Revoked Gunsmith FFL: Problem Getting Gun Back

fustigate · Dec 14, 2011

I'm having trouble getting a gun back and I need advice.
(See my review of this guy here: http://www.okshooters.com/showthread.php?124365-Truitt-and-Son-Gunsmithing)

In June, I took my rifle to Orin Truitt (Truitt & Son, LLC) for some work. Despite being the only Winchester-authorized repair/service in Oklahoma, this guy is TERRIBLE about his customer service.
I can't get a hold of him to get my gun back! I have called, e-mailed, and even went to his house (he was conveniently at a gun show ...hopefully not selling mine!).

He no longer has an FFL, so he's not supposed to have anyone's firearm for over 24 hours if he's working on it for compensation. (But most of you all knew that.)

What happens to the guns someone has when his/her FFL is revoked/not renewed? (Not his personal firearms, of course.)

I called the ATF; they are "done with him." Their case is closed (including revoking/rescinding his FFL for issues similar to mine).
He lives in Mustang, but the address is in OKC PD jurisdiction; I called them and didn't get any help.
I called the Canadian County Sheriff's office and spoke to a lieutenant who told me what the previous two had: pretty much my only option is a civil case. This is despite someone on one of the following forums stating the sheriff's office went to his house with him (the forum poster) and got it back.

What do I do??

If I file a civil case, the most the court can do is order him to pay me what it's worth.
But I don't want money; I want my family heirloom back! A lawyer friend said I might be able to ask for "specific performance" and demand my property back since it is unique and can't be replaced (sentimental value and all), but all that will do is give me a court order he may or may not follow.

I'm considering going back out to his place and hoping he's home. But there's not much guarantee in that...

Thanks in advance to any helpful advice you all can offer!

People having problems with this guy:
http://www.surplusrifleforum.com/viewtopic.php?f=74&t=102038&sid=8769d8f16336ec53ff0923696e0fd258
http://forums.gunboards.com/showthread.php?180126-Webley-cylinder-repair

yukonjack · Dec 14, 2011

Yes, go sit outside his house until he comes home. Then if he calls the police hopefully they'll show up and get things resolved.

fustigate · Dec 14, 2011

I think that's going to be my best bet. I didn't want to do that because it's not very certain. I can't guarantee he'll answer the door or leave/come home while I'm there.
I called the OKC ATF field office and the ATF 800 # in DC and they told me pretty much the same thing. Even though I gave it to him (a transfer) while he had his FFL and now he doesn't, he doesn't really have to give it back. Which seems to fly in the face of the law.
If anything, he can hide behind "I'm still working on it."

Maybe I'll meet some of his neighbors.

Glocktogo · Dec 14, 2011

fustigate said:
I think that's going to be my best bet. I didn't want to do that because it's not very certain. I can't guarantee he'll answer the door or leave/come home while I'm there.
I called the OKC ATF field office and the ATF 800 # in DC and they told me pretty much the same thing. Even though I gave it to him (a transfer) while he had his FFL and now he doesn't, he doesn't really have to give it back. Which seems to fly in the face of the law.
If anything, he can hide behind "I'm still working on it."

Maybe I'll meet some of his neighbors.

File a lean on his business and send evidence of same to him. Tell him you'll remove the lean once you have your property back. If he refuses, report your firearm stolen, with him as the suspect. Have the serial number entered as stolen in NCIC.

ripnbst · Dec 14, 2011

Yeah I'd report it stolen and say you know who stole it. I mean, if I borrow something and don't give it back I did pretty much steal it.

Putting a lean on his business wouldn't do anything if he doesn't have his business anymore...

I am shocked the ATF/PD said they cant make him give it back to you.

TJay74 · Dec 14, 2011

You can put a lien on his home and or property with no major issues, then he has to pay the price of the lien in the form of a bond that is held by the courts until the case comes to trial. I would also second the motion to report it stolen, list him as the person who has it and that you have proof of him having it and request a supervisor with the agency come out and take the report and get the firearm back.

fustigate · Dec 14, 2011

Glocktogo said:
File a lean on his business and send evidence of same to him. Tell him you'll remove the lean once you have your property back. [...]

TJay74 said:
You can put a lien on his home and or property with no major issues [...]

A lien had been brought up before among my friends. But it wouldn't actually get my gun back. (Right?) All it would do it put pressure on him.

Similarly, the problem with filing a civil suit is they can order him to pay me the replacement worth, but he doesn't actually have to pay it! That is, he doesn't have to comply with the order! He can ignore it. No one is sitting around waiting to enforce such things. Also, I can demand "specific performance," where he has to produce the item since it can't be replace (due to family history, sentimentality, etc.). Again, no one marches from the courthouse to his house to see it through.

fustigate · Dec 14, 2011

ripnbst said:
[...] Putting a lean on his business wouldn't do anything if he doesn't have his business anymore... [...]

As far as I know, he still has his shop. I know he has the building; I assume he hasn't sold everything. His large, lighted safe is probably about the same price as my rifle :-) But his operation is an LLC, so I'm not sure how that plays into things. That is, I'm not sure I could but a lien on his house just his work-related property, perhaps. And I'm pretty sure I couldn't sue anyone else he's associated with (not that I'm considering it, but I'm saying...)

fustigate · Dec 14, 2011

Glocktogo said:
[...] If he refuses, report your firearm stolen, with him as the suspect. Have the serial number entered as stolen in NCIC.

ripnbst said:
Yeah I'd report it stolen and say you know who stole it. I mean, if I borrow something and don't give it back I did pretty much steal it.

Yes, ripnbst, that's how you and I see it, but that's apparently not how the law views it (I discovered to my horror today).
It's not really stolen, is the problem (as far as OKC PD, Canadian Co. Sheriff, and two ATF employees told me). So if I go an report it, they'll ask where it was stolen from. "Well, I took it to his shop and didn't get it back." Nope.
I handed it over to be worked on and signed the work ticket. That's a contract. So it's consigned to him. If he was pressed, he could bluff and say I asked him to work on it and he still is, so he's not in breach of the "contract."

fustigate · Dec 14, 2011

ripnbst said:
[...] I am shocked the ATF/PD said they cant make him give it back to you.

RIGHT?!? The sheriff's office actually told me, "I can't make him give you your property back." Wait... but, it's my property and you now know that he has it...
A friend described this best: asinine.
What's strange is one of the other forums I already referenced with the Webleys, one of the posters said someone from the sheriff's office indeed went out with him and got his pistol back.
Maybe if I went in person to El Reno I'd have better results?

Revoked Gunsmith FFL: Problem Getting Gun Back

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