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Re: Need some legal advice: Gun lost by USPS

Posted: Tue May 09, 2023 10:19 pm
by Molivo
George W wrote: Tue May 09, 2023 6:06 am
Molivo wrote: Mon May 08, 2023 3:12 pm
What exactly are you calling the ATF for? Him not insuring the package has 0 to do with his licensure.
Per the original post:
tcpip95 wrote: Fri Aug 26, 2022 12:33 am He also did not follow BATF procedures for reporting a lost or stolen gun, in that he delayed reporting it lost, and he did not notify the local PD as required by BATF.
Ok. I missed that part apparently.

Re: Need some legal advice: Gun lost by USPS

Posted: Fri May 12, 2023 4:09 am
by Wakko
I'd also like to know if there's a update.

Re: Need some legal advice: Gun lost by USPS

Posted: Fri May 12, 2023 10:00 pm
by TonyR
I sent him a PM letting him know people would like an update,so we'll wait and see.

Re: Need some legal advice: Gun lost by USPS

Posted: Sat May 13, 2023 4:38 pm
by tcpip95
Sorry guys, was out getting surgery and missed the replies.

BATF contacted the dealer, and it turns out that he did report it stolen - but put in wrong serial number. I was not able to recover my money even though the dealer screwed up. I can sue him in civil court, where I'm sure I'll get a judgement in my favor, but because the business is in his wife's name - and she has no assets - I'll probably never see the money.

The gun itself is long gone.

Re: Need some legal advice: Gun lost by USPS

Posted: Sat May 13, 2023 6:26 pm
by Wakko
You have zero chance of any resitution if you don't fight for it.

Re: Need some legal advice: Gun lost by USPS

Posted: Sat May 13, 2023 10:15 pm
by TonyR
Attorney fee's probably out weigh the price of the gun,just guessing.

Re: Need some legal advice: Gun lost by USPS

Posted: Sun May 14, 2023 9:00 am
by Wakko
You don’t need an attorney. You’re presenting that the shop is responsible for the pistol because of negligence. Small claims court is designed just for that purpose.

Re: Need some legal advice: Gun lost by USPS

Posted: Sun May 14, 2023 11:49 am
by Groesbeck
tcpip95 wrote: Sat May 13, 2023 4:38 pm BATF contacted the dealer, and it turns out that he did report it stolen - but put in wrong serial number.
What attention to detail this guy has.

I would say technically he didn't report it stolen at all. He filed a false report.

Re: Need some legal advice: Gun lost by USPS

Posted: Mon May 15, 2023 6:26 pm
by Molivo
What about having an attorney send a letter of demand? Most attorneys will do that cheap. Might spook the guy into paying you.

Re: Need some legal advice: Gun lost by USPS

Posted: Mon May 15, 2023 10:42 pm
by tcpip95
He's not going to be spooked. Wife has no assets, so nothing's going to stick on him.