Please Help, It's Not My Gun !!

[schmeky]

I am listing this in the auto section of this forum since the subject matter is a semi-auto.

My local gunshop I use for FFL transfers called me a couple weeks ago and said your gun is in. I said, Uh, no its not, I don't have a gun on order. Gunshop said it has your name on it, come pick it up.

So, I get there, paperwork is done, I look at the pistol it and said, no, this is definitely not my gun. Gunshop says well it is now, so I pay a transfer fee of $20.00.

The only clue I had as to where this pistol came from was a single name that came with the pistol. I had bought a firearm from someone a couple months ago with the same first name, so I called this person. Sure enough, this seller sent me someone else's gun. I told the seller we need to get this gun to the rightful owner ASAP. Someone has paid for a pistol they did not receive.

Problem is the seller wil not contact me with the necessary information to get this pistol to the rightful owner. When I spoke to the seller I left my name, address, phone numbers, everything necessary to contact me. I have called since and only get an answering machine pick-up.

Suggestions?

 

[Leonardo]

There's not much you can do. Go shoot the damn thing.

 

[varoadking]

Suggestions?

You should have refused it and told the FFL to return it to the sender...kinda late for that now though...

 

[Bazooka Joe71]

Go have fun with your new gun!!!

The world would be a better place if more people like you were in it!

 

[MadMercS55]

Have to ask..What kind of gun was it??

 

[bg226]

Deleted.

 

[possum]

so yes please tell us what kinda gun did you get for escentially only $20?

 

[crucible]

I mean did the dealer put a gun to your head or something to take a weapon that you know doesn't belong to you? Do you *really* need help on what to do here?

C'mon, you know what the right thing is here.

Cruc

 

[schmeky]

I don't plan on shooting it since it is technically not mine. I was hoping the person it belongs to visits this forum. If so, this particular pistol would be very, very easy for the rightful owner to identify.

I may bump this thread from time to time in order to hopefully get a hit from the owner.

The reason I took the pistol is I have a feeling the FFL holder I got it from may have held on to it, then again, I may be wrong. I would forfeit the $20.00 fee I paid just to get it where it belongs.


Cruc,

I am sorry you feel that way.

 

[XavierBreath]

Why not go through another FFL and simply send the gun back to the seller? Let him get it to the proper owner.

The right thing to do is return the gun. It is not yours.

 

[gudel]

do the RIGHT thing. I'd hate it to have someone shooting MY gun. Don't listen to these people who tell you to keep it and shoot it. jackasses.
and I sure as hell hate to have a reported 'lost' gun on my possession.

 

[Optical Serenity]

Yup, I agree you should just ship it back to the FFL it came from. And put in there a note to send you all the money you have spent in this "error."

 

[schmeky]

My past experience with the seller was really bad. Bought a NIB pistol, sent the payment, I had to call a few weeks later to check on the receipt of the check. Seller indicated pistol would ship the next day.

Waited 10 days, no gun. Called back several times, all I got was an answering machine, left several messages. 7 days later, no return phone call. This is now 3 weeks. I was thinking I might not get the item.

I called ATF and politely inquired as to what to do. They said it was not a matter they coud take up, however, they said the Post Office could get involved since the non-delivery of the pistol was mail fraud. Damn, I just wanted my gun, not all this crap.

While on the phone with ATF, they suggested I contact the Sherrif's office in the county where the seller lived. I did, got a detective on the phone, a super nice guy, and I'll be derned, the detective knew who the seller was. Detective contacted the seller, and 3 days later I got the merchandise.

This is the long story on why I don't want to send it back to the seller. I would loose shipping fees and besides, I think the rightful owner will be found in due time.

I intend to take other avenues to locate the owner this week.

 

[rbernie]

The right thing to do is return the gun. It is not yours.

+1.

And then tell us all the name of the turd seller who wouldn't lift a finger to make it right.

 

[Bazooka Joe71]

I know i made a joke earlier about the gun being yours now, but it wasn't mean to be taken seriously...

And then tell us all the name of the turd seller who wouldn't lift a finger to make it right.

I'll second that as well, i know i don't want to be purchasing a gun from someone that messes up my gun order and then won't help me get my gun back...What a jackass...Nor do I want ANYONE buying from them.

