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Posted: 8/6/2007 11:05:14 PM EDT
I bought a New in Box Glock 21 from a dealer on gunbroker.com.  His feedback looked pretty good.  Lots of guns for sale too.

I get a call today from Metro.  They're coming to pick it up--it came up stolen.

I contact my seller.  He says he'll pony up and make things right with me.  I press him on it, and he says he'll get me a refund after Metro completes their investigation.

I respond I'll find out how long that is expected to take, and if it's too long for me, I'm gonna press him (and his attorney, who he mentioned in his response) for the refund immediately.  I add that being an attorney, I'd really like to hear from his attorney the rationale for holding my money after selling me a stolen gun!

He agrees to send my refund upon getting paperwork from me showing Metro has the gun, etc., but he adds that he won't pay me the FFL fee I had to pay for the gun.

Once he sends my refund (50% chance maybe?), I'll flame him on gunbroker and everywhere else I can.   He should be sending me something for the aggravation!

He claims he didn't know it was stolen, send me the chain of custody going back a couple deals, and claims the gun is NIB but just traded around a lot between dealers.

Lesson learned--don't assume NIB means the seller got it from a wholesaler.

I'll be lucky to get most of my money back.  But, is it unreasonable to want the FFL fee refunded too?
Link Posted: 8/6/2007 11:17:18 PM EDT
[#1]
[deleted]
Link Posted: 8/7/2007 12:46:27 AM EDT
[#2]

Quoted:
I bought a New in Box Glock 21 from a dealer on gunbroker.com.  His feedback looked pretty good.  Lots of guns for sale too.

I get a call today from Metro.  They're coming to pick it up--it came up stolen.

I contact my seller.  He says he'll pony up and make things right with me.  I press him on it, and he says he'll get me a refund after Metro completes their investigation.

I respond I'll find out how long that is expected to take, and if it's too long for me, I'm gonna press him (and his attorney, who he mentioned in his response) for the refund immediately.  I add that being an attorney, I'd really like to hear from his attorney the rationale for holding my money after selling me a stolen gun!

He agrees to send my refund upon getting paperwork from me showing Metro has the gun, etc., but he adds that he won't pay me the FFL fee I had to pay for the gun.

Once he sends my refund (50% chance maybe?), I'll flame him on gunbroker and everywhere else I can.   He should be sending me something for the aggravation!

He claims he didn't know it was stolen, send me the chain of custody going back a couple deals, and claims the gun is NIB but just traded around a lot between dealers.

Lesson learned--don't assume NIB means the seller got it from a wholesaler.

I'll be lucky to get most of my money back.  But, is it unreasonable to want the FFL fee refunded too?


You mention the "FFL fee" that you had to pay for the gun. Didn't your dealer call Metro and issue you a Blue Card after running a check (with Metro) before allowing you to take possession of the gun?

Be Safe.

Joe
Link Posted: 8/7/2007 5:01:48 AM EDT
[#3]

Quoted:
 But, is it unreasonable to want the FFL fee refunded too?


I do not think it should be refunded.  It was a fee on your end.

You should get back the full price and shipping.

Good luck with your situation...

Just my $.02.

V
OUT
Link Posted: 8/7/2007 5:42:52 AM EDT
[#4]
I recently had to return a lower (purchased from an online vendor) and the manufacturer (LMT) sent a replacement.  Explained what happened (to my local dealer) and was not charged a second FFL transfer fee.

So yes, they can waive the fee.

eta: LMT also refunded the cost of shipping the lower back to them.
Link Posted: 8/7/2007 5:50:08 AM EDT
[#5]
No check was run by the FFL when I picked up the gun because I have my Nevada carry permit and already have a regsitered handgun in Clark County.

And, even withot a carry permit or blue card, I don't think they check the serial number of the gun--don't they run the person not the gun?

My rationale for getting repaid for the FFL fee is because I believe that I should be made whole money wise.
Link Posted: 8/7/2007 7:13:26 AM EDT
[#6]

Quoted:

Quoted:
 But, is it unreasonable to want the FFL fee refunded too?


I do not think it should be refunded.  It was a fee on your end.

You should get back the full price and shipping.

Good luck with your situation...

Just my $.02.

V
OUT


If it was for warranty work or something like that I would agree. However, this is stolen property and even worse a stolen firearm.

In my opinion all of your fees should be refunded..
Link Posted: 8/7/2007 9:00:10 AM EDT
[#7]
I wonder if it was a serial # mix up or something funky on the other end.......

We had a guy in the academy register a stolen gun. He bought it from a police auction. The police dept. never checked to see if it was stolen.

This guy should be doing what he can to make you happy......
Link Posted: 8/7/2007 10:09:43 AM EDT
[#8]
I'm gonna verify with the detective that his serial number matches the one on the Glock I have.  But, if the report he has has a wrong number, I can't do anything about that as far as I know.

