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Handguns on consignment with fl dealer

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  • Handguns on consignment with fl dealer

    I purchased some vintage rare hand guns a few years ago from my dad in NY and he sent them NY FFL dealer to FFL Dealer Florida where I picked them up using my FL conceal carry permit and ID. My dad passed away last year and he previously had told me to sell some of the handguns as I now had 6 (too many) and I don't shoot that much anymore. Back in Feb 2010, I went to a licensed gun shop locally and agreed to consign two handguns worth approximately $1200 and $300 each. I have never sold or consigned guns before. The owner appeared honest and strict and he had me complete 4 copies of his consignment form with my FL DL, the gun serial numbers, lowest price I would accept and my info, and told me he would later complete his part at the bottom. He gave me copies for each gun consigned. The Consignment agreement states that he would return guns to consigner with 3 days notice and $25 handling fee. I visited his shop 2-3 times to check if the guns were sold over the past few months, and emailed him 1-2x to lower the prices since they had not sold and he responded 1x. He never answers his phone and is usually very busy when I had previously stopped in to see him. Last week I left a phone message, then went to the shop to request my $ or guns to be returned and I was given the slow business story and a song and dance that ended with he had to wrap up things with the sale of the $1200 handgun as he was pretty sure it was sold and something of a check was mentioned, but ended with nothing being presented and confusion. I told him I would stop in on Friday. Later that day I sent him an email telling him I was requesting return of both guns, and the unsold guns and $ in person on Friday. I followed up with sending him a certified letter of the same. What do I do if this guy won't return the handguns or continues to avoid or give me the run around? Should I report him to the local Police and ATF saying he has stolen the guns and he will not return? Any info would greatly assist me. I'm hoping I don't need to sue the guy to get them back and he is not a crook. Secondly I am worried as the guns trace back to me and I have no sales receipts, only the consignment forms for each gun.

  • #2
    talk to your local police department. I'm sure they are sold.


    • #3
      I'd like to know the name of that crooked business...is he allowed to give that to us?
      To disarm the people - that is the best and most effective way to enslave them.
      (George Mason)


      • #4

        why not if it's true it isn't slander


        • #5
          Maybe Bucky will give some advice here. I would visit your local LEO office and ask a supervisor's opinion.
          Go, Trump, Go!


          • #6
            crooked dealer

            I'll bet you a dollar they're sold or in one of his buddies' collection. Report him to the ATF and the local police immediately.


            • #7
              Don't jump the gun here. Maybe he's just not very organized. Give him a chance to respond to your request. Most gun shops are very conscious of their reputation and wouldn't do anything to jeopardize that. Patience, Grasshopper.
              "A wise man, intending to speak, first carefully considers what he is to say, and to whom he is to say it; also where and at what time. There is therefore such a thing as due measure in keeping silence and also in speaking; there is also such a thing as a due measure in what we do. It is a glorious thing to maintain the right standard of duty." - Saint Ambrose, Bishop of Milan (340-397)

              Proud to be a member of the NRA


              • #8
                Big Dave,

                Welcome to the forum being this is your first post. Now, each time you went into the gun shop, did you ask to see the guns before you left, and if so, did he show them to you?

                If he fails to respond to your written request, it's possible that the police can bring some type of charge if they feel they can prove that the owner is trying to permanently deprive you of your property or money. Don't lose those consignment forms, and by the way, do you still have the original transfer papers or mailing receipts from NY? Those might come in handy at some point.

                Good luck.
                You may not like guns, and chose not to own one. That is your right. You might not believe in God. That is your choice. However, if someone breaks into your home, the first two things you're going to do are, 1) Call someone with a gun, 2) Pray they get there in time.


                • #9
                  On the Home page of this site on the very left navigation bar is an attorney banner, he deals in gun law, I would give him a call, I think you are going to need an attorney, more than the police or ATF. His link is below.


                  By law if he sold them through the shop he MUST log the sale into his ledger, since you left the guns with him to be sold and did not out right sell to him, in another words transfer them to him which by law would force him to log them in, who knows if he logged them into inventory. If he is dishonorable, he could say he gave them back to you, call the attorney.
                  Last edited by kat1950; 05-27-2010, 10:27 AM.
                  When the people fear the government, there is tyranny. When the government fears the people, there is liberty.
                  Thomas Jefferson


                  • #10
                    Thank for the attorney info.

                    Thanks for the attorney info. I am hoping he will pay me and won't need to go that route.


                    • #11
                      Good luck Dave. I hope this wank doesnt rip a good man off!

                      You should post his name and Shop so we dont go there!


                      • #12
                        People who recommend that you get an attorney are either 1. an attorney or 2. never dealt with attorneys.
                        You are talking about $1500 here. An attorney would eat that up in less than a day.
                        I've dealt with them twice in my life. Both times they drug it out as long as they felt I would allow them in my pockets. You don't want to get an attorney over $1200.
                        I would just go in and ask to see your guns. If he can't produce them, I would tell him my next stop is the police dept. to file a theft report and then I plan on contacting the ATF. If he wants to stay in business, he will either produce the guns or $1200 less any legitimate fees.


                        • #13
                          You could just call a cop from the shop. Tell them that the thief is armed....

                          Wait outside, across the street. Behind a truck.


                          • #14
                            Moved thread to more appropriate forum..

                            I think a strongly worded, written demand for return of your consigned property or the current minimum asking price should be presented to the owner. If you don't receive either from the guy, you will have to file a small claims suit.

                            I think this would be more of a 'breach of contract resulting in loss of money or property' and not actual 'theft'. By that I mean, the police aren't going to arrest the owner for stealing your guns. They will tell you it is a civil matter and to sue him in small claims court.

                            I would let him know, though, that you plan to blast the Florida forums and and local shooting ranges and anywhere else that you can about his poor business practice until you receive your just compensation.

                            "A golf course is the willful and deliberate misuse of a perfectly good rifle range." - Jeff Cooper


                            • #15
                              Two checks from local gun dealer for consigned guns

                              Hi everyone,

                              Thanks a bunch for all your advice and input on my situation.

                              I showed up at the gun dealers shop yesterday and the gun proved us all wrong, as he presented me with two checks for the sold guns and the amounts of the checks were very fair. As long as the checks clear I will consider this guy an honest dealer for consignments and this a done deal.
                              I guess sometimes reputable gun dealers don't communicate to people who they have their property for sale and this may of created distrust since I have never consigned or done business with him before. This guy is definitley good at selling consigned guns and honest.

                              Happy Memorial day to all you Veterans as I am a retired Navy Officer and gulf war era veteran!


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