Revoked Gunsmith FFL: Problem Getting Gun Back

[Glocktogo]

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?

Possibly. After all, the sheriff is an elected position. You could also try the local news station "problem solver" hotline. As for the lien and other stuff, well, it might not get your property back, but I'm an ornery sort. If a business stiffs me on something, I'll not return. If a business breaches a contract and unethically retains my property, particularly if it has sentimental value, I'm going to extract my pound of flesh so to speak, blood & all!

 

[Kiyot]

You can't report it as stolen, as you've said you turned it over to him to do work and he up and quit. That makes it a civil matter and you would have to sue him for it. The best the police will be able to do is a civil standby whereas they will basically standby to keep the peace while you ask for the gun back at his door, the intimidation factor might be enough to get it back. Just watch for him down the street or drive by on a regular basis. When he's home call 911, and ask for the civil standby and explain the situation and they'll meet you at your car then should go up to the house with ya. I wouldn't approach him before hand if you are going to go this route, and if you are armed make sure to let the officer know, but it may be best to leave it at home for this.

Good Luck!

 

[Fyrtwuck]

I had a similar problem with a former Class III dealer. He had a machine gun and a silencer that was to be transferred to me. I called BATFE myself and found out the transfers had been approved. I tried contacting this guy daily for two weeks with no results. I finally contacted the BATFE in Okc and they asked me who the dealer was. As soon as I said the name, the person on the phone shouted to one of her co-workers, "Hey, we got another one complaining about this guy". He lost his license and they confiscated all his guns that were waiting transfer. I got one Form-4 and BATFE Okc was able to contact BATFE Virginia and get me a certified copy of the other one.

I know of one person who filed a civil suit to get his in his possession from another dealer. He told me that the Judge awarded him the gun and issued a court order ordering him to take possession of his property, but was not too happy about it when she found out it was a machine gun.

For me personally, I would stay nearby and as soon as I saw him there, I would peacefully confront him and tell him that I wanted my gun back.

You also mentioned that he is an authorized Winchester repair service gunsmith. Contact them as well and tell them what he is doing.

 

[FAL guy]

It looks like he is Mustang city limits. Maybe Mustang PD could get there quicker than Canadian Co. SO to standby while you ask for your property back. Do you have any cop friends that could go with you in uniform?

What if you set up a fake repair drop off? Would he respond then?

 

[Sam Shoun]

If the thing with LE doesn't work out, I tend to like to the power of certified mail. I'd send a certified letter demanding he return your property undamaged within 30 days. Then during that 30 days I'd attempt to contact him daily, alternating between phone, fax, email, and whatever else available, keeping detailed records of all contact. He'll notice the way you're building a case against him. I bet you'll have it within a week.

 

[UnSafe]

Whatever you do, remember that confronting a gun guy in his driveway about a gun has the potential to turn ugly. Diplomacy is everything. Stay safe.

 

[ItsOnlyMoney]

The local news crews love to do the "in your corner" or "consumer watch" stories. Maybe you can embarrass him enough that he will give you the gun back.

 

[fustigate]

You can't report it as stolen, as you've said you turned it over to him to do work and he up and quit. That makes it a civil matter and you would have to sue him for it. The best the police will be able to do is a civil standby whereas they will basically standby to keep the peace while you ask for the gun back at his door, the intimidation factor might be enough to get it back. Just watch for him down the street or drive by on a regular basis. When he's home call 911, and ask for the civil standby and explain the situation and they'll meet you at your car then should go up to the house

Yeah, I figured just having a cop there would be enough. Civil standby. That's a good term to know. Thanks!

It looks like he is Mustang city limits. Maybe Mustang PD could get there quicker than Canadian Co. SO to standby while you ask for your property back. Do you have any cop friends that could go with you in uniform?

What if you set up a fake repair drop off? Would he respond then?

Turns out it's actually OKC PD jurisdiction, geographically, which is weird.

No, no cop friends in OK (might change after today...). I know an ex-Norman cop; I called him last night. He said the same things: it's a civil matter and I could go to his house. But that's about all he could offer. Certainly couldn't put the old blues back on and come out with me!

For me to set up a fake drop-off, he'd actually have to answer his phone :-)
Also, his Facebook page stated in August (months after my drop-off) that he isn't taking any new service work. I didn't see that until last week. He didn't bother to mention that when I called him the day after he posted it. That was the last time I spoke to him.

[...] I tend to like to the power of certified mail. [...] I bet you'll have it within a week.

I considered signed-certified (so I KNOW he got it). But go read those Webley forums. One guy won his court case (clearly), but still didn't get the payment. This guy doesn't even respond to court orders!

 

[fustigate]

[...] You also mentioned that he is an authorized Winchester repair service gunsmith. Contact them as well and tell them what he is doing.

Done! Lady in customer service said she'd let the people in charge of authorizations know. We'll see what comes of that; it's not my main concern right now, of course.

[...]Stay safe.

Wilco, but those are big words coming from "UnSafe" :-D

The local news crews love to do the "in your corner" or "consumer watch" stories. Maybe you can embarrass him enough that he will give you the gun back.

That has been suggested, but those always seem a little schmuck-y to me. Also, I have a relative who works at The Oklahoman, so I'm a bit biased against the local TV channels. ;-) But I might have to leverage them.

Thanks for all the advice, guys! Hopefully I get this wrapped up quickly and peacefully.

 

[reddog1]

just go kick his a$$