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Gun may be lost in the mail.

select-fireselect-fire Member Posts: 62,764 ✭✭✭✭
edited August 2006 in General Discussion
I will find out tomorrow. Now here is the deal, who will be responsible for losing it? I have been paid. The buyer doesn't have the pistol. My FFL dealer was paid to mail did not put insurance on the gun. He was paid well to ship it with insurance. IN fact overpaid. Who is going to eat the cost .. Me or the FFL? The gun was NOT insured.

Comments

  • bpostbpost Member Posts: 30,979 ✭✭✭✭
    edited November -1
    If this is the same yahoo that held it for a few days before shipping You may want to wait some more ...

    It can take WEEKS to get a pakage in the mail.

    On the second question. If the FFL was paid to ship it insured and he did not; he owes for the gun IMO.
  • Patriots sonPatriots son Member Posts: 915 ✭✭✭✭
    edited November -1
    what was expected of the FFL, do you always insure when he ships?
    Did he say he would? I would want to know all the details of
    his service. I would like to say when you paid him to mail
    he assumes all responcibility, but we shall see. Let us know
    what happens.[:(]
  • p3skykingp3skyking Member Posts: 25,750
    edited November -1
    Didn't Bobski go through this about six months ago?

    If the FFL took a weapon to ship AND WAS PAID TO DO SO, I feel like it's his responsibility.

    INSUREINSUREINSUREINSUREINSUREINSUREINSUREINSUREINSURE[xx(]
  • GuvamintCheeseGuvamintCheese Member Posts: 38,932
    edited November -1
    Unfortunatly, if the ffl didnt get insurance and you have to go after him in small claims court, it could take a while. In the meantime the buyer is the one, and only one, at this point who is out $. Did the buyer pay extra for insurance? I still bet the gun turns up.
  • nyforesternyforester Member Posts: 2,574 ✭✭✭
    edited November -1
    If the gun dealer that mailed it out was told to insure it and he did not, then he is responsible. If it was me, he would meet my louisville slugger a few times !!
    Abort Cuomo
  • JamesRKJamesRK Member Posts: 25,672 ✭✭✭
    edited November -1
    If a man told me he would mail a gun and didn't, then told me again he would mail the gun and didn't, then he told me the gun was "lost in the mail", I'd be just a little bit suspicious.
    The road to hell is paved with COMPROMISE.
  • Smokeeater 38Smokeeater 38 Member Posts: 2,735
    edited November -1
    quote:Originally posted by JamesRK
    If a man told me he would mail a gun and didn't, then told me again he would mail the gun and didn't, then he told me the gun was "lost in the mail", I'd be just a little bit suspicious.


    Me two
  • kimikimi Member Posts: 44,624 ✭✭✭
    edited November -1
    My personal opinion is that the burden of proof for having mailed the firearm rests with the FFL Dealer with whom you had the contract. Good luck.
    What's next?
  • dongizmodongizmo Member Posts: 14,477 ✭✭
    edited November -1
    Only 9 days for parcel post? I would hold out until Tuesday before I got wound up.
    I hope you have it in writing that you wanted it insured, otherwise it is your word against his.
    Don
    The ultimate result of shielding men from the effects of folly, is to fill the world with fools.
  • select-fireselect-fire Member Posts: 62,764 ✭✭✭✭
    edited November -1
    quote:Originally posted by dongizmo
    Only 9 days for parcel post? I would hold out until Tuesday before I got wound up.
    I hope you have it in writing that you wanted it insured, otherwise it is your word against his.Don




    Not exactly, The FFL has mailed pistols before for me Priority ( next day ) and insured them. I payed him to do the same. By the way it was less than a dollar to go parcel post. I called the post office today and found out NO insurance is on the gun. FFL kept the extra money for the insurance. That is OK if gun is lost I know the Judge....
  • sig232sig232 Member Posts: 8,018
    edited November -1
    If this was UPS or FED-X you have online tracking. How can the package disappear. Insured or not isn't UPS or Fed-X responsible for the value if they lose the package?
  • select-fireselect-fire Member Posts: 62,764 ✭✭✭✭
    edited November -1
    quote:Originally posted by sig232
    If this was UPS or FED-X you have online tracking. How can the package disappear. Insured or not isn't UPS or Fed-X responsible for the value if they lose the package?


