Getting a stolen rifle back from ATF?

I'd get my Congressman on this. They have some sway of government agencies. I'd also get my Senator on it if he wasn't Schumer or his protege Gillenbrand!
 
Rodent, happy to try and help get you answers. Check your email on this site for my contact info.
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Caring sportsman.....
 
First I would see an attorney then your Congressman and Senator. They know they can snowball you as long as they want but they can't snowball an attorney, Congressman, and Senator for long. Also contact the Sheriff (not the Sheriff's Office) personally and advise him of your situation. He may be able to help grease the wheels a bit. If not add his name to the list your attorney, Congressman, and Senator may wish to talk to.
 
I guess its not really a factor any more since you moved so far away, but you probably had a simple small claims court remedy against the gunsmith who had custody of the property at the time it was stolen.
 
TimSr said:
...you probably had a simple small claims court remedy against the gunsmith who had custody of the property at the time it was stolen.
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For what? Being burglarized?

Short answer is that no, there's no good claim against the gunsmith -- unless the OP can prove complicity with the thief or gross negligence.
 
For what? Being burglarized?

Short answer is that no, there's no good claim against the gunsmith -- unless the OP can prove complicity with the thief or gross negligence.
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If I took possession of something to work on I would feel responsible. The person only left it because they felt it would be safe=they trusted me and my security. If my security failed I would feel like I need to compensate them for their loss that was my responsibility.

I am not saying that the OP should sue, but I would be very annoyed if the gunsmith did not bend over backwards to get my gun back or help me replace it.
 
The OP said the gunsmith won't even refund smithing fees for the rifle that was never returned to the OP. If true, that is ridiculous.
 
deepcreek said:
If I took possession of something to work on I would feel responsible. The person only left it because they felt it would be safe=they trusted me and my security. If my security failed I would feel like I need to compensate them for their loss that was my responsibility....
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That's very nice of you, but that's not what the law is.
 
deepcreek said:
To me it is part of being a decent human being. Lawyers are scum, I don't look to them for my standards.
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First of all, I'm a lawyer. You might think of me as scum, but it would be advisable for you to keep your insults to yourself on this board.

Second, you'd be very happy to have a good lawyer on your side if you got into a legal pickle -- such as could happen if you had to use your gun in what you believed to be self defense.

Third, the issue raised by post 24 was suing the gunsmith. Whether or not that would be a viable option depends on what the law is, not on what your personal standards are.
 
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Third, the issue raised bu post 24 was suing the gunsmith. Whether or not that would be a viable option depends on what the law is, not on what your personal standards are.
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Many people make decisions on morals.
 
deepcreek said:
Frank Ettin said:
Third, the issue raised bu post 24 was suing the gunsmith. Whether or not that would be a viable option depends on what the law is, not on what your personal standards are.
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Many people make decisions on morals.
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They do, indeed, as well they should. That does not tell us if a lawsuit is viable, though.
 
deepcreek said:
Many people make decisions on morals.
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And if someone decides to pursue a lawsuit based on personal standards alone, without regard to whether the law offers a prospect for success, he will likely waste his, and other's, time and money. He also exposes himself to a potentially expensive (to him) claim of malicious prosecution.
 
My gut reaction: It depends on whether the work was ever performed. I haven't scoured the thread, but I see no indication one way or the other. For that matter, the OP may not have any way of knowing, except to ask the gunsmith, which presents obvious problems.
 
I agree with Spats. Of course if the work had been performed, it would be a nice gesture for the gunsmith to offer some accommodation on the cost.

And this is another circumstance in which the "law" answer and the "personal ethic" answer would be different.
 
I would think the gunsmith's security as a whole (locks, safes, alarms, or lack thereof) would be potential factors; I would also think the business would have (or might be required to have) theft insurance.
 
They do, indeed, as well they should. That does not tell us if a lawsuit is viable, though.
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No but morals might justify if he even wants to pursue one, or pursue personal compensation outside the courts.

We live in America lawsuit capital of the world you can sue someone for many, many.. things. If I slip on my friends sidewalk I could probably sue him, but I wouldn't because I have morals and I am not scum.
Same concept.
 
Can you file under the freedom of Information Act for information about the case and the disposition of your property? Might help the lawyer some.
 
deepcreek said:
Spats McGee said:
They do, indeed, as well they should. That does not tell us if a lawsuit is viable, though.
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No but morals might justify if he even wants to pursue one, or pursue personal compensation outside the courts.
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Yes, they might. The question of morals (& ethics) should certainly play a role in deciding whether or not to pursue action against the gunsmith or shop owner.

However, while I do not presume to speak for Frank, I don't think that either one of us was weighing in on whether the OP should pursue a remedy against the gunsmith or shop owner. Frank was merely responding to whether the OP
TimSr said:
. . . . had a simple small claims court remedy against the gunsmith who had custody of the property at the time it was stolen.
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IOW, merely responding to the question of whether there is a legally tenable cause of action against him. That's a question of "Can I?" not a question of "Should I?"
lcpiper said:
Can you file under the freedom of Information Act for information about the case and the disposition of your property? Might help the lawyer some.
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Possibly, but I don't know enough about any federal FOIA to answer the question of whether same might be successful. I do know that in Arkansas and (I presume) many states, there is an FOIA exemption for "ongoing investigations" that might prevent such a request from being open under such circumstances.
 
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