Posted: 7/18/2011 11:03:27 AM EDT
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So right now I have two guns at my local shop being sold on consignment. The store owner and me agreeded to a certain price and he will keep 10 percent of the sale. Well I went in a few weeks ago and he told me that they were sold a week ago but are on layaway with the buyer and he hasen't got full payment for them yet. He usally gives them 30 days to pay but since its a friend of his he would give them 60 days to pay up. Well my question is can he do this, sell them on layaway? I was never told about this.
I thought consignment ment I leave the guns to him to sell and he tries to sell them and at anytime I can come in and get them. Well now I want the guns back went in today and hes telling me he can't renig on the buyer. Also told me he could buy me out Friday, but I just want the guns....I was pretty upset and just left, is there anything I can do or am I screwed? 
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Seems to me that if he wants to give his buddy special consideration, he should step up and pay you for your gun. I mean, after all, it's his buddy. THe buddy is good for the money, right?
I don't know why he needs to wait until Friday. I'm not sure I would go to war over a week, though. |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment. 
No contract, give me my money or my guns. How much consignment do you do? |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? All I got is a receipt with the guns serial #'s and how much we agreed in price. Doesn't say anything else on it about time frame to sell. |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? I practice law. People calling things "theft" that are not gets old in this forum. |
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"theft" usually means larceny. The elements of larceny have been well established for half a millennium or so:
1) Take and carry away, 2) The personal property of another, 3) With the intent to deprive permanently. Under the facts here there is no larceny because the first element is not met. The OP relinquished the guns to the dealer willingly. They have a contract. Some of the terms are ambiguous and a dispute has arisen. That's why we have a large body of contract law and civil courts to adjudicate disputes. Based on the facts submitted, there has been no crime. |
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Did you sign a consignment agreement? Most have a time period that you have to give the dealer if you want the guns back. If there's no written agreement, you need to find a new FFL.
Also, you do realize that you'll have to fill out a 4473 to get those guns back, right? |
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Did you sign a consignment agreement? Most have a time period that you have to give the dealer if you want the guns back. If there's no written agreement, you need to find a new FFL. Also, you do realize that you'll have to fill out a 4473 to get those guns back, right? This was my first time ever selling something on consignment. I only signed a receipt saying I agree to the value of the two guns and that he takes a 10% fee. He never said anything about a time period to sell them. I'm ok with filling out a 4473 form. |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? I practice law. People calling things "theft" that are not gets old in this forum. The FFL need to produce the money or the guns. He can't sell the guns and keep OP's money and I doubt he sold them to a "buddy". |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? I practice law. People calling things "theft" that are not gets old in this forum. The FFL need to produce the money or the guns. He can't sell the guns and keep OP's money and I doubt he sold them to a "buddy". Thats what I though too, why I'm questioning this whole thing. I'm wondering if hes just trying to buy more time to sell them or what hes doing? Either way I'm upset and not sure what I should do. Everytime I go in there hes got something different to tell me.
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? I practice law. People calling things "theft" that are not gets old in this forum. The FFL need to produce the money or the guns. He can't sell the guns and keep OP's money and I doubt he sold them to a "buddy". Thats what I though too, why I'm questioning this whole thing. I'm wondering if hes just trying to buy more time to sell them or what hes doing? Either way I'm upset and not sure what I should do. Everytime I go in there hes got something different to tell me.
Are you sure he still has them in his possession? |
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FWIW, I've sold a few guns on consignment at my shop. It's never come up, but I would let the customer take back his guns any time he wanted (assuming the FBI cleared him on the NICS check). I can see some dealers requiring that the consigned guns stay for sale a certain period of time in order to prevent the consignee from finding a buyer on his own and cutting out the dealer, but I don't do that.
As for payment, I usually wait a few days before informing the customer that his gun sold just in case there's a problem and the customer needs to return a defective gun . . but we're talking no more than a couple of days. I would not do a layaway or a trade-in on a consignment gun unless I was willing to convert the consignment (or the trade-in) to a "buy" and go ahead and pay the consignment customer out of my own pocket. |
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Dealer should have contacted you asking if his non typical layaway was OK with you. Since he didn't, I'd be a bit suspicious of any other irregularities. He shouldn't be giving his "friends" special deals at the expense of the firearm owner.
I'd likely demand the firearms back, if he can't produce them then it's possible his "friend" already has them in his name and has promised to pay him in a month or two. |
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Tell him to pay you RFN or give you your property back. Anything else I would consider theft. Fail. This is not a theft. The gun shop was given the guns to sell on consignment.
No contract, give me my money or my guns. How much consignment do you do? I practice law. People calling things "theft" that are not gets old in this forum. The FFL need to produce the money or the guns. He can't sell the guns and keep OP's money and I doubt he sold them to a "buddy". Thats what I though too, why I'm questioning this whole thing. I'm wondering if hes just trying to buy more time to sell them or what hes doing? Either way I'm upset and not sure what I should do. Everytime I go in there hes got something different to tell me.
