User Panel
Posted: 5/14/2019 11:41:48 AM EDT
I purchased a rifle from gunbroker that a PD "accidentally" sold. I guess the PD realized they screwed up and sold it through a broker and need to get it back. ATF contacts my FFL and they contact me.
I am told it was a tax seizure case. I have the court order showing the "Order of Forfeiture" from the original owner. They want me to sign an abandonment form and an agreement to hold harmless. They are treating this as an abandonment to the United States Government. They said they will send an agent with a check on the amount paid. I told them I want to be reimbursed at market value since it's worth more than I paid. Their response is they are making me whole on the amount paid. What are my options? I don't care enough about it to put up a fight but do want to be treated fairly and compensated fairly. |
|
Quoted:
I purchased a rifle from gunbroker that a PD "accidentally" sold. I guess the PD realized they screwed up and sold it through a broker and need to get it back. ATF contacts my FFL and they contact me. I am told it was a tax seizure case. I have the court order showing the "Order of Forfeiture" from the original owner. They want me to sign an abandonment form and an agreement to hold harmless. They are treating this as an abandonment to the United States Government. They said they will send an agent with a check on the amount paid. I told them I want to be reimbursed at market value since it's worth more than I paid. Their response is they are making me whole on the amount paid. What are my options? I don't care enough about it to put up a fight but do want to be treated fairly and compensated fairly. View Quote |
|
Count yourelf lucky you're getting a dime. Usually it's just "bend over and smile".
|
|
|
|
|
Quoted:
I've talked to an attorney, just don't care enough about it to put up a fight over it. I do want a fair settlement though that's achievable. View Quote View All Quotes View All Quotes |
|
Break even and get the man back out of your life? Take the money and run.
|
|
Help me make sure I understand: You bought a rifle off of GunBroker from a Police Department that now tells you they made a mistake and would appreciate your help in making it right, and you want to make sure you profit as much as possible off the mistake. Is that correct?
|
|
Quoted: I've talked to an attorney, just don't care enough about it to put up a fight over it. I do want a fair settlement though that's achievable. View Quote |
|
|
When did you buy it? Wouldn't the amount you paid be market price?
|
|
|
Take their offer or pepper your anus
They are being nice and could make it miserable for you |
|
Quoted:
Help me make sure I understand: You bought a rifle off of GunBroker from a Police Department that now tells you they made a mistake and would appreciate your help in making it right, and you want to make sure you profit as much as possible off the mistake. Is that correct? View Quote |
|
Quoted:
Help me make sure I understand: You bought a rifle off of GunBroker from a Police Department that now tells you they made a mistake and would appreciate your help in making it right, and you want to make sure you profit as much as possible off the mistake. Is that correct? View Quote ETA: OP, what is the legal status of the rifle? Did they violate department policy in selling it to you? Why do they need it back so bad? |
|
Quoted:
When did you buy it? Wouldn't the amount you paid be market price? View Quote |
|
So it has greatly appreciated in value over the past year? In that case I'd get a lawyer started on it ASAP. It will probably cost you a couple thousand for this time/services, but it'd be well worth it.
|
|
|
Quoted:
So it has greatly appreciated in value over the past year? In that case I'd get a lawyer started on it ASAP. It will probably cost you a couple thousand for this time/services, but it'd be well worth it. View Quote |
|
|
Quoted:
I've been playing nice. I want to know if I'm being screwed. They have rules they have to play by as well. I don't have any dogs so I'm good there. View Quote View All Quotes View All Quotes |
|
Quoted: If you want to fight the seizure, that’s one thing, but as a matter of law you’re just going to get back what you paid. You have a right to be made whole, but not to gain. View Quote If I buy gold at $850, now worth $1300 and they give me $850, I can't replace it for less than $1300. So I have not been made whole. |
|
Quoted: And there it is. Remember, they have unlimited taxpayer provided time and money to fuck with you if they so choose. Do you? View Quote Also to comment on the way they are retrieving this firearm with an abandonment form and an agreement to hold harmless. It's almost like they want me to just give it up and not hold them harmless but they don't have an order for forfeiture or seizure. |
|
IMHO. Not worth the fight.
