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Posted: 2/15/2025 12:54:22 PM EDT
| I perform Gunsmithing and armorer work for a local FFL. We have had a customers firearm in our possession for the past 11 months. Numerous attempts to contact via e-mail and phone have been made to contact the individual with no response. Our store policy on transfers and firearms dropped off for work can be considered abandoned after 6 months. Can we take legally take possession of this firearm? |
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Originally Posted By steyraug45: I perform Gunsmithing and armorer work for a local FFL. We have had a customers firearm in our possession for the past 11 months. Numerous attempts to contact via e-mail and phone have been made to contact the individual with no response. Our store policy on transfers and firearms dropped off for work can be considered abandoned after 6 months. Can we take legally take possession of this firearm? What you can legally do will depend upon state law. Of course you are always open to a civil suite that will likely cost more than price of the gun. Hence I choose the path of least hassle. I just leave them in back of safe and will deal with it when I give up my FFL. One guy came back for his after three years. He was in a serious accident overseas and then got cancer. So glad I kept it for him. |
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We have tacked on a $20 per month storage fee, as stated in the policy, in addition to the work performed on the firearm. The total tab so far is more than the actual value of the firearm, if that accounts for anything. We are planning to send a registered certified letter to the owner to give him one final chance for retrival. |
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Originally Posted By RenegadeX: What you can legally do will depend upon state law. Originally Posted By RenegadeX: What you can legally do will depend upon state law. Originally Posted By steyraug45: We have tacked on a $20 per month storage fee, as stated in the policy, in addition to the work performed on the firearm. The total tab so far is more than the actual value of the firearm, if that accounts for anything. We are planning to send a registered certified letter to the owner to give him one final chance for retrival. If you didn’t comply with state law they could still win a civil suit against you though. Assuming your policy is compliant, it sounds good to me. (Some states require that more than one certified letter be sent.) Definitely maintain proof of delivery and copies of the letters. |
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Originally Posted By m200maker: Contact next of kin? This is due diligence, even if not required by your state’s laws. Give next-of-kin (or his estate) the same options the customer had. Document all of this too, of course. |
| We’re going to send the certified letter anyway of course, and take it from there. As far as Florida State laws concerning abandoned firearms go, if I understand correctly, only the Sheriff department can take it and hold it for 90 days. But that means we’re out of a potential sale of said firearm to recoup losses. |
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Originally Posted By steyraug45: As far as Florida State laws concerning abandoned firearms go, if I understand correctly, only the Sheriff department can take it and hold it for 90 days. But that means we’re out of a potential sale of said firearm to recoup losses. What does the statute for plain old “unclaimed property” state? |
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Originally Posted By steyraug45: Chapter 715 of the Florida statues. No mention of firearms, the closest one is 715.065. Check out 717.117 since that seems to cover mandatory reporting of both tangible and intangible unclaimed property. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0717/0717.html |
| Try looking up/googling "mislaid property" laws for your state. For me the best course of action was to post a sign stating that items not picked up would incur a storage fee, when the storage fee equals or exceeds the approximate market value the firearm will be sold to recoup storage fees/gunsmith work. I had allot of unclaimed transfers during COVID, it was out of control. My storage space is somewhat limited. |
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