an "Unscrupulous" FFL ?

Rob Pincus

New member
Hello Everyone.. I stopped by tonight because I was considering posting about a problme I am having, and I noticed the thread about the "dumb" FFL and I wondered if the mood of the responses would be the same in my situation. While I am not considering turning "G" on this guy, what he has done certianly has made me wonder about the possible legal ramifications.

(For the record, I do not subscribe to the "ATF monitors all transmissions and will certainly trace my ISP and contact me about this" Theory.)

What to do when a dealer takes delivery of a rifle which he is supposed to transfer to you and he does not?

The Facts:

Arrangements were made with a distributor to transfer a rifle to me, those arrangements included a stop at an FFL in another state before being shipped to me, presumably for some fine tuning on the trigger.

The distributor shipped the rifle on Jan 27th and has confirmed through UPS that the FFL recieved the shipment. I also have a copy of the Invoice, which clearly shows the intended final recipient and the SR# of the rifle.

The FFL told me in July that he had recieved no Rifle that had been earmarked for me from the distributor.

I have tried at least once a day for the past week (since I got the confirmation of the shipment from the Distributor) to speak with the FFL. He has not returned my calls, nor have his employees been able to tell me what happened to my rifle. I have supplied them with the invoice #, SR # and shipping date.

I had recommended this FFL to a friend back in Jan and he paid for a rifle package (A complete Steyr Scout) at that time. The check was cashed in Feb. There was a signed copy of my friend's local FFL accompanying the check.

As of July, my friend had not heard anything from the FFL. After several weeks of attempted contact, a message was relayed that the FFL in question did have the shipping info for my friend. That Shipping info was supplied again in August.

As of last week, niether rifle had been shipped and the FFL continues to avoid my phone calls.

Question:

Is taking delivery of my rifle, which he did not pay the distributor for and then transferring it to someone else the theft of the Firearm ??

(presumably he did collect a sale price for the actual recipient of the rifle)


Obviously, we all feel a moral pain in the side when it comes to ATF, but I feel a similar pain when it comes to the thought of a civil suit.

Suggestions?
 
Rob, you are a cop. What do you call it when someone takes money for doing something and doesn't do it? Fraud. If the rifle was shipped and the dealer took it or sold it to someone else that the theft. If the USPS was used in any part of the transaction, including mailing the check to the distributor then it is mail fraud and you need to notify postal investigators. If the check was sent and cashed across state lines it is an interstate commerce problem and you should contact the FBI. If the dealer is in your jurisdiction take your UPS shipping info to the DA, get a warrant and go arrest the guy yourself. You might also contact BATF because if the dealer claims the rifle was stolen and he doesn't have it he is required by federal law to report it immediately to BATF. Failure to do so is a crime.

Good to see you back!! You haven't been around much in the last many months. We miss you. Say hi to the wife for me and maybe we can all hook up in New Orleans, if you aren't too busy.

[This message has been edited by Jeff OTMG (edited November 02, 2000).]
 
Send the FFL a certified letter (return receipt) stating the facts and your intended course of action if he does nothing after x number of days. After that, go to the cops.
 
There is a distinct difference between theft and civil disobedience.

This sound like theft to me, and should be punished accordingly.

Non-compliance to to unconstitutional law creates victims of no one other than the state's or fed's ego, which is a non-entity and unpunishable under real law.

:D

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John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!

www.cphv.COM & www.handguncontrol.NET are being sued by Handgun Control, Inc.!

See the "cease and desist" letter here: www.cphv.com/lawsuit.html
 
I agree.... where no one has been injured there is no crime committed. But in this case you clearly have been injured.... I'd do as EricM suggests. Give the guy 10 days to correct it and then file a complaint.



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
True Enough.. I was wrestling with the moral decision to "loose the hounds" on this guy, but he has ignored every method of communication that I have tried, including intermediaries. I sent him a rather confrontational Email a couple days ago and I still haven't heard back...

I'll let you guys know what happens...

Thanks.

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-Essayons
 
Rob - postal inspectors have no jurisdiction if UPS was used - and probably can't help once the package arrived. Because the FFL is in another state local cops will look for a way out if you call them. Like it or not this guy has stolen. If the gun can be traced to you - you are nuts not to get a report on the record in case it shows up at a crime scene. The only people that can help you are the Feds - forget the FBI - they'll hear the word FFL and dump it on ATF anyway. Suck it up and call ATF - like 'em or not in this case they can help.
 
I'd also check with the state's Attorney General. Some will have a consumer fraud division. I helped out an Ohio IPSC shooter who was having problems with a briefly famous SC pistolsmith, who refused to return a pistol. After the SC Attorney General's office started sending nasty-grams, the pistol was finally returned. Unfortunately, the 'smith had botched the machining for the ramped barrel, and had parted out the shooter's pre-ban hi-cap mags, modified red dot, and other parts for other customer's projects. The BATF only got involved after the gunsmith moved his shop without updating his FFL.
 
Excellent suggestion, Dan...

I've been involved in things before where the Better Business Bureau has also been very effective.. I may try that route today...



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-Essayons
 
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