 

[KI4LIV]

Too bad firearms are not shippable via US Postal... Federal law states that if you receive something via the mail - and you didn't order it - it's yours to keep!

 

[schmeky]

"Too bad firearms are not shippable via US Postal... Federal law states that if you receive something via the mail - and you didn't order it - it's yours to keep!"


That kinda' sux for the person that paid for it and didn't get it. What if you were the buyer and you didn't get your merchandise or a refund, just lost your money?

 

[Hazzard]

That kinda' sux for the person that paid for it and didn't get it. What if you were the buyer and you didn't get your merchandise or a refund, just lost your money?

In a perfect scenario, original buyer complains, jack@ss FFL holder ships him a new firearm at his cost, and OP gets to keep his $20 prize. (folds hands behind head, sighs deeply, and says "all is right with the world!")

But...Do everything you can to return the firearm as it really isn't yours.

 

[joab]

You have contacted the seller to get the info needed to ship the gun back, he has refused to forward this info.
What more can you do?

Make sure every correspondence is by e-mail or certified letter. and save all

How long have you had this gun?
I'd be willing to bet that when the true owner of the gun contacts the seller he will try to contact you.

The simplest thing would be for the seller to give the buyer your info and you ship the gun directly to him, if it is not cost prohibitive.

And to give us the name of this disreputable seller so that we don't fall victim

 

[moewadle]

It has already been said, perhaps more than once, but I will repeat it even if it is too late in this case. You should never have accepted the gun in the first place. It is not yours, you did not order it, you did not pay for it. It was someone else's mistake. You should have refused it.

 

[JasonMD85]

Well, you seem like a good guy since you are atleast trying to get the gun back to the original buyer, so I am not going to barade you with another "you shouldnt have taken it" post. Obviously that is already clear to you. What I will say is this:

Get rid of that gun the fastest legal way POSSIBLE. If you can, try and get paperwork from your local sherrifs office, the FFLs local sherrifs office, ATF, WHOEVER saying that you DID NOT purchase this gun, it was a shipping error, and you are atleast attempting to get it back to seller. Call my paranoid, but I have a gut feeling this FFL you speak of could possibly be trying to get you back for the trouble you caused. "If a deal seems too good in this society, it probably is." Get the gun back to the seller, or get it into the hands of your local sherrif, the sellers local sherrif (probably the best bet in getting the firearm to the rightful owner) or the ATF ASAP before you reap some legal trouble over a gun you know NOTHING about and was given for free from a known bad FFL that you had a run in with.....

Im sure like an "out there" thign to think of, but this world is full of nasty people..

 

[jlh26oo]

You legally own the gun. It's not like finding stolen property. Documented.

Everyone browbeating the OP needs to redirect said brow toward the seller who apparently couldn't give two toots regarding who gets what.


(but seriously, we're going to need the name of that seller)

 

[rustymaggot]

when i took business law class last semester as i remember law states that the only peoson who has a right to property is the owner. you are the legal owner of this gun against all exept the rightful owner. the seller has no claim to it anylonger.

it is admirable that you want to return it to whoever paid for it. you are right to not send it back to the seller as that guy sounds like a stool sample. if the rightful owner cannot be reached in a reasonable length of time id say keep it and shoot it untill the rightful owner surfaces. maybe wait a year? sounds reasonable to me. you have a date on your paperwork yes? so if the gun was used in a crime they cant blame you cause you can prove you didnt have it before said day.

unless im overlooking somthing your job is easy. sit back and wait for someone who can identify it. how did you buy your first gun from the stool sample? was it like auctionarms? can you search completed auctions on that site? maybe match it up that way?

be careful, maybe theres somthing wrong with the gun and the seller is hoping you have it blow up in your face.

 

[Johnny Guest]

Moved to GGD

schmeky, no reflection on you, but I really believe this is in the wrong forum. I respect your wish to see that the firearm is transmitted to the rightful owner. I'm moving this thread to General Gun Discussions, because it will get somewhat wider readership there.

Hope it works out for you, with no further expense to you.

Best,
Johnny

 

[KD5NRH]

Uh, why not call that detective back and let him know that this guy sent you a gun unsolicited, and you're worried that he might have done it in an attempt to cover something up or incriminate you?