Getting back a gun.

Status
Not open for further replies.
J

JustSomeGuy123

Member
Joined
Feb 20, 2016
Messages
10
Long time lurker, registered to ask a legal question.

I shipped a gun out of state to a friend of a friend as a loaner. We followed the proper transfer and the receiver filled out the 4473, registered the handgun (they do have registration there).

The agreement was that after he was finished, he'd either return it to me, again via FFL as we're in different states, or he'd purchase the gun.

So far, neither has happened, and he's not returning emails or phone calls. I know I'm probably an idiot for even going through with the deal, I did so against my better judgement.

What are my options on either getting paid or getting the gun back? ATF, local police, state police?

Or am I just stupid and need to chock it up to an expensive lesson learned?



Thanks.
 
What's that old saying...."neither a borrower nor a lender be....."?

Good luck to ya, I hope it turns out well. That feller needs a slappin'.
 
It's not worth perusing unless the gun is worth a lot of money. You would need to either hire an attorney familiar with firearm laws, or attempt a small claims lawsuit yourself, which would probably mean filing in person in the state of the occurrence.
I would chalk it up to a bad decision. I had a similar thing in NY with a non firearm, and there comes a point that you let it go , or it eats away at you.
You could call the clerk of the court in the state this occurred in, "find the county etc". and see if you could file in abstensia.
I won a case against a nursing home without ever having to leave my home, but I had an advocate for seniors, who did the leg work for free. It was a totally different situation, but there are ways.
 
It's worth maybe $400.
I was pretty much figuring since it was a legal transfer, done voluntarily on my part, there's not much I can do, other than maybe pursue it as fraud. Reporting it as stolen probably wouldn't work either, since there's a 4473 transfer, logged in the receiving FFL bound book, etc.
 
Like doing a favor for a stranger and it biting you in the butt. I feel for your loss. Is there any paperwork saying it was for "loan" and that he'd either have to buy it or return it given a specified amount of time? If so, I'd go at him on principle. But your money, your decision. Sometimes some people just need a good "Dinozzo pop".
 
when you transferred it to him, he became the legal owner of the gun. unless you have paperwork with his signature on it stating it would be returned to you at a later date or that you would be compensated, you have no evidence and thus no case.
 
No, nothing contracted. More of a gentleman's agreement, but apparently only one gentleman in the mix.
 
Teapot, that's unfortunately what I figured.

Thanks for the quick replies, even if they don't bring me good news.
 
I'd report it to the police. Since it's a stolen gun, they might pursue it & that might lead to you getting it back.
 
I shipped a gun out of state to a friend of a friend as a loaner.
Click to expand...

Where does the friend stand in all this? Do they acknowledge the deal and that it was a loan or to be paid for?
 
Shaq said:
I'd report it to the police. Since it's a stolen gun, they might pursue it & that might lead to you getting it back.
Click to expand...
May want to reread the posts. It was a legal transfer. By law, the man the loaned the gun to is now the lawful owner.
 
Gas is cheap, I'd take a drive to his house. Forget the phone calls, a face to face is in order:mad:.
It's the point being "it's your gun".
 
If there was a promise of future payment and none was made that sounds like a possible theft by deception not withstanding the transfer.
 
Guys, I'm with ya'll when I read all these posts with everyone with the same conclusion...this boy needs taken behind the woodshed. However, it was a LEGAL transfer. Unless the load was written out, signed, and witnessed, I'm afraid he's SOL. I feel for him. And if he meets him in person and gets the gun back, how long do you think it'd take that guy to call the cops and report it as a stolen firearm? Again, he has legal ownership of it.

If he's not above returning it, he's no above turning you over to autorities for the proverbial "last laugh".
 
Do yourself a favor and go replace the gun. Spend the money and forget about the one you sent away. Will save you a giant headache.
 
I'd send him a certified letter stating that if he did not return the gun or a payment, it would be reported stolen, and charges would be filed against him. I'd also stated I'd like to resolve the situation without doing any of that and leave my contact information.

Then I'd hope hope he contacted me, and if he didn't I'd go buy a new gun.
 
By a long shot, are you sure he picked the gun up from the dealer? Does not mean anything but I would call the FFL on the other end.
If he did, I would see if that dealer had the contact information on the 4473 he filled out.
 
No, nothing contracted. More of a gentleman's agreement, but apparently only one gentleman in the mix.
Click to expand...
And oral agreements aren't worth the paper they're printed on . . .

IANAL but it seems to me that you transferred the gun lawfully, legally, and willingly. Unless you have some written proof that the transfer was understood by all parties to be temporary, any action you take now could be painted as "seller's remorse" and YOU can be made out to be the bad guy. And reporting it stolen could be considered filing a false police report.

The gun was worth $400? Think of it as tuition in the school of hard knocks.
 
HankB said:
And oral agreements aren't worth the paper they're printed on . . .

IANAL but it seems to me that you transferred the gun lawfully, legally, and willingly. Unless you have some written proof that the transfer was understood by all parties to be temporary, any action you take now could be painted as "seller's remorse" and YOU can be made out to be the bad guy. And reporting it stolen could be considered filing a false police report.

The gun was worth $400? Think of it as tuition in the school of hard knocks.
Click to expand...
The "report it stolen" idea was a scare tactic never to be followed through with.
 
The "middle man" who brokered the deal is no longer in contact with the recipient, either. He feels terrible about what it's come to, even offered to help recover it, or compensate me.

I did contact the FFL, the gun was transferred, and I verified the contact info. I've called him and left voicemail but they aren't getting returned. I've yet to speak with him in person.

The certified mail, official looking letter is an idea and I may end up doing that, but that may be my last effort at recovery if, by law, the gun is legally now his.

I'm going to contact a lawyer on Monday morning and ask, just to make absolutely sure there is no legal recourse for recovery, then let it go, lesson learned "tuition in the school of hard knocks".
 
"Friend of a friend", huh?

When the transfer happened IAW federal law (i.e. Form 4473 through an FFL), the guy became the legal owner.

I'm thinking you don't have a legal leg to stand on.

The only thing I could recommend is maybe talking to the first "friend" in the "friend of a friend" relationship and see if, knowing the origional deal, the guy could put a word in for you with this person.

If not...consider it one of those life's lessons and move on.
 
I'm not in any way qualified to answer your question.

But as a layman, it seems to me you don't have a leg to stand on legally without a written agreement.

And seeing a lawyer Monday will just be throwing good money after bad.

If the guy you 'didn't know' you 'loaned ' a gun too just kept your 'loaned' gun??

Bad on you in the first place.

But, Thank your lucky stars there was a FFL transfer done, so the gun no longer belongs to you if he uses it in a crime!!!

I'd have to call that a winner, despite your monetary loss!

rc
 
Status
Not open for further replies.

Similar threads

M
  • Locked
Need help with pistol problem in NC
Replies
2
Views
311
VARifleman
V
B
  • Locked
Struggling To Get Police Dept To Return My Glock
2 3
Replies
60
Views
5K
Art Eatman
A
Speedo66
  • Locked
"I dropped my gun off for repairs, that's when the trouble started........."
Replies
8
Views
1K
Speedo66
Speedo66
S
  • Locked
NYS Person to Person Long Gun Sale
Replies
4
Views
404
archigos
A
Cavalier Knight
  • Locked
Owner gets back guns taken by police
Replies
5
Views
788
Henry Bowman
H
Back
Top