, House Bill 444 was introduced into the Ohio House of Representatives, which would have required pawn shops to return stolen property to its rightful owner, without charge unless a lawsuit by the pawnbroker was successful. However, this legislation was opposed by the pawn shop industry, did not make it past the Commerce and Labor Committee, and has yet to be reintroduced, although Republican Sen. Timothy J. Grendell plans to do so later this month.

Having to pay to retrieve a stolen good because of state law disrespects the property rights of individuals. Theft violates one's property and individual safety. Being a victim of burglary or robbery is difficult, especially when coupled with the stress of school and other commitments. Allowing pawn shops to charge victims for their own property only adds to the anxiety of the situation.

Allowing individuals to claim stolen property free does put the pawnbrokers at a disadvantage but this is a minimal inconvenience compared with what victims go through.

At the time of the previous legislation's introduction, pawnbrokers argued only 1 percent of their merchandise was stolen property. Therefore, legislation was not needed. If this statistic is accurate, however, then pawnbrokers should be willing to return items for free since they would not lose much business by not selling those items.

Although legislation is a step in the right direction, responsibility ultimately rests on the pawnbrokers themselves. Running a business that relies heavily on the honesty of people bringing in items requires additional responsibilities from the business owners. Pawnbrokers need to be more aware of the items being brought into their stores and use greater scrutiny in selecting which items to take.

Asking victims of theft to pay for their own property is not fair and legislation should be enacted to protect individuals' possessions and rights.

Recommended: Articles that may interest you

10 comments

Anonymous
Mon Dec 3 2012 12:05
If a private citizens buys property and it is found to be stolen the police will take it and give it back to the owner so why should pawn shops be any different. Law are to protect the people and the more people push law makers to change these laws the faster the real victims can be helped.
The pawn shops are just as much at fault for not taking safe guards not to buy stolen property if you buy the logic of Oklahoma Pawn's thought process.
Kelli
Sat Jun 16 2012 11:35
I have a 24-year-old son addicted to heroine. He has stolen his younger sister's laptop twice. Combined, we've paid $700 to get it back. Yes, he is my son, and yes, the pawn shop would have been out that money, but the only person not hurt in this transaction is the addict. The tougher I got and the tighter we locked the house, the more damage he did when trying to obtain access to get money for his drugs. It's a tough situation. All I know is he was able to get a fix quickly and I was left to scrape together money to try to gain back my property. The last time the laptop was stolen, it was pawned at Cashland who paid $230 for it. They turned around and charged me $320. That was AFTER the police found it and verified the serial number and released it to me. So the addict gets his fix, Cashland makes an easy $90, and the victim gets screwed.
Thanks for writing the article.
Anonymous
Thu Mar 8 2012 15:07
Are you kidding me? "The rightful owner obviously didn't safeguard their assets adequately"? What is it that we should do. Sit at our front door 24/7 with a loaded rifle? I have deadbolts and a security system and yesterday while I was at work my front door was broken down and my house was robbed. Alarm was set so the police did respond but not fast enough to save me from what was stolen! Besides deadbolts, locking all windows, and alarms what is it that is left to be done? I can't put my flat screen in a safe when I leave for work! I am very glad I don't know anyone with so little respect for the REAL victim. Oh poor pawn shop! You give someone $300 for my $2,000 television and your an equal victim? Sure, your out of money which is wrong too! Then to say I have the choice to buy it back, no ones making me! That's crap! Yes it is my choice to have property that is rightfully mine! I shouldn't have to pay for it twice because other people choose not to work for a living! Both parties end up out of money but don't dare act like the pawn shop is so victimized by this! They loose a few hundred dollars. I have had my safety, privacy, and property destroyed by a criminal and a pawn shop looses a few dollars.
Anonymous
Sat Sep 17 2011 23:55
If it comes down to having to buy back your stolen property, what are the guidelnes as to how much they can ask for? I mean, is there a certain percentage of what the item retails for? If so, what is that percentage?
joemac33703
Tue Mar 1 2011 14:24
Firstly, In florida you do not need to sue, if the pawn broker is smart he will return to you the item once it is determined that it is in fact stolen and yours. I know because it happened to me. The Pawn shop wanted to have me pay the amount loanede to the theif but FL law provided for me to not have to pay. I am trying to find out about the Jewelery that another Pawn shop sent off for smelting. It was worth over 5 grand and they say tough tittie. I wonder why that if they would have had to return it, why are they allowed to profit from as crime once it is known
Anonymous
Thu Feb 10 2011 10:12
thanks
Anonymous
Wed Nov 17 2010 10:14
I think you should be able to sue Florida Pawn Shoips for stolen property. The Pawn shop should have insurance for property. Just like most homeowner's policy do not cover jewelry unless an additional policy is purchased. I think being victimized twice is a real crime. If pawn shops think they are doing you a favor they are wrong. They make it possible for convicted felons and unsavory characters to have an outlet. More should be done in these exchanges to have criminal background checks on people pawning/ fencing stolen property. Most of these people are crackheads/drug addicts and former felons.
Anonymous
Tue Mar 16 2010 00:08
Oklahoma Pawn
Ohio is right. Florida is mostly right . . . except that we always get the restitution because we don't have to give up the property until we get the payment. However, we are only allowed to recover what we paid or pawned on the item. So, you see, we have also been robbed of our overhead expenses and profit. So, you see, this is why Florida says the pawnbroker is actually a victim too. Further, this victimhood is caused in part because the rightful owner obviously didn't safeguard their assets adequately. The pawnbroker certainly didn't have anything to do with that. Finally, don't forget that the rightful owner also does not have to pay to get their property back . . . they CHOOSE to. This is because they generally have the option to pay to get their property back immediately and then be reimbursed by the criminal OR they may leave the property with the pawnbroker until the criminal pays the pawnbroker and then retrieve their property. So, before you go writing about something you should do a little research first. Then you would realize that finding your stuff in a pawnshop really is a lucky break since you found your stuff and you positively know who pawned or sold it which allows you the strong possibility of finding the thief.
Ohio Pawn
Mon Jan 11 2010 19:34
this is vary true. i am a manager at a pawn shop, and i can tell you i will buy something if i think its stolen, because if i got it then i know that the victim will at least have a shot at getting there stuff back. if they sell it to someone on the street, then they may never see it again. and restitution will cover that.
Florida Pawn
Tue Nov 24 2009 11:14
If you look at this from a different perspective it is minimal at most. If it wasn't for the pawn shop, the victim may have never been able to retrieve the item in question. The police have an easy job in these cases because the pawn shops have to follow strict rules implemnted by the law enforcement agencies. Also through the trial process the criminal is required to pay restitution. The pawn shops are victims also. When restitution is directed to the pawn shop it is not usually received.




log out