I need advice on a gun deal gone bad,GOOD NEWS!!!!!!!!

[jonbearman]

I sold a winchester shotgun to my brothers business tenant.I brought it down the next day and showed it to him.I told my brother and the buyer that we would try the gun out the next day or so.I show up 2 days later and the gun was taken by the buyer and he has been jerking me around for about a month for payment.@ weeks ago I told him to bring it back and he hasnt.Here is the problem,I can identify it but being that he is my brothers tenant,I never copied the serial # down.I have tried repeatedly to get it back only to be lied to even more.The question is:do I have a right to call the state police and have him arrested or do I call it an expensive lesson.I dont know what to do.
I got the gun today and he acted like the victim.My only thought is if he will retailiate. We will see!!!!!!!!!!!!!!!!

 

[necchi]

Re: I need advice on a gun deal gone bad,it was privatesale

With no Ser# or verifiable individual mark,
(something beyond make/model)
, the Law is going to be as empty handed as you are.

It may be worth while to talk to an LEO to see what they say.
If you give the guy a hint the Law will get involved, the gun may disappear from sight.

Why don't you and your brother enter the guys place and get it back?

Get advice from the local Sheriff or Police Captain and keep the pressure on the guy, don't mark it as a lesson,,keep badgering.

Find out where he hangs out, put the word out amoungst his peers he's a rat,,
Squeeze from both sides, till he pop's.

When all else has failed lay the Law on him, they tend to frown on gun deals gone bad.

 

[tenring]

Re: I need advice on a gun deal gone bad,it was privatesale

Without documentation of ownership, you may be SOL. Get a receipt when you bought it? Was a NICS check done by the dealer when it was purchased? If so, that might be enough to prove ownership. A notarized statement from your brother might be in order. Your HO policy may cover it.

 

[Killshot]

Re: I need advice on a gun deal gone bad, it was privatesale

I would call whatever law enforcement agency covers your area and tell them what you've posted here and ask them what steps they think you should take.

Hopefully they'll help you recover it.

A good reminder to all; take photos of every firearm you own and keep copies of sale documents and record serial numbers.

I wish you good luck, Jon.

 

[jpretle]

Re: I need advice on a gun deal gone bad,it was privatesale

Report it stolen, w/ any identifying information you have.(marks, scars, highlites or any deficiencies) Give a statement of the transaction to LE and have your brother do the same.
LE should do follow-up and will most likely get it back. If the guy is a business tenant, he has something to lose.
Being deceitful should be enough for your brother not to re-new a lease.
I think if heat was put on him,especially by LE, it will turn up.

 

[Scotsman1]

Re: I need advice on a gun deal gone bad,it was privatesale

John, these fellas all hit on several correct areas. However, what you technically have is a verbal agreement between parties- i.e "a civil matter". And since, one of the parties didn't fulfill their agreement or attempt to, you have some legal recourse. Whomever your local or State police may be, they may not get involved because of the agreement. However, your constable probably will. If the gun is worth it, pursue by all means. Make a report and cover your ass. It is a shame we live amongst dishonerable men. But as of late, I guess we better get used to it!

Good luck brother,
Sean

 

[RandyD]

Re: I need advice on a gun deal gone bad,it was privatesale

I am an attorney and depending upon the state you are in, this may be a crime. As someone else recommended call the local law enforcement agency and speak to them. Give them the name of this guy, his actions indicate that he is dishonest and he maybe a felon in possession of a firearm.

Next, I would call an attorney that litigates contracts and get a phone consultation. Most attorneys are willing to assist people in resolving their legal issues even if it does not result in them getting hired. At the minimum, this appears to be a breach of a verbal contract and a civil wrong known as conversion. You most likely can be made whole in small claims court.

I would not speak to the person until I spoke to the law enforcement agency and the attorney. After speaking to them, you will know your rights and courses of actions. I would tell your brother about his tenant. I beleive your brother will have similar problems with this man. Also, your brother may be able to exert some leverage on this guy. I know I would not want to have to go to the trouble of having to relocate my business; new letterhead, change of address with all vendors and clients ect.

 

[jonbearman]

Re: I need advice on a gun deal gone bad,it was privatesale

Here is an update: I called the sheriff and they sent an officer right over to take my statement. The officer is an ffl dealer just by chance. He went over to find him at his house,he wasnt home(what a surprise) then he calls him after he blew me off twice today and gets him immediately. Now it gets weird.His neibor and friend got a birthday present(my shotgun) and now he has to bring it to me before 3:00pm est. Then if he doesnt,he is going to jail for stealing my gun as he took it off my brothers property without permission in the first place.I got my fingers crossed.

 

[Killshot]

Re: I need advice on a gun deal gone bad,it was privatesale

Now it gets weird.His neighbor and friend got a birthday present(my shotgun)........

Quite typical; one his dirtbag friends was holding the stolen property in the event of a search warrant.

Karma has a way of finding these people eventually.

Got my fingers crossed for you.

 

[DennisH]

Re: I need advice on a gun deal gone bad,it was privatesale

If he took it without permission, it's stolen! Put it to him

 

[STS]

Re: I need advice on a gun deal gone bad,it was privatesale

I've been waiting for someone to point out the obvious but no luck, so here goes. If the unsavory gentleman that has your gun is your brothers business tenant, I would presume that he has something of value in that building. The solution is as simple as slapping a big lock and chain on the door of said building. I suspect that he will quickly realize that his "business assets" that are now in your possesion are worth more than your gun. Problem solved.

 

[Eddie Harren]

Re: I need advice on a gun deal gone bad,it was privatesale

WABOS!

 

[Jet]

Re: I need advice on a gun deal gone bad,it was privatesale

Glad it worked out for you

 

[jpretle]

Re: I need advice on a gun deal gone bad,it was privatesale

STS, I suspect there is a lease agreement that would be compromised, should he go down that road. Looks like the matter
is resolved, anyway.

 

[GSPV]

Re: I need advice on a gun deal gone bad,it was privatesale

If he's a sleeze in small things, he's going to be a sleeze in big things. Your brother had better watch out!

 

[wwbrown]

Re: I need advice on a gun deal gone bad,it was privatesale

An earlier poster brought up the point the guy could be a felon and that got me thinking in a private sale to someone we do not know are we liable if we make a private sale to a felon. I do not think we are I just wanted to ask the question, I realize that the internet is not a great place to ask legal questions. I rarely make private sales, outside of an FFL, so I am not real concerned.

 

[jonbearman]

Re: I need advice on a gun deal gone bad,it was privatesale

It is 12:00 and he is a no show so far,he has to 3:00 when the officer comes on duty and he is headed to jail.I sincerely did not want to go this way,however , all he had to do is be honest. As far as holding his tools,you cant do that till we serve him an eviction notice which is forth coming.This guy is a real sleeze and we looked into his background and found some things that dont look good.I am so sorry I ever met him.I am sitting here with tightness in my chest and I feel totally drained.I just hope he shows up and its all over.

 

[necchi]

Re: I need advice on a gun deal gone bad,it was privatesale

For wwbrown,

No your not really liable,
I'm pretty sure the law reads you can't sell if,
"You have reason to believe,," the buyer is ineligible.

Private sale is still Private sale, and Thank Goodness that's the way the law reads. We Do Not Need any further intervention by Big Brother.

You are absolved of sin if you've been duped/lied too.

If an individual chooses to use FFL for his dealings that's all well and good, but we all need to keep our freedoms,,

Jon,
Don't be surprised if he shows up a little late, this guy doesn't sound anywhere near responsible,,
Take a deep breath and don't have anymore coffee for awhile, Your taking the right action