Breaking even is better. Bobby Fuller Four - I Fought The Law(1966) The Clash - I Fought the Law (Official Video) |
|
Quoted: Yep that is the likely course of action. Was wondering if there were any actual attorneys that have dealt with this. Or someone that can confirm that the ATF is only allowed to reimburse what you paid in a surrender. Also to comment on the way they are retrieving this firearm with an abandonment form and an agreement to hold harmless. It's almost like they want me to just give it up and not hold them harmless but they don't have an order for forfeiture or seizure. View Quote |
|
|
View Quote i appreciate the advice everyone. being GD, i expected more of the lost it in a boating accident or come and take it replies. any lawyers want to chime in? |
|
|
|
|
Quoted:
How about unlimited visits from the angry man. View Quote View All Quotes View All Quotes Quoted:
Quoted: And there it is. Remember, they have unlimited taxpayer provided time and money to fuck with you if they so choose. Do you? If you mean the OP, sounds like a great way to get deemed "a risk to himself and others" and have all of his shit removed, for the children. |
|
Quoted: do you buy guns to lose money when someone makes a mistake and wants them back? if they lose money, that's fine. if they appreciate that's fine too. they are tools and collectibles to me. View Quote "Someone" did not make a mistake. The government did. And there is no way out of that. You got a deal. You can fight. You may be right. But they are just too strong. Be happy you are getting your money back. My advice. Worth what you paid for it. But you talk about making profits on guns and you suddenly look like an unlicensed dealer. And ATF loves to fuck people on general principle pour encourager les autres |
|
After working with the government for the past 20 years, I would simply tell them you are not sure where it is. They are welcome to look but otherwise you will give them a call if it shows up.
|
|
Quoted:
After working with the government for the past 20 years, I would simply tell them you are not sure where it is. They are welcome to look but otherwise you will give them a call if it shows up. View Quote Lets see how it pays off for him. |
|
Quoted:
not my idea of fun. trying to take the path of least resistance w/o being screwed. kinda feel like i'm being asked to just take this check and sign a waiver. these are not the droids you are looking for. View Quote View All Quotes View All Quotes Quoted:
Quoted: How about unlimited visits from the angry man. You are being asked to sign away without a lot of paperwork because it is easier for all involved Their plan B I assure you will not be as friendly. I would ask for a letter saying you did nothing wrong or illegal - then take the check and be happy. |
|
Quoted: Dude. I'm trying to help you out. "Someone" did not make a mistake. The government did. And there is no way out of that. You got a deal. You can fight. You may be right. But they are just too strong. Be happy you are getting your money back. My advice. Worth what you paid for it. But you talk about making profits on guns and you suddenly look like an unlicensed dealer. And ATF loves to fuck people on general principle pour encourager les autres View Quote |
|
Quoted: They are going to get their gun back. Option A was to ask you nicely You are being asked to sign away without a lot of paperwork because it is easier for all involved Their plan B I assure you will not be as friendly. I would ask for a letter saying you did nothing wrong or illegal - then take the check and be happy. View Quote |
|
Quoted: Thanks, that's what I figured. The you may be right but don't have the resources to prove it is the most likely scenario. No one talked about profits. Profits occur when you sell, I had no intention of selling. They are forcing a sale at a value they determined. Question was if there is a way to challenge that value. View Quote |
|
|
|
Too bad you had already started to swap out parts on that rifle.
|
|
Quoted:
Not how this works...If I make a "mistake", and sell gold at a market low, I don't get to take it back at a market high at the original price. Not to mention the cost of OP's time and the opportunity cost of having his money tied up in the rifle. They fucked up, it's on them to make it right. ETA: OP, what is the legal status of the rifle? Did they violate department policy in selling it to you? Why do they need it back so bad? View Quote |
|
Don't fight with the federal .gov. You will never, ever win. Especially not in the long run.
Be thankful you're getting your money back. Sell it back, be polite, and stfu. |
|
|
|
Quoted:
Help me make sure I understand: You bought a rifle off of GunBroker from a Police Department that now tells you they made a mistake and would appreciate your help in making it right, and you want to make sure you profit as much as possible off the mistake. Is that correct? View Quote Sylvan is right. I'd take the check and thank them profusely before they come take the rifle and shoot your dog. |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.