Stolen

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If the guy is that big a crook

he probably sold it off the books. I would tell ATF that I suspect that he sold my gun and have them check his books for your serial number to be on the safe side. You never know how stupid some people are. Thats how they get caught. If they do not find it on his books then the odds of them solving it go down significantly. It could turn up some day if its sold to someone else and they have the serial number ran and it pops up stolen.

Your best bet is probably small claims court. After I did that I would make it a point to picket in front of his store and hand out leaflets detailing what happened to prospective customers. It is a free country and thats your right.

After all the smoke clears I would post all his information on all the gun forums for the world to read. I would do everything I could to put the scumbag out of business. If he has a daughter I would try to hook her up with a friend that has a social disease....I would just keep on screwing with him until hell freezes over.
 
If he has a daughter I would try to hook her up with a friend that has a social disease
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That's a creepy thing to say and uncalled for. Just because he is a lowlife, doesn't mean the rest of his family is. I'd certainly mess with him and him only.
 
hammers - it sounds to me like you already caught the thief. Ask the police to follow through. BTW, you can take him to small claims court and I know you'll win. Find another Colt Python like the one you had, document the price so you can use that in court. If you have any pictures and other documentation, you'll need that too.
 
Under Assirian law in ancient times if you were caught stealing your house would be torn down. Your goods and family sold into slavery. The reason the punishment was so severe was because stealing from anybody was a crime against the king. In the Old Testament if you were caught stealing you had to pay back 4 tomes what you stole.
 
The rescent Kull auction had something like 30 pythons none went for under $1800, but what I thought was funny was the same weapons showed up in the next auction. Serial numbers matched lol! I am sure Kull auctions in Pauline, Kansas would love to tell you what yours was worth.
 
bet he never put it on his books in the first place and may have shipped it somewhere under someone elses name or is just sitting on it in a safe deposit box.
 
Don't gun shop owners usually carry insurance in case of theft? Couldn't he just file a claim for the value of the gun? If so, I bet he would estimate the Python at a lot more than $200.
 
- Check with Colt if they ever received the gun. If they never did, have him explain to ATF why he never shipped it. If they believe he stole the gun and sold it with no paperwork he'll loose his FFL.
- You have a free lawyer and the guy doesn't. Claim punitive damages and have your lawyer drag the proceedings until he begs you to take the gun and the money.

Good luck.
 
Attorney advised me against naming him until court proceedings begin. After that I will let everyone know. The only info I can give out right now is on the gun. I didn't know that you could send a gun to the manufacturer yourself, which is why I didn't. I take very good care of all of my weapons and in 10 years have never had to send anything off.

Even if he wants to settle now, it is to late. He had his chance, and now it is not about the money, but about the way I was treated, what he did, and that he could do it to someone else in the future.

A guy I work with found out yesterday what was going on and went to pick up his 12 ga and he had finished it over 6 months ago, he just never called to let him know.
 
My gut says that this gun is either residing in his personal collection, or he sold it off the books. Either way, I can't imagine that you'll ever see the gun again.

Break the future appreciated value off in his backside. Take him for everything you can. If he's as big an idiot as he sounds, maybe he'll do the stupidest thing ever, and "magically find" the revolver in his shop, once he begins to feel the heat of a civil suit.
 
Big Bill said:
BTW, you can take him to small claims court and I know you'll win.
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Unfortunately, in most cases/place, small claims courts have no authority or method to "collect". I have know several people that have used small claims court for such thing, and all of them won their cases.

None of them ever actually collected a dime.
 
Lots of places do indeed lack a mechanism to collect; the courts won't force payment in my state, for example. But, a deliquent settlement will kill a credit rating, a very, very bad thing for a person who's running their own business. It'll mess one up. Not too many will give a loan to someone who doesn't pay a court ordered settlement.

I think paying a small fee to throw a permanent wrench in the gears of a cheat's life is worthwhile.

PS: If there is a criminal trial, one could always ask the DA to ask the judge to order restitution at sentencing. If they don't pay that one, they will go to jail if they aren't already headed that way. I don't think you'll have much trouble getting the guy slammed as law enforcement is often very heavy-handed with firearms dealers.
 
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Yep. Lookit, the jurisdiction of small claims in most states is $5,000 or $6,000.

Allege the Maximum of $5,000 or whatever it is, broken down as follows:

$1,599 for the gun (take your printouts of COMPLETED auctions as proof)

$3,401 is punitive damages for the intentional tort of conversion (theft).

The first part will be easy to prove; the second part the judge may or may not go for, but probably will if you present your case fully.

Then when you write him to ask him to pay the judgment of $5,000 or else you will garnish bank accounts, suddenly the $750 you offered will look like something he should have taken.
 
I reported to the ATF, I left my numbers and name and they called back within the hour. I emailed them the police report and a timeline of everything that went on. They had no record of him ever reporting it stolen. If no one ever reports him, he would rip someone else off down the line.
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This guy is in more trouble than you realize. If it was in his book and then stolen he has to explain to the ATF why he didn't report it stolen and especially why he didn't sent it to Colt in the first place. It's obvious he took the gun and it wasn't stolen. He panicked when the police called and said it was stolen without thinking and now he's in deep crap. Whatever you do DO NOT lose the claim stub he gave you, that's your proof you gave him the gun to send out. This guy has committed several Felonies, most of them after he stole the gun. He is in it deep for real...
 
When I first read your post, I thought to myself, dealer screwed up...he, or an employee saw it laying on a table in back, thought it was a trade in, accidently sold it. I can see that happening. Followed by alot of "Oh dear...oh my...I am SOOOO sorry....Let me make it up to you, I accidently sold it for (Whatever) $800...I'll give you the $800 and tell me what you think its worth and I'll make up the difference..."

With his attitude...screw him over every direction you can....
 
Hammers2121 Advise your attorney to move fast before he files bankrupt then you wont get anything. But him doing jail time sounds good!
 
I am passing on small claims and going for big boy court. I want it to cost him a lot more than 750.00 now. He says I tarnished his rep, he had better wait till the court starts, then it is public record. Even if I do not collect, I will have the judgement against him. And like Woad Yurt said, "Not too many will give a loan to someone who doesn't pay a court ordered settlement.", that is correct. By day I am a loan officer at a bank and it is against policy to loan money to anyone with a judgement, it destroys your credit score, and as long as the suit is filed before he files bankruptcy, I will have dibs. Also he can never buy or sell a house until he would pay me off. I plan on making life for him a living hell. I have a correspondence going with the ATF and have forwarded everything from Police Reports to copies of my claim ticket to them. I plan on keeping every thing as legal as can be, but I will use the law as it was intended, By the People, For The People.
 
Ask your attorney about contacting the local police or prosecutor about filing embezzlement charges (stealing entrusted property).

Such a State charge and the federal ATF issues often can be brought simultaneously.

It's usually improper to bring a criminal charge in order to simply collect a debt, but these facts seem to justify a criminal investigation and the police and/or prosecutor, not you, will decide if the evidence is strong enough to bring a charge.
 
I am passing on small claims and going for big boy court. I want it to cost him a lot more than 750.00 now.
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Way to go, hammers! This guy needs to pay, and pay big.
Please, keep us informed as much as you legally can.

Walter
 
Hammers 2121, I wish to thank you for following this thing through. You have not consented to living with the "I got screwed by this guy" vision that would follow you the rest of your life! I also commend you on the path in which you have chosen to get this thing right. It will most likely take quite a bit of time and ambition on your part. There has been lot's of good advice here so far. Good luck to you and please continue to keep us posted on turning point events.
 
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