Please Help, It's Not My Gun !!

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Unless of course the guy who bought the gun and never received it has reported it stolen
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What exactly will he have as grounds to establish that he owns the gun? A cancelled check? It better have a serial number on it and even then all the paperwork that actually carries legal weight as record of ownership leads to schmeky. The only person that would be in trouble for this would be the seller. He had a contract with someone to transfer ownership in exchange for payment and didn't. At best he has breach of contract. The buyer never legally owned it to be able to have had it stolen from him.

Oh and does anyone else wanna tell him that they think it was a bad idea to accept the gun? I don't think it's been said enough times for him to get it yet. He's only agreed 2 or 3 times now, keep piling it on. :mad:

Schmeky, keep doing what you are doing man. You're making it right and that's commendable.

Once it's over and the correct owner has his gun let us know who this sloppy(at least) seller is so we can avoid him.
 
I am NOT convinced that ArmoredMan is correct saying that Schmeke has done nothing legally wrong. I am not an attorney, but, I will still say....If something is sent to me by virtue of someone's mistake and I did not order it or pay for it and I then still keep the item I think there is legal liability should this ever get into court. I am not talking just criminal court. I am also including civil liability issues. Sure there is all kinds of FFL paperwork and the legal paper trail....but just because a mistake is compounded by other people does not legally bestow title to an item of property if it was not the recipient's in the first place. It may be sort of like this.....Your employer prints a pay check to you in the amount of $12450. when in fact the amount was supposed to be $1245. You know the amount given is 10 times the correct amount but you go cash the paycheck knowing it is way over what you legally are entitled to. What do you think a judge is going to say when your employer brings suit against you to obtain return of $11205 that is not yours? Sure your employer printed the check for $12450 but that can easily be explained as a mistake by ONE OR MORE people in the company system. Also, the judge is going to know that you had some consciousness of guilt by virtue of cashing a check you know is grossly incorrect. I suggest if you want a good legal answer to this question talk with an attorney. Those of us in this forum who are not attornies can only make guesses.
 
I received a call from a Detective Anderson this morning. He indicated the seller has been "very ill", with no further elaboration.

I explained to the Detective what has happened and all I need is the buyers information. He promised to call back.

I want to clarify one thing. I had been "bidding" on a couple pistols and the auctions closed with the reserve not being met. When the FFL called me and said your gun is in, I told him, no, I don't have anything on order. He said, come pick up "your" item. When I got there he came out to my car (I am a paraplegic) with the paperwork all filled out. When I looked at the gun, I said, nope, not mine. He said it was from a "Lisa", the only thing on the receiving paperwork. I had bought a gun the previous month from a "Lisa" and I realized she must have sent it to me by mistake. So I signed, paid the $20.00 fee and went home and called and sure enough, it was her. Gave her all the info needed to get things going on the right track. End of problem, I thought.

This has turned into a Chinese fire drill. I thought this would be a simple done deal. I am sorry I ever brought this to the forum. My intention was to see if the buyer could be located through the High Road Forum.

For all those think I am a lying ass, that's fine. I have said before I should have never signed for it, I made a huge mistake.

However, once I find the buyer, and I will, I'll be satisfied. I would like to think someone would at least try and help me in like situation.
 
good luck in finding your buyer. Have you contacted the auction host? If this kind of thing is going on they would want to know about it.
 
I am sorry I ever brought this to the forum. My intention was to see if the buyer could be located through the High Road Forum.
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A truely sorry statement to read on THIS forum. No one should have to feel this way on TheHighRoad.

After the first person said that he shouldn't have taken the gun and he agreed that particular point should have been considered resolved. But nope we got people that can't "take TheHighRoad" and have to rub salt in a wound.

He is trying to make right in a difficult situation. He has admitted his mistake. LAY OFF!!

And for those of you that have said he could be in legal trouble. I think if that was the case the DETECTIVE he has been conversing with might have said something about it.
 
This is my next to the last post on this matter.

The last one will be when the owner is located. Then I'll post some details. Hopefully the rightful owner will post as well.
 
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