Pawned Off: Kansas laws make it difficult to get stolen stuff back

KANSAS CITY, Mo. (KCTV) - A Kansas City woman who was the victim of a theft says it hasn’t been easy to get her stolen jewelry back from Kansas pawn shops. That may be due to state laws.

If someone tries to pawn jewelry in Kansas, the law says the pawnbroker is required to get proof of identification and a signed statement that admits the seller is the rightful owner of the items. But what happens if those items were stolen?

That’s where the law gets murky.

For years Alyssia Hickle collected jewelry. Some pieces were expensive, others heirlooms or sentimental in value.

In April, a man Hickle trusted got into the collection of jewelry she had spent years building. According to court documents, Justin Glisson stole 11 pieces from her - valued at nearly $90,000.

“I felt like my heart dropped completely,” Hickle recounted. “There was a moment of shock, like how did this even happen - how is it possible?”

Investigators said Glisson sold Hickle’s jewelry to three different pawn and jewelry stores in Johnson County, Kansas. Only four of those pieces were still available for her to get back.

Hickle bought back two pieces she could afford. Another store returned one of her diamonds after the Overland Park Police Department verified the serial number. But an old engagement ring remains on an investigative hold at Mission Pawn.

“It feels like I’m being treated like I did something wrong, when in fact, I was victimized, burglarized and violated,” Hickle said.

The owner of Mission Pawn told Hickle she has two options. She can either pay for the jewelry or wait and let the courts decide.

It’s a practice Kansas pawnbrokers have used for decades, citing a 1989 Kansas Attorney General opinion that states their “due process must be respected.” But KCTV5 learned there is no state statute that governs the procedure of returning stolen property.

“This is a victim’s right issue,” said Greg Smith, special deputy of government affairs for the Johnson County Sheriff’s Office. “It really is and we’re behind the curve here.”

In 2019, Smith testified in front of the Kansas Senate Judiciary Committee in support of a bill he says would have created a uniformed process about this issue.

“Basically, [the theft victim is] at the mercy of the pawn shop or they get caught up in the bureaucratic mess that is sometimes the judicial system,” Smith explained. “While a judge can eventually say, ‘I’m going to order that the property is returned,’ there is confusion on when that happens.”

Senate Bill 46 was modeled after a Missouri law and supported by law enforcement unions across the Sunflower State. It would have required theft victims to provide a written demand along with a police report that details the stolen items. The pawnbroker would then have 7 days to return the items - unless they had good reason to believe the victim was lying.

The bill died in committee. Opponents argued it would have exposed police departments to lawsuits.

“I can see to a certain degree, the business, they believe they bought something lawfully,” Smith said. “But on the other hand, if someone can come in with cold hard proof that this is mine, you shouldn’t have to buy it back.”

In an email to KCTV5, the owner of Mission Pawn, Robin Tummons, who is also the president of the Kansas Pawnbroker’s Association (KPA), wrote in part:

“Ownership and following due process are crucial when dealing with stolen items. The position in Kansas shown by precedent is to let the court determine ownership.

It is not the correct legal process for the pawnshop or local [police department] to determine all victims and property rights and would place liability on both entities should there be a discrepancy between the final court verdict and their decision for who has rights to the item.

Kansas pawnbrokers agree the law needs to be improved to provide better clarity."

The clarity that Hickle feels is long overdue.

“I did this to advocate for other theft victims and future theft victims and I really hope someone takes notice,” Hickle said. “This is not fair at all. The law absolutely needs to change.”

The KPA opposed Senate Bill 46. Tummons said it was because of the “wording of the proposed changes.” She said the group wants to work with law enforcement to improve state statute.

Glisson is due in court Jan. 23.

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