ATF

Why turn it into a federal case? Try small claims. The ATF is a throughly anti-gun rights bureaucracy -- and you are thinking about telling them about your guns??? The less they know about me and my guns the easier I sleep.

Cordially, Ashlander
 
ATF doesn't and won't get into a civil dispute, that's what you're talking about. They enforce only applicable federal laws and regulations.
 
Tom: I know there are some good guys in ATF -- like the F&F whistleblowers -- but there were also those who were happy to try to build a false case for adding new anti-gun regulations. I'd rather not trust any of them if it keeps me from getting screwed by some of them.

I do, however, feel good about your confidence that all may not as bad as I think. I will sleep on it.

Cordially, Ashlander
 
where's my gun

The short story is I sent my target pistol out to have work done and though all has been completed and paid for, the gunsmith refuses to acknowledge any form of contact with the exception of a certified letter in which he acknowledges the aforementioned. He has had this pistol for six months.

Retaining counsel for a small claims action is cost prohibitive and even if successful, one would have to retain the services of a marshall or sheriff to enforce a judgment.

It's more than a simple civil matter, this person has care, custody and control of my firearm.
 
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I'd start with local LEO's, and go from there...

If you have documentation of the shipping of the firearm to this person, and documentation of payments, then refusal to return is theft, no?
 
Retaining counsel for a small claims action is cost prohibitive and even if successful, one would have to retain the services of a marshall or sheriff to enforce a judgment.
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This is one of the problems with people who are not lawyers giving legal advice.

You do not need to "retain counsel", for a small-claims action. You file the paper to bring the action at the courthouse yourself. It costs a nominal ($13.00 in MI, a few years ago.), amount to bring a small-claims action. Furthermore, you are not allowed to have a lawyer represent you in a small-claims action...you present your case yourself.

The term for not returning your gun is, "larceny by conversion".
 
dahermit is right in that you do not need a lawyer to file a small claims case. I don't know where you are, but in my neck of the woods, small claims is also handled by the parties themselves (so dahermit is right there, too).

OTOH, if you do retain counsel (the case is large enough to get out of small-claims), ask your lawyer about making the other side pay your legal bills. It's very common for both sides to ask the judge to order the other side to foot the bill.
 
The term for not returning your gun is, "larceny by conversion".
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HI believe here in Vermont that is called "Theft By Conversion", and it is my understanding that this is a criminal matter, not civil, no?

:confused:
 
I would gather documentation and talk to the police first. After that go to small claims on your own. I did it when I was younger and won. Never saw the money, but I won.
 
while I'm usually against calling the cops for any reason this may just be one of the times i would.
 
Yea, before involving lawyers and judges I'd walk right into a police station and explain to them exactly what it going on.

I would perhaps call the man a day before and let him know my plans if he doesn't want to cooperate.

Do you owe him money or something? Does HE think you owe him money?
 
where's my gun

Thanks all.

Firstly, I am 1,500 miles from the gunsmith, and filing a small claim action is not practicable.

Secondly, I had advised the local LEO via the State Attorney General’s office.

Yes I believe it is conversion and if so, his actions would not covered by the gunsmith’s general liability insurance.

This incident has completely turned me off as far as ever sending a weapon to any gunsmith. The gun is not a high end piece therefore I am at a loss as to why the smith is acting the way he is.
 
Out of state? Does this provide fuel for his argument? Anyone know if this could possibly fall under Federal scrutiny since this combines interstate commerce and a firearm? Is this considered interstate commerce? Not sure about the legalese terms here but I hope you get the gist of the query...
 
Sounds like he either screwed the gun up in some way and doesn't
want you to find out or he sold/traded it to someone and doesn't
have it anymore. You might be better off just cutting your losses.
 
If you have documentation of the shipping of the firearm to this person, and documentation of payments, then refusal to return is theft, no?
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That was my first thought and stealing is no minor misdemeanor. If the law gets involved, the guy could lose his FFL. I'd call him and warn him that he either needs to send you your gun or refund what you paid for his services + the value of the piece within a week or you're going to inform everything with a badge in your county and his.
 
You might be surprised.
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One of my LGS had a visit from the ATF and couldn't speak highly enough about the guys that came to his shop. Really changed his impression of them.

That being said...less is more.
 
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