    Don't know about them.. It was mailed USPS
  • goldeneagle76goldeneagle76 Member Posts: 4,359
    edited November -1
    Should be able to track it. But I'm with JamesRK, the FFL guy seems a little fishy.
  • kimikimi Member Posts: 44,624 ✭✭✭
    edited November -1
    quote:Originally posted by select-fire
    quote:Originally posted by dongizmo
    Only 9 days for parcel post? I would hold out until Tuesday before I got wound up.
    I hope you have it in writing that you wanted it insured, otherwise it is your word against his.Don




    Not exactly, The FFL has mailed pistols before for me Priority ( next day ) and insured them. I payed him to do the same. By the way it was less than a dollar to go parcel post. I called the post office today and found out NO insurance is on the gun. FFL kept the extra money for the insurance. That is OK if gun is lost I know the Judge....



    There you go. That might go a long way if push comes to shove.
    What's next?
  • kimikimi Member Posts: 44,624 ✭✭✭
    edited November -1
    There is no way to track U.S. Mail unless you have paid for a service that provides it, i.e. insurance, certified, registered, proof of mailing, etc. Parcel Post implies a Class of Mail, only.
    What's next?
  • spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    quote:Originally posted by select-fire
    quote:Originally posted by dongizmo
    Only 9 days for parcel post? I would hold out until Tuesday before I got wound up.
    I hope you have it in writing that you wanted it insured, otherwise it is your word against his.Don




    Not exactly, The FFL has mailed pistols before for me Priority ( next day ) and insured them. I payed him to do the same. By the way it was less than a dollar to go parcel post. I called the post office today and found out NO insurance is on the gun. FFL kept the extra money for the insurance. That is OK if gun is lost I know the Judge....



    Sounds to me as if the FFL decided to self-insure on this one.
  • RustyNailRustyNail Member Posts: 803 ✭✭✭✭
    edited November -1
    I was on the other end of a "lost gun" transaction a couple of years ago and had a home visit from the ATF even though the gun was supposidly not received by my FFL/we had a nice long chat.

    If the buyer's FFL didn't receive the gun--you did not deliver. Transfer of ownership occurs when the buyer passes the NCIS screening--until then you still own the gun.

    My feeling is that your FFL is liable for not insuring the gun if you paid him to do so, but that's between you and that FFL.

    You should reimburse the buyer regardless of what happens between you and your FFL.

    On the brighter side, I will bet that your gun is going to turn up![8D]
  • 11b6r11b6r Member Posts: 16,725
    edited November -1
    Ref FedX, UPS, or ANY common carrier being liable for a lost shipment if not insured- yeah, they are. Now go read the shipping document you signed, and find out how much they are liable for. Most are about $100 max. What ? Hey- You are the one that signed the shipping papers! [:p] Seriously, there are limits to liability for lost goods not insured. Check it out
  • abcguns2abcguns2 Member Posts: 2,320 ✭✭✭✭✭
    edited November -1
    O.K. , Good Luck mon this one , does mail even go to Egypt ??? anyhow , we had one (a marlin 39) we sold and sent via u.s.mail, took out insurance ect.ect. , thirty (30) days later it was M.I.A. , went to post office that I mailed it from (Idiots!),got all kinds of flack, finally talked with postmaster (leader of idiots!),same B.S., told him I WAS filing a claim , informed him I was a LEO and was contacting the Postal Inspectors , filed paper-work (postmaster was very unhappy/unprofessional/moron)...three (3) days later it arrived @ the designated place of arrival ??? Go Figure ...Last Time I went to that post office for ANYTHING , filed a formal complaint & ?????
    Good Luck !!!
    d.a.stearns
    Gunsmith / LEO
    Niota , Tn

    P.S. F.Y.I. the above post office was in 'sweeWar on Terrorer , tn'.......
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