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9/19/2017 7:27:10 PM
Posted: 7/27/2001 5:39:28 PM EDT
Six months ago a friend who's LEO bought and had 2 firearms transferred to a local dealer.After thier arrival to the dealer, his NICS was denied due to his law enforcement and government history. He was to soon leave the state for employment purposes, and with his NICS denied, he sold one of the firearms to the dealer to free up some funds for the travel and moving expense.The dealer stated he would retain and store the other firearm as long as was needed until the denial could be resolved. Recently he was able to get the ATF and other government agencies to reverse thier original denial, and was approved for the transfer.He contacted the dealer today, and was politely informed, that the second firearm had been sold, and without his consent. What is the best legal avenue to pursue in this situation? This dealer is a Class 3 FFL.loose-round
Link Posted: 7/28/2001 11:27:17 AM EDT
Unless we're talking about a very high dollar firearm, this should be an easy matter. First, I'd demand the value of the firearm back from the dealer (in writing, certified return receipt mail) and see how he responds. I don't know the structure of the TX court system, but there is probably a small claims court where a plaintiff can seek a money judgement against a defendant, up to a certain amount (usually between $3k-10k), without a lawyer. Basicly you both go before the judge, explain your side, show any exhibits or evidence you may have, and he'll make a decision. Sort of like Judge Judy with out the cameras and the bitchiness from the bench. Its usually quick, easy, and can be done without the expense of a lawyer. You'll want to find the court where the defendant's business is, so get a phone book for that area, open to the blue pages and look for something like small claims court, municipal court, justice of the peace (JP) court, etc. Call the court, explain your situation, and see if thats the proper court to file your action. If its not the right place, ask if they can direct you to the proper court. It may take a few calls, but when you get to the right place, ask if they have a guide or booklet on how to file your own action. Before I became a lawyer, I used this process against clients who didn't pay in two states. In both states the people at the court were more than helpful and provided all sorts of booklets, videos, and materials prepared by the court to aid the non-lawyer in preparing and pursuing his own small claims action. I think there's probably a similar system in TX.
Link Posted: 7/28/2001 6:02:32 PM EDT
[Last Edit: 7/28/2001 6:01:58 PM EDT by loose-round]
Thanks Shaggy. I was fairly certain small claims was the route to pursue, but I've never seen a situation quite like this before. I had some prior dealings with this particular dealer, but his attitude and personality rubbed me the wrong way so I made other contacts with a different FFL. This particular dealer is, I believe a lawyer, but I don't know if he still has an active practice.I hope not, as his business ethics are deplorable, and hopefully his personal ethics never enter into a court of law. loose-round I did'nt mention that the particular firearms involved were a pair of H&K SP-89's, and they were purchased for $7500 for the pair, one of which was sold to this particular dealer for a mere $2000. This was done out of necessity, as my friend needed the funds for travel and moving expenses.
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