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Gunshop lost license, how do I get guns back?

rolandroland Member Posts: 55 ✭✭
edited January 2007 in Ask the Experts
I put a couple of handguns on consignment at a local store. Their license has expired and they say they are waiting on a new one, but it has been over a week and still no new license. How can I get my guns back? Thank you in advance for your answers.
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Comments

  • Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
    edited November -1
    Be darn sure you hang onto your receipt where you consigned them. Usually a license that is denied renewal gets a temporary letter of extension while the paperwork is processed.
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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  • perry shooterperry shooter Member Posts: 17,105 ✭✭✭
    edited November -1
    HENRY O has it correct something does not sound right with the story they are telling you. Why do your shop need a lic. to give you your gun back I know it had to be entered in their books but they should be able to do their own paperwork on their own lic. expired or not ???What would happen if they never renewed ?? they don't own the guns you do . I would call BATF in another week if I did not have the guns.
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  • jbw1776jbw1776 Member Posts: 3,056
    edited November -1
    Not 100% sure the legalities of the whole situation, but if they are saying they can't transfer you back your gun because their license is expired, then I wouldn't wait, I'd call the BATF Mon. and ask them the same question you asked us. What I'd do if they were mine.

    Technically, consigning your gun over to them and giving them your gun to have work done are two different things. If consigned, they are not "suposed" to get them out of their book without having you fill out a form 4473 and running a NICS check (hard to run and get the NTN number without a valid license). Even though they are your guns, you consigned them over to them and they took possesion of them. Repair work can be handed right back to YOU without the form or NICS run.

    Call Mon.

    Ben
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  • john wjohn w Member Posts: 4,104
    edited November -1
    the expired licence stays valid as long as they have reapplyed for a new one so in reality they still have a valid licence UNLESS they did not re-apply or they were revolked. You consigned your guns to them to be sold. YOU are still the legal owner of the guns and ONLY if they sell them do they have to have the buyer fill out a 4473 and do the backround check. YOU DO NOT need to have anything but your receipts for the guns that you left in their care and really not even those if they know you and are honest. YOU will be able to just pick them up in person without any paperwork but your recieps for them they gave you when you dropped them off. THIS guy is farking with you. Does he still have them to show you? I bet he has sold them and they are gone or he has them on a payment plan and is not going to tell you they are sold till he gets all his money and is using your money right now to run his business. DEMAND TO SEE THEM and then tell him you are taking them with you and if he gives you any crap tell him you are contacting the BATF to report him and to expect a visit from them and your lawyer! QUIT screwing around with this jerk!!
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  • jbw1776jbw1776 Member Posts: 3,056
    edited November -1
    John, I was told that about the 4473 from an ATF agent to my face. Never did look it up though. Sometimes I think that postal clerks know their own rules and regs. concerning firearms better than the ATF does. Now you know that's bad.[:D]

    Still haven't looked it up, but if I'm wrong, sorry about the mistaken info.

    Again though, take care of it Mon. Good luck!

    Ben
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  • Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
    edited November -1
    quote:Originally posted by john w
    YOU are still the legal owner of the guns and ONLY if they sell them do they have to have the buyer fill out a 4