Gunsmith "destroyed" my gun

[mgkdrgn]

Id ask for it to be repaired back to origional condition, or reimbursement for the cost of the pistol. If the smith is not willing to make it right then go to the BBB.

... which will be an enormous waste of time ...

 

[Beaux Nehr]

The reason for my patience was the gun belonged to my father. As a boy I used to sneak in his room and open the drawer in which he kept it. It was in parts then too. I used to screw the barrel in, put the grips and trigger guard on and play with it for awhile before taking it apart and putting all the pieces back.

When my father passed, I got the gun and have always wanted to fire it. So I waited nearly 40 years since I first laid hands on the gun till it went to the smith. In light of that, a few years at the smith wasn't long.

BTW, the smith knew that story as well. I had way more sentimental value in the gun than what it was worth monetarily but that's true of a lot of firearms.

A few years isn't very much legally speaking, either.

This isn't legal advice, because I'm not a lawyer; you should be a lot less friendly, and a lot less patient, soon.

 

[jonnyc]

If a C&R gun, you should have logged it out to him, even if temporarily, and he would have to log it in. Ask to see his disposition entry on the gun. I bet he sold it or used the parts for another project. He owes you big time.

 

[Deanimator]

It wasn't "destroyed", it was accidentally sold or "lost" somehow. Either way the BATFE won't be happy about it.

Tell him he's got a choice, reasonably replace the gun to your satisfaction or explain things to the BATFE. People have lost FFLs for less and you should make that crystal clear to him.

This happened years ago to a friend, but his was a nice Swedish M38 Mauser. As soon as the letters "BATF" left my friend's mouth, the smith was hell bent on keeping the Feds out of the matter. He replaced the gun with a nicer M38. Too bad that one never shot as well as the one he "lost".

 

[TX expat]

Even with only limited sentimental value, it's still unacceptable that it would be "destroyed" unless he could prove a significant and lengthy record of attempted contacts to the owner; and it sounds like this would be impossible in this case...

Please keep us posted on your next contact with him.

 

[Hickory]

I took a gun to a smith and checked in every month for 9 months. He said he was really backed up and said he would get to it. He didn't want to return it and I didn't want to make a scene and demand it.
He finally looked at it and said it really wasn't fixable. Told me to take it to a gun show and swap it off. I took it a friend whose fools with guns, we took it apart decided it needed a new hammer, got one put it in and it works great.
Wish their was a good smith in S. W. IN.
Hickory

 

[stanger04]

For a gun to be destroyed it has to be witnessed and photos have to be taken, then photos go in the redbook that contains the gun.

I've never known a gunsmith to throw any parts away, free parts = profit. I have so many gun parts in our store that I probably don't have to order a lot of what I do but, beats digging in parts bins.

 

[NC-Mike]

I spoke with the owner today, he's a pretty good guy and he said he'd look into it and find out what happened. He already said he speak to someone who may have it or we'll find you another one.

The main reason I posted was I didn't know the procedure for legal destruction of a firearm and there is nothing printed on my claim ticket that warns of any potential loss of the firearm, such as goods must be claimed by such and such a date.

In any event, it will be made right.

 

[jimmyraythomason]

For a gun to be destroyed it has to be witnessed and photos have to be taken, then photos go in the redbook that contains the gun.

Who's criteria is this?

 

[Willo]

all that paperwork over hunks of milled metal

 

[AaronE]

I know that at the Smith's i work at PT, part of my job is logging in guns purchased at auction FOR destruction, IE the terms of the auction specified destruction.

We log them IN, part out EVERYTHING but the frame into organized bins, cut the frame into 3 pieces, take digital photo AND a polaroid, the gun is logged as destroyed, polaroid attached in the appendix annotated to the page and line of logging in and dispo. the digi-pic is uploaded and the info is appended into a .ppt with annotation and a copy of that is served back to the auctioning authority as proof of destruction.

Worked so far through 4 audits.

That "smith" owes you a gun or some cash and a danged GOOD explanation with documentation about HOW he tried and over what timeframe he tried to contact you.

 

[stanger04]

That's the criteria we follow at our shop and have had no problems, now a lot of our guns destroyed are brought in by LEO's and they allow us to have the parts but kill the frame, receiver, etc.

 

[jimmyraythomason]

Oh,I see an official destruction. I thought that was being applied to destroying ANY firearm.

 

[AaronE]

ANYTIME we log in a firearm, we have to either dispo it back out of the book or still have it in the shop. We will destroy, and log as destroyed, any non-functional-nonrepairable firearm that the original owner does not wish to retrieve. We go over and above to contact an owner...I know we are still sitting on 3 or 4 that we have not been able to get in contact with the owner.

They are still logged in to the shop, reside in the shop and the tag in it states book, page and line of its logging.

As I said above...the 'smith" owes the OP a gun or money and a damned good explanation.

 

[jimmyraythomason]

As I said above...the 'smith" owes the OP a gun or money and a damned good explanation.

That seems to be the only solution.

I spoke with the owner today, he's a pretty good guy and he said he'd look into it and find out what happened.

This one at least appears to be on it's way to resolution.

 

[justashooter in pa]

it is within the purview of an FFL to "destroy" a firearm. this kind of thing happens all the time. ATF understands that some guns aren't worth fixing and should be destroyed at the end of useful life. such guns are logged into book from source, and logged out to "destruction by means of torch".

in such case it is wise (but not required) to document method of destruction, even adding a pic or two showing the frame torch cut in one area or more to make it inoperable. machine gun destruction is an entirely different subject that ATF is much more interested in.