Are you sure he still has them in his possession? I'm not sure if he still does have them or not. |
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FWIW, I've sold a few guns on consignment at my shop. It's never come up, but I would let the customer take back his guns any time he wanted (assuming the FBI cleared him on the NICS check). I can see some dealers requiring that the consigned guns stay for sale a certain period of time in order to prevent the consignee from finding a buyer on his own and cutting out the dealer, but I don't do that. As for payment, I usually wait a few days before informing the customer that his gun sold just in case there's a problem and the customer needs to return a defective gun . . but we're talking no more than a couple of days. I would not do a layaway or a trade-in on a consignment gun unless I was willing to convert the consignment (or the trade-in) to a "buy" and go ahead and pay the consignment customer out of my own pocket. Well thats nice of you to do. I bet all your customers are happy as you seem to be straight forward with how you do a consignment and don't beat around the bush. I feel like if been had in this deal, wish he would've been more clear and had an actual consignment contract for me to sign. I'm just now learning all this stuff. Thanks for all the replys fellow arfcomers 
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Dealer should have contacted you asking if his non typical layaway was OK with you. Since he didn't, I'd be a bit suspicious of any other irregularities. He shouldn't be giving his "friends" special deals at the expense of the firearm owner. I'd likely demand the firearms back, if he can't produce them then it's possible his "friend" already has them in his name and has promised to pay him in a month or two. That's my thinking exactly, going to my police station in the morning and see if anything can be done about it. He did say he could buy me out on Friday. I don't want to though, just want the guns back and to be done with all this. I sure hope hes still got them or i'll have to take the money and chalk this up as a sour experience. |
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Our agreement has a heads-up period to get your gun back, mainly because if it's sitting out on an auction site with bids on it, our account will be at risk if we end the auction. That doesn't sound like what's happening in the OP's case, though. I can totally understand that. My dealer told me he can't renig on the buyer because hes in a contract with them. But its a layaway thing so I have no idea how long this will take. Just wish he would've called me and asked if it was ok to do that. I can't wait for this matter to be over with. |
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Dealer should have contacted you asking if his non typical layaway was OK with you. Since he didn't, I'd be a bit suspicious of any other irregularities. He shouldn't be giving his "friends" special deals at the expense of the firearm owner. I'd likely demand the firearms back, if he can't produce them then it's possible his "friend" already has them in his name and has promised to pay him in a month or two. That's my thinking exactly, going to my police station in the morning and see if anything can be done about it. He did say he could buy me out on Friday. I don't want to though, just want the guns back and to be done with all this. I sure hope hes still got them or i'll have to take the money and chalk this up as a sour experience. If he can pay you off on Friday, [no excuses] then I don't see an issue. However, it's either cash or the guns, period. If you get the guns back, you may be on the hook for a fee depending on how he works. That'll be between the two of you. However, he should be in possession of the firearms still, layaway means just that, they are held until the purchaser pays in full. |
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Dealer should have contacted you asking if his non typical layaway was OK with you. Since he didn't, I'd be a bit suspicious of any other irregularities. He shouldn't be giving his "friends" special deals at the expense of the firearm owner. I'd likely demand the firearms back, if he can't produce them then it's possible his "friend" already has them in his name and has promised to pay him in a month or two. That's my thinking exactly, going to my police station in the morning and see if anything can be done about it. He did say he could buy me out on Friday. I don't want to though, just want the guns back and to be done with all this. I sure hope hes still got them or i'll have to take the money and chalk this up as a sour experience. If he can pay you off on Friday, [no excuses] then I don't see an issue. However, it's either cash or the guns, period. If you get the guns back, you may be on the hook for a fee depending on how he works. That'll be between the two of you. However, he should be in possession of the firearms still, layaway means just that, they are held until the purchaser pays in full. Well I never agreed to layaway, he should've asked me if this was ok. He told me the only way I could get them back is if the buyer couldn't come up with the payment in time or he would buy me out. |
| Your guns have been bailed. This is a bailment for mutual benefit. He has to exercise ordinary care with your gun, but you have NO case for theft. Potentially some civil breach of contract, but we would need to see the contract to determine that. I just love all the Internet tough guys. |
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Thanks for the replys, guess I'll have to wait until friday for him to buy me out. I really didn't want to have to go this route would rather have the guns back. Oh well guess I screwed the pooch  Do you really want to sell the guns? If so, it looks like that's exactly what's happening on Friday. Does it really matter who buys them as long as the sale's legal? |
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Your guns have been bailed. This is a bailment for mutual benefit. He has to exercise ordinary care with your gun, but you have NO case for theft. Potentially some civil breach of contract, but we would need to see the contract to determine that. I just love all the Internet tough guys. I'm not claiming theft. There is no contract just a receipt of how much the guns are valued at and how much % he gets. |
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Then I don't see how you get to claim the firearm back, since there is no deadline for him to sell it and he has the right to sell it. So even though he hasen't technically sold them to anyone yet (supposedly on layaway) I can't get them back because no time limit was set? |
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He's got a contract to sell them. That's what "layaway" is. There on consignment not layaway  He's talking about the contract between the FFL and the person purchasing your gun, not the consignment agreement (what there is of it) between the FFL and you. |
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He's got a contract to sell them. That's what "layaway" is. There on consignment not layaway He's talking about the contract between the FFL and the person purchasing your gun, not the consignment agreement (what there is of it) between the FFL and you. Thanks Bubbles. |
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Just got off the phone with the police. I can take this to small claims court, all I can do at this point. Thanks for all the help guys.  I doubt that will be faster than waiting until Friday. Oh I know, I'm going there Friday and if he doesn't have the money like he said he would then I'll be getting an attorney. |
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Just got off the phone with the police. I can take this to small claims court, all I can do at this point. Thanks for all the help guys. I doubt that will be faster than waiting until Friday. Oh I know, I'm going there Friday and if he doesn't have the money like he said he would then I'll be getting an attorney. Not an economic solution either. |
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Just got off the phone with the police. I can take this to small claims court, all I can do at this point. Thanks for all the help guys. I doubt that will be faster than waiting until Friday. Oh I know, I'm going there Friday and if he doesn't have the money like he said he would then I'll be getting an attorney. Not an economic solution either. nope
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