Missing Rifle

gap1916

I hope this does not get zapped by the powers that be. I have had a bad experience here in a sale. The buyer chose to not go forward. This is OK It happens. He stoped payment and the item was lost on its way back to me. How long should I wait untill I do something offical in a legal sence?

TOOLS1

Take action now. The sooner you get going the better the chances of it being found.
TOOLS

Matt45

I would guess the first thing to ask is "Why did the auction go bad?" Depending on that answer, if there is reason to suspect fraud, I would act sooner than later, but no more than 21 days under any circumstances.
I would contact the "buyer" and obtain a tracking number or some other documentation that the item was shipped, and to whom at what address. Make sure all the information is correct, and verify tracking numbers online via the shipping company. If you have the feeling that the buyer is being dishonest, let GB know and start down the legal trail- if you used USPS or recieved the payment via USPS, contact the Postal Inspectors, since they have jurisdiction. I would also contact the BATF regarding either the FFL who transferred the rifle or the person recieving in the case of a C&R holder.

Let the "buyer" know all of this too, it may jump start a reaction, but whatever you do, if the "buyer" should throw a fit, remain calm and simly tell them you are protecting your interests in the appropriate manner.

Reserving my Right to Arm Bears!!!!

Edited by - Matt45 on 08/27/2002 17:53:26

rameleni1

I would think if the item was lost on the way back too you, it would be the buyers fault. He should have had insurance on it. I would wait the required time, and complain where you sold it at. I had a similar problem, and it took 6 months to get back 75% of my money.

Rameleni1

gap1916

Matt 45 the buyer did throw a fit. He stated he did not want to discuss the situation with me and has not returned any of my e-mails since he threw the fit. I had to find the recever FFL telephone number and call him to see where the rife was. I could only talk to an employee who was able to give me a tracking number. I keyed the tracing number into the software program and it cam back as (not valid number). I am still talking to the FFL who was to send it back. The bad news is the FFL holder that sent it back is closing his business at the end of the month. If it can go wrong it will.

Matt45

ACT NOW!!!!!!!!!!!!!!!!
DANGER WILL ROBINSON! DANGER!!

I would not trust anyone at the other end of the phone- contact the County Sheriff's department where the FFL is located, explain the problem to a representitive of that Department and report it as a firearms theft. Since that is usually a Felony charge it will be investigated, hopefully sooner than not.

Also contact the BATF, after, you report this to the Sheriff, the wheels turn slower at the Federal level.

Lastly, is it a USPS or UPS or Fed-Ex tracking #??? Each of those has an investigations unit, and except for the USPS, I wouldn't count on them.

Reserving my Right to Arm Bears!!!!

v35

Talk to the BATF immediately and get a full I.D. of the FFL holder. You may have to chase him.
Someone here on this site called the State Police in a similar incident and got fast results.
It can be an expensive lesson not to wait for checks to clear before sending anything of value. It's also a good idea to take the precaution of examining the return before refunding money.
I learned this lesson when a guy cancelled his check and returned a variable pitch airplane propeller.He exchanged the gear drive which may have been the reason he wanted my propeller in the first place.
To top the insult, the dismantled prop blades & parts came back rattling around loose in an unpadded carton. I was screwed without recourse.
Don't let the grass grow on this one.