Is it Theft to Agree to Buy Something, Take Possession, then Not Pay

[cward]

A few months ago I "sold" one of my AR's to my then neighbor. I say "sold" as we made nor kept any sort of documentation/records of the sale. I still have not received any payment and he is now just coming up with excuses as to why he can't pay me. I am the only owner of the AR, so it is registered to me.

My question is; would I be able to report it stolen to the police and get it back, or will I have to take him to civil court?

[cdwjava]

In what state was the sale made?

Oh, and in NO state would this be "stolen." It was NOT "stolen" because it was willingly provided to the other party in exchange for payment to be forthcoming. If he failed to pay, you can take him to Small Claims court to seek compensation (assuming the sale was legal in the first place).

[budwad]

What is an AR?

[flyingron]

I assume he's talking about an AR15. Private sales don't require any federal paperwork and he didn't indicate his state so I can't comment on local laws.

I'm unclear what he thinks the registration has to do to prove ownership (or where he is that registration is even required).
The 4473 is not registration.

[adjusterjack]

A few months ago I "sold" one of my AR's to my then neighbor. I say "sold" as we made nor kept any sort of documentation/records of the sale. I still have not received any payment and he is now just coming up with excuses as to why he can't pay me. I am the only owner of the AR, so it is registered to me.

My question is; would I be able to report it stolen to the police and get it back, or will I have to take him to civil court?

You and this guy need to form a support group:

https://www.expertlaw.com/forums/sho...d.php?t=226803

[Mr. Knowitall]

State laws vary. Typically if you can prove that the "buyer" had no intention of paying at the time you gave him possession, you could theoretically have the "buyer" prosecuted; but realistically speaking, it is normally impossible to prove what the buyer was thinking at the time.

If he has paid nothing perhaps he will agree to return the firearm.

As a broad rule, never "sell" somebody an item of value without getting cash in hand. If you give somebody an item of value on the promise that they'll pay you in the future, you should do so with the expectation that they'll never pay -- that way, payment becomes a pleasant surprise rather than a source of frustration.