Help, this lady needs help with question about consignments.

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Sorry for the loss of your husband.

I'm no expert on consignment sales, but the gun store should immediately pay you the funds less their contractual cut, they have the money in their hands. They're trying to have it both ways, it's been sold, but it's not yet sold. Whether or not the buyer can pick it up or not is not your concern, nor is it the stores' concern. A shop I deal with does not refund monies paid on account or layaway where the buyer cannot or has not passed a background check, and I believe this is not uncommon. If you have an attorney, see if he or she will make a call on your behalf. 30 days after sale, the fund should have cleared and the store is able to make payment.
 
The gunshop is giving you a run-around, and he's earning interest on your money in his bank account.

If I were in your situation, I would report him to the police and file a complaint for fraud. Your gun has been sold. That's what you agreed to pay a consignment fee for. Any problems now are between the buyer and the gun shop. The FFL needs to give you your money ... now. He can't have it both ways:

  • I can't give it back to you because it's been sold. It's his gun now.
  • I can't give you the money yet because the buyer hasn't picked up the gun, so it ISN'T his gun yet.

Which is it?
 
When he pays you, finally, insist on cash. I'm thinking he may have cash-flow problems and your money is helping keep the doors open or something like that.

Buy your larger-caliber pistol somewhere else, as well, and tell him why.

Feel free to come back on the board and tell us the outcome, or get further advice on your upcoming purchase. Don't let us snow you about what to get, though, some of us like doing that....
 
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Sic the BATFE on him,,,

That may sound harsh,,,
But essentially, he has stolen your handgun.

Or call the County District Attorney.

Do something other than complain to him,,,
Get the authorities involved,,,
He's a crook.

Aarond

.
 
What does the consignment contract say? If he's supposed to pay you within a certain number of days after someone purchases the gun, then he owes you the money. You should make a copy of the paperwork and take the copy with you to the store. Show the guy his own legalese. Then tell him that you expect a check (or cash) from him within 24 hours or you will get law enforcement involved for theft of a firearm. And mention his losing his license to sell guns from all of this when you report him to the District Attorney.
 
I'm with kilimanjaro, you're getting the run around. If the gun has been sold and he has been paid, then he owes you your money. It's not your problem when the gun gets picked up, The shops been paid so he can pay you (and at this point, no reason he should even care if the guns been picked up right? He's got his money). If by some weird chance you end up with the gun back, I would not give him the $29. I'd threaten to report his business dealings instead. He should be more than willing to wave that fee for all of your hassles. He might be having cash flow problems because of his poor customer service. :cool:
Good luck Erica.

but because I am a new comer to the gun arena and I don't know what the norm is.
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I know exactly what you mean there. Those first few times at the gun counter are really intimidating until you hit that one person behind the counter that takes the time to help a newcomer out. That one guy (at a Gander Mountain no less) made all the difference to me. Bought quite a few guns from him after that.
 
The usual caveat: I'm a lawyer, but I'm not your lawyer, nor am I licensed in CA. This isn't legal advice.

That said, I agree with these other fellers. You're being given the run-around. Either the gun has been purchased by someone else, in which case the shop should pay you; or the gun has not been purchased by anyone else, in which case you should be able to go get your gun.
 
I am not a lawyer, and this is free advice, so take it for what its worth. This is the typical way these things are handled in my area. Your area my be different to some degree.

This is generally a civil matter, meaning as long as the sale was legal, and he did everything but pay you yet, its basically a dispute of payment between the two of you.

With that said, probably the first thing you could do, is to type up a letter requesting payment from the FFL, and send it return reciept requested. In this letter you want to include a copy of your consignment agreement, and also outline when you were notified that the firearm was sold/transferred, the agreed upon price and fee's, and give him "X" days to pay. Keep a copy of this letter and the reciept from the post office. This way you have a documented attempt to contact him to obtain payment.

After you send this letter, you may give it a week or so and stop by to inquire, but keep in mind, if the business owner or a representative ask you to leave, you should. Just FYI. If you do not recieve payment, from either at this point, go to the clerk of court (may be different in your area) and file a small claims suit.
 
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I believe it may be a criminal matter. I am not a lawyer, but obviously the OP has been deprived of her property. She HAD a firearm. She now has neither a firearm nor payment for said firearm. The gun shop has BOTH the firearm and payment for the firearm.

I think the shop owner has committed theft by appropriation. (Note: I don't know if that's really a legal term, but I'm pretty certain I've encountered it.) Basically, fraud. And taking money or property by fraud IS a criminal offense.
 
AB,

You are correct in that it "may" be a crime. From dealing with these types of issues regularly, beyond the lack of payment, it typically is not easy to obtain enough proof to satisfy the elements of a crime to seek charges, if it was indeed a crime. The small claims process generally works the best from what I have found, which is why I suggested it to the OP.

Also, no offense at all, but I think you meant to use the term "conversion" instead of "appropriation"

Enjoy your afternoon!
 
We share your anger ... !!!

As others have noted, this guy is definitely jerking you around. All of what has taken place, should have been defined or explained up front. Document all your times and conversation. I being assertive, I'd give him a deadline on resolving the issue, say three days and inform him that you are taking leagal action. You don't have to say what that might be. Then I'd turn it over to the State's Attorny's office. They don't like that at all. ... :mad:

This is probably not the first time this guy has pulled this "stuff" and the State's attorny may already be aware of him. WheI now fear, is that he will short change you or come up with some stupid additional charges. He shuld be ashamed of himself and I'd let him know about it . ... :rolleyes:

Be Safe !!!
 
Fishing Cabin said:
Also, no offense at all, but I think you meant to use the term "conversion" instead of "appropriation"
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Well, I can't claim that I "meant" to use that word, but I do believe you are correct and that's the appropriate term.

I did warn you that I'm not a lawyer. Now you know why.
 
AB,

Its not a problem. I deal with lawyers regularly, and being human I am subject to a brian fart at times myself. Your good though. I always look forward to your responses.

I hope everyone enjoy's the day! It looks like the OP has either found a solution, or else resolved the issue since she deleted her posts.

The best to you all!
 
The OP has deleted all her comments, up to and including her original post.

Therefore, there is nothing to discuss, as anyone looking at this thread won't understand a thing about it.

Closed, for lack of topic.
 
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