Anybody know the process from here--will Metro just ship the gun to the police agency that issued the report about the gun being stolen?  Will they investigate and confirm the serial numbers?
Link Posted: 8/7/2007 11:00:55 AM EDT
[#9]
I went through this ordeal not too long ago, but fortunately it was all handled at the substation. The detective on staff called the reporting jurisdiction to get the particulars, i.e. the make, model, and other details. It turns out that a number was transposed.  Hopefully your local PD contact will make the effort, as it might not actually be stolen...or maybe a dealer had some sloppy bookkeeping and erroneously reported it when he couldn't find it during a store inventory session.



Quoted:
I'm gonna verify with the detective that his serial number matches the one on the Glock I have.  But, if the report he has has a wrong number, I can't do anything about that as far as I know.

Anybody know the process from here--will Metro just ship the gun to the police agency that issued the report about the gun being stolen?  Will they investigate and confirm the serial numbers?
Link Posted: 8/7/2007 5:03:18 PM EDT
[#10]
D, you have my sympathy for what that will buy you, but without a judgement I think it would be a stretch for the dealer to make good the fees on your side of the transaction outside of the gun and the shipping.  I assume he isn't going to be recieving anything back except a visit from the authorities and more troubles.  Of course, it doesn't hurt to ask.  
Link Posted: 8/7/2007 6:52:09 PM EDT
[#11]
A call to the authorities might shake things up, no? If the ATF is involved, they would probably be interested in an FFL holder selling/shipping a 'stolen' gun! Might earn him a free check o' the books!!

And Dbailey is reflecting back to his training, thinking " I wouldn't have incurred those costs BUT FOR the dealer's wrongful conduct!!
Link Posted: 8/7/2007 7:23:42 PM EDT
[#12]

Quoted:
I'm gonna verify with the detective that his serial number matches the one on the Glock I have.  But, if the report he has has a wrong number, I can't do anything about that as far as I know.

Anybody know the process from here--will Metro just ship the gun to the police agency that issued the report about the gun being stolen?  Will they investigate and confirm the serial numbers?


I believe that when the Gun Reg unit ran your handgun before entering it into the system, they ran a check themselves and found out it was stolen.  The Firearm Disposition team is the unit that handles the shipping of the firearms to the proper law enforcement agency.  It doesn't hurt to get the serial number verified.... sometimes the numbers can look different such as the 4 looking like a 9 or an S as a 5... etc.
Link Posted: 8/7/2007 7:29:29 PM EDT
[#13]
hmm...i smell a GUBMENT plot to disarm all of the lawyers!!!!!!!

Link Posted: 8/7/2007 8:13:37 PM EDT
[#14]
HEHE.

I checked the serial number on the report they had from the police dept where the stolen property report was made.  It is from 2004.  The detectives stated that they do no investigation--they take the gun and immediately ship it to that PD.  They file a copy of the property report they did today with the BATFE.

Regarding the judment comment, there won't be a judgment unless someone sues someone.  And, as the detectives told me today, it is up for my seller to go back up the chain and get his money back from the guy he bought it from, and on and on.

Oh, they checked the gun (I hadn't because I didn't mess with it once I learned it was stolen)--it isn't NIB as listed on gunbroker!  So, I got a little more ammo against this seller!
Link Posted: 8/7/2007 11:16:02 PM EDT
[#15]

Quoted:
hmm...i smell a GUBMENT plot to disarm all of the lawyers!!!!!!!



Yep.... take away their guns....

They already had their brains taken away in law school!
Link Posted: 8/8/2007 6:56:13 PM EDT
[#16]

Quoted:

Quoted:
hmm...i smell a GUBMENT plot to disarm all of the lawyers!!!!!!!



Yep.... take away their guns....

They already had their brains taken away in law school!


classic!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Link Posted: 8/8/2007 7:01:38 PM EDT
[#17]
Come on now, you need a brain to chase ambulances!  Those drivers are sneaky when they run through intersections!

Chiz and I took that class together twice because we just couldn't get it right the first time
Link Posted: 8/9/2007 1:13:46 PM EDT
[#18]

Quoted:
Come on now, you need a brain to chase ambulances!  Those drivers are sneaky when they run through intersections!

Chiz and I took that class together twice because we just couldn't get it right the first time
Which one of you guy's are horn happy? I havent heard a siren in years,(Igot used to them) but that damb horn springs me out of my bed every time!
Link Posted: 8/9/2007 2:13:31 PM EDT
[#19]
Just using some stereotypes  I'm in house counsel for a real estate developer, so no ambulance in my future (I hope!)
Link Posted: 8/9/2007 2:19:50 PM EDT
[#20]
Yeah, i don't chase ambulances, i just use the scanner and meet 'em at the Hospital
Link Posted: 8/9/2007 2:35:22 PM EDT
[#21]

Quoted:
Just using some stereotypes  I'm in house counsel for a real estate developer, so no ambulance in my future (I hope!)


Ah, the enemy!
Link Posted: 8/9/2007 6:13:14 PM EDT
[#22]
Its whoevers driving from station 51, late swing, or grave.
Link Posted: 8/14/2007 10:49:08 PM EDT
[#23]
Update--my seller send me a check for the purchase price but omitted the shipping that I paid to him for him to ship it to me.  Hmmm, maybe I'll have to sue his ars just for the practice!
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