Recent content by mbcris

Destroying and keeping possession of the firearm is just part of the issue. He told the buyer I needed to get a letter from my local FFL with a CFLC Firearms Shipment Approval Number and an affidavit of shipment. My local FFL didn't ship the firearm. I did. I would classify this as an...

He was very quick-to-anger when challenged on the law. He destroyed this firearm out of spite. You would think if he was assured what he did was justified, he would be cooperative in providing the law and those contacts at the DOJ and ATF with whom he allegedly spoke. Instead this was a...

From the FFL: "You have no worries. I followed the law correctly. I had two choices, destroy or turn over to law enforcement for destruction. I didn't want to disclose your name and the serial number. So I destroyed it. I cited the business and profession code explaining second hand dealers...

Thanks for all the input...

I agree...I can't imagine destruction of the firearm was the only remedy. But keep in mind, I have no idea what he told the DOJ. I just can fathom how not being licensed as a "second hand dealer" gives him the authority to destroy the firearm the after taking possession.

In a normal transaction, the buyer prepays for the firearm before it's shipped to the FFL. In this case, he's a close friend and I don't care when I get paid. Because he hasn't paid me yet, it would be hard for him to have standing if this end up going to court...which is where it's headed...

"You have no worries. I followed the law correctly. I had two choices, destroy or turn over to law enforcement for destruction. I didn't want to disclose your name and the serial number. So I destroyed it. I cited the business and profession code explaining second hand dealers, you elected not...

"Because of your threats of a law suit, nothing will be returned, On advise of counsel, if you both sign notarized affidavits releasing me of all liability. I will release the metal." My response... Unfortunately, you may have assumed the financial responsibility unless we can more fully...

I believe this may be the crux of the matter... I gather from what you're implying is you are not a state licensed "second hand dealer" and that in the state of California, only a "second hand dealer" can accept firearms from nonlicensees? What section/paragraph of law restricts FFL's that are...

Here's the FFL's response to an e-mail I sent yesterday... "Your information dealing with the gun control act of 1968 and California State law is lacking. The firearm was shipped lacking proper information per federal law. You also fail to understand that the only CA lisc, second hand dealers...

Tom, would you be comfortable if an FFL just kept your gun? No explanation. No compensation. How is that not the definition of stealing? I appreciate your input.

He's refusing to return the firearm or its pieces (as the case may be) to me or my local FFL. An FFL can't just claim ownership of a gun.

I agree. My concern is that this FFL has a gun registered in my name. If I can't get him to send me the pieces or an affidavit of destruction, I'm inclined to report it as stolen so that I'm off the hook. I can't imagine it's a good idea for an FFL to be in possession of stolen weapon.

I shipped this via UPS through my account so I have a copy of the label and all the tracking info. This FFL is the most arrogant prick I've ever encountered. There's no negotiating or proposing a rational solution. He was under no obligation to perform the transfer. The simple solution would...

This wasn't a random choice of FFL's. My friend was a student in his handgun safety course (required for a CCW). This FFL was well aware this lower was on its way.