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Posted: 8/6/2013 6:50:31 PM EDT
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I bought a new suppressor back in February 2013 from an online suppressor retailer and could not be happier with the service they gave me. Their Form 3 cleared and the suppressor was shipped to a local Class III dealer in my area that will remain nameless. I even got to go take a peak at it at my dealer's office when I dropped off my form 4, my trust, etc for them to use to fill out the form 4. Unfortunately, that's where my good luck ran out.. At the time, the class III dealer was doing some business with a company that I am a passive owner in, so I thought I'd support him since the relationship was going well and he was supporting us. Well, the business relationship between the companies went sour and is not getting any better.
Here comes the problem. He still has not signed and returned my Form 4. I have been reminding him since March to send me the form so that I can have the privilege of sending in my check and starting the waiting process to get the ATF approval. I have no less than 6 or 8 emails or text messages saying.... the form is in the mail, will send it out tomorrow.... geez, not sure what happened and I'll check on the status of the form..... I have offered to come down to his office and personally pick it up, but he is never in the office when I can come down and frankly, I'm just getting the run around. I have been patient and have given him 4 months to get me the form, but as of now he is not even returning my calls or text messages. So what can I do? I have no doubt that he is holding this up as a FU to me since things are not going well between the companies. Does anyone know what my rights are in this? Can he just sit on it for the next year since its legally on his dealer books? How do I know that he is not using or abusing the suppressor, or that when it is finally transferred to me that it is going to be in its original new condition? I'm just fed up with this and would appreciate any ideas about the best way to go about getting him to either give me the form 4 or turn it over to another dealer so that I can work through them. Does anyone know if I have the right to force the transfer to another dealer? Mods, if this is in the wrong section, my apologies and feel free to more it to the legal section or anywhere else thats appropriate. |
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Sue him for theft by conversion. He cannot take an arbitrarily long time to sit on your property, take no action, and give you no options.
He does not own the suppressor, it is merely registered to him. He has never paid a dime for it, he is holding your property in trust while he performs a service, and if he will not provide that service, he is illegally converting your property to his. |
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Print the forms out, Bring the copies of everything you need to mail it off. Show up in his office and sit in his chair till he signs it. Once he signs it stop by the Post Office and mail it off...
I deal with a local Insurance agent so if there is any issue I dont like I can do the same thing. The squeaky wheel gets the grease... MAHA |
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Thanks for the thoughts. I am a lawyer, so from personal experience getting liars, I mean lawyers, involved is the last way I want to take this if there is any other way to go. Anything related to civil litigation can take a year or more, so thats the last option in my book and he knows what I do , hell I did NFA trusts for his employees pro bono as a favor.... so lawyers are not going to scare him into doing anything as he knows who/ what I am and also the position I am in very well. Someone mentioned to take the guy the form and sit and wait until he fills it out. Unfortunately, he is a "manufacturer" of firearms and has a class 3 license, but no retail store. So, if I drive to his bay at the warehouse where he officially conducts business, I doubt he will be there. Please don't judge my decision to send it there in the first place, as he was very reputable at the time. Now, maybe not so much if you ask other people. So physically confronting him or trying to meet him personally will not work, as I don't have the time to camp out at his place of business until he happens to get a shipment of items that he needs to sell.
Today I spoke with the state attorneys office (I happened to train some of them) and they wouldn't want to touch it until there is a local police report made for criminal purposes. I then spoke to a few local law enforcement officers that I know and because its out of their jurisdiction, they also didn't want to touch it, but they agreed there there may be some form of fraud, conversion or some other criminal act, but because I agreed to have it sent to him, the mere fact that he isn't doing things at my time table (remember its been 4 months) doesn't necessarily mean there is a criminal act. So we are back to possible civil action, which is the route I may have to go despite my fear of it just delaying things further. I am going to try the local ATF office tomorrow to see if they will make some calls but my guess is they will just see this is a pissing contest and not want to get involved..... argh. Lesson learned... Hope you guys learn from this mess and that it saves someone the frustration that I am feeling! |
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Quoted:
I dont know if this will work, but did you pay for it with a CC? If so why dont you call up the CC company, either explain to them the situation, or just flat out dispute it. Get your money back and go start the process over at another dealer. Disputing it is only going to hurt the original retailer he purchase it from. It's his class3 dealer in his state that is suppose to do the transfer that is sitting on it. On another note, maybe he can dispute it and then the original retailer will have to get on the transfering dealers ass about it, who knows... |
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