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12/18/2006 11:56:48 PM EDT
I have kind of an interesting situation that has evolved over a period of approximately 5 years.  Let me first start by saying that I have been into guns since I was old enough to shoot one.  I did alot of research about different aspects of gun ownership, and the rising costs of NFA transferable mg's.  I gave my dad $1000 to buy an m11/9, so that we could at least get our "foot in the door" on a market that was going to be prohibitively expensive by the time I was legally able to enter.  In giving my dad the money to purchase the gun, I knew that I could not take it out and shoot it whenever I pleased, or even have access to it for that matter, even though I did "pay" for it.  My plan was that once I turned 21, I could then have it legally transferred into my possession.  So I told my dad of a class3 dealer in my area, and they made all the arrangements for the weapon that my dad purchased to be sent to him.
The class 3 dealer that I am going through was my art teacher in high school.
Timeline of events
Aug. 2001- 16 yrs. old, jr. in high school, finally persuaded my dad to get into NFA stuff while MG's weren't totally out of reach.  My dad purchased an M11/9 from a dealer in New York State for $1000.
Sept. 2001-My Class3 dealer receives the gun, informs my dad that it is here.
2002- Submit paperwork for M11/9 and dealer loses papers and $200 check.
2002-dealer gets cold feet about deal since he thinks that the gun is for me.
2002-CLEO that will sign paperwork loses reelection bid, and is replaced by one who will not.
2004-Receive form4's again from dealer, talk to CLEO and persuade him to sign paperwork.
Jan. 2005-  My dad still had not got the CLEO signoff and and fingerprints, so we decided that since I did pay for the gun, to just wait another year until I am 21 so I can fill out the paperwork.
Feb. 10 2006-  Approx. 2 wks. before my birthday, I contact dealer and ask him to send paperwork, so I can get everything ready to submit on Feb.26,2006, my 21st birthday.
Feb.10 2006-Now ---Haven't heard or received anything from the dealer.  Tried numerous times to contact him without success.

I am really not sure how to proceed.  He has a gun which has been paid for by me for over 5 years.  Like I stated previously, I tried to contact him to see if he still wanted to proceed with the transfer, or if he would ship the gun to another dealer so they would transfer.  I really don't know what to do.  He has offered to refund my money, but I don't want $1000 back since the market value of an M11/9 is considerably more than that now.  Honestly now, I am wanting to use my Christmas money to set up a trust that I can use to get the gun, and my future NFA purchases.  Sorry for the length of this post.
BTW: In 2002 the dealer let my dad and me see the firearm, but that is the last time I have seen it.

12/19/2006 12:58:36 AM EDT
[#1]
I hope you have receipts showing that it is yours.  You owe the dealer money for storage.

There are legal limits on how long someone is responsible for holding onto property before it is thier legal right to retain or sell said property to cover storage fees.

Good luck.  A $100 letter from your lawyer might be the best plan now.
12/19/2006 5:23:57 AM EDT
[#2]

Quoted:

Feb. 10 2006-  Approx. 2 wks. before my birthday, I contact dealer and ask him to send paperwork, so I can get everything ready to submit on Feb.26,2006, my 21st birthday.
Feb.10 2006-Now ---Haven't heard or received anything from the dealer.  Tried numerous times to contact him without success.

I really don't know what to do.  He has offered to refund my money, but I don't want $1000 back since the market value of an M11/9 is considerably more than that now.  Honestly now, I am wanting to use my Christmas money to set up a trust that I can use to get the gun, and my future NFA purchases.

First of all, if you can't contact the dealer for nearly this whole year, you need to get that fixed. Contact the BATF to find out his address, or contact info. If he moved or gave up his dealer's license, you should have his info.

Once you contact him, have him transfer it to another dealer in the area. Pay him his transfer fee, and maybe a "little more" for storing your gun for so long.

Don't let him "give you your money back". The m11/9 is worth at least 3-4 times what you paid originally.

Get a trust made up for you for the transfer. Get a copy of quicken will maker. It's what most people are doing to set up their trusts for NFA items. I've used it for 5 items (all different types) so far.  
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