Need recommendation

[riverwolf1]

On March 15, 2018 I consigned 2 rifles to a local gun company, that filed for Bankruptcy about 1 week after I consigned the rifles. I learned this evening that there will be an auction on the 21st of May for everything in the store except the firearms. After the Auction they will be doing an online auction of all the firearms. The store is closed and the phones are not being answered. How do I go about recovering the 2 consigned rifles? Do I send a Demand Letter for return of my rifles? What are rules by ATF for return of my firearms tried looking it up but was not successful.If I send a registered letter of demand and the firearms are not returned can I report them as stolen to the local police department? Has anyone here ever experienced a situation like this? Need help ASAP!

 

[Chief 101]

I would go to local sheriff and see what he would recommend. Chances are as they are doing inventory for the auction they should be able to find paperwork to the owners of consigned firearms.

 

[Dusty Stevens]

can you prove they are yours?

 

[riverwolf1]

Yes, I have a receipt with descriptions and serial#s that they filled out and gave me a copy of, with how much money I was to receive if they were sold.

 

[#40Fan]

Police station tomorrow morning.

 

[Martin52]

On March 15, 2018 I consigned 2 rifles to a local gun company, that filed for Bankruptcy about 1 week after I consigned the rifles. ..... How do I go about recovering the 2 consigned rifles?

Sounds like they gave you some documentation at least - possibly a consignment contract/agreement ? If so, it should contain a clause dealing with the transfer of title and providing, amongst other things, for what occurs should the business goes bankrupt. Can you check ?

 

[Martin52]

and PM sent.

 

[JohnHenry]

The rifles are your property, not the company you consigned them to. Had a similar experience in March of this year. Gun shop where I had a rifle consigned filed for bankruptcy on a Friday and phone, email, all online ads went down. Tried contacting shop owner with no success. On Monday morning contacted local ATF field office. They were aware of the situation and informed me the consigned items were transferred to another shop. I contacted the shop that now had my rifle and they called me later that evening informing me I could pick-up my rifle. Picked up my rifle the next day. I would suggest contacting the bankruptcy court handling the case and possibly the law firm representing the bankrupt shop owner. Google bankruptcy info and you should find info on the bankruptcy filing(case number and attorney representing the bankrupt shop). In my case I received a couple of letters from the bankruptcy court in case I had further claims beyond my consigned rifle. The shop I consigned with had a large consignment business with approx 400 to 500 items on consignment. I reluctantly must admit the bankrupt shop handled the situation professionally. They had a former employee at the shop now in possession of the consigned items to facilitate the process. With the number of companies incorporated in Delaware, Delaware has a large and active bankruptcy court.

 

[jds holler]

So my advice to get your best bud, and break into the shop in the middle of the night isn't needed?? jd

 

[carlsbad]

There should be a law firm managing the liquidation. Walk in there monday morning with your receipt and you should be fine. The law firm has no interest in the rifles and this is exactly the type of issue that they are hired to resolve. This seems to be moving exceptionally fast so don't delay. --Jerry

 

[Eddie Harren]

If the gun company had an FFL they were required by law to enter the firearms, taken in on consignment, to their A&D book. You, as the owner of the consigned firearms, will be required to complete the federal form 4473 and undergo the NICS instant check to have the firearms returned to you.

 

[JBT47]

Recommendation is go get your damn rifles back.

 

[joshb]

The rifles are your property, not the company you consigned them to. Had a similar experience in March of this year. Gun shop where I had a rifle consigned filed for bankruptcy on a Friday and phone, email, all online ads went down. Tried contacting shop owner with no success. On Monday morning contacted local ATF field office. They were aware of the situation and informed me the consigned items were transferred to another shop. I contacted the shop that now had my rifle and they called me later that evening informing me I could pick-up my rifle. Picked up my rifle the next day. I would suggest contacting the bankruptcy court handling the case and possibly the law firm representing the bankrupt shop owner. Google bankruptcy info and you should find info on the bankruptcy filing(case number and attorney representing the bankrupt shop). In my case I received a couple of letters from the bankruptcy court in case I had further claims beyond my consigned rifle. The shop I consigned with had a large consignment business with approx 400 to 500 items on consignment. I reluctantly must admit the bankrupt shop handled the situation professionally. They had a former employee at the shop now in possession of the consigned items to facilitate the process. With the number of companies incorporated in Delaware, Delaware has a large and active bankruptcy court.

Artemis? They were there one week and then the next they were gone. Poof!

 

[riverwolf1]

Thank you for all the reply’s I will be going to the attorneys office Monday Morning, if no joy, then ATF office. This is the largest gun shop in the valley, they stock about 5000 firearms. I will not stop until they are returned!

 

[NorCalMikie]

And you might also contact the Company doing the auction.

 

[JohnHenry]

Artemis? They were there one week and then the next they were gone. Poof!

Yes. Artemis Outfitters. Consigned items were transferred to Targetmaster in Chadds Ford, PA.

 

[JFrank]

On March 15, 2018 I consigned 2 rifles to a local gun company, that filed for Bankruptcy about 1 week after I consigned the rifles. I learned this evening that there will be an auction on the 21st of May for everything in the store except the firearms. After the Auction they will be doing an online auction of all the firearms. The store is closed and the phones are not being answered. How do I go about recovering the 2 consigned rifles? Do I send a Demand Letter for return of my rifles? What are rules by ATF for return of my firearms tried looking it up but was not successful.If I send a registered letter of demand and the firearms are not returned can I report them as stolen to the local police department? Has anyone here ever experienced a situation like this? Need help ASAP!

Dude'
Once you consigned a firearm to them it becomes store inventory!
Call a lawyer asap
SPJ

 

[NorCalMikie]

It may be store inventory but it IS NOT their property.

 

[msinc]

Unfortunately, you may never see a dime of the money the guns sell for and you may never see the guns themselves, depending on which chapter they filed. Bankruptcy should be illegal, but it is not. By consigning the guns to this company you entered into an agreement to have their services sell the guns. In steps "bankruptcy" and this company has someone else {the court} dictate how they will conduct their final business. First and foremost, this includes paying any debt owed to the IRS. Everyone else "gets in line". Usually, there is nothing left for everyone else. Once the guns are sold, the money is not differentiated and simply is used to pay off debts. Again, the biggest is usually IRS and the old saying, "they always get theirs" is almost always true. It would be no different had you traded guns plus cash for some new gun they had to order. Two seconds later they file bankruptcy and you lost it all.
I know of several companies that sold "lifetime" memberships right up until the day they closed their doors and there was nothing the customers could do about it. The IRS wants the money, so don't count on any court or govt official to stop it.
Sadly enough, the suggestion to break in and take the guns back is probably the only way you will ever see them again. I know this is not what you want to hear.

 

[hogpatrol]

Good lesson here. Don't consign guns. Use gunbroker, place want ads at the local range, or on this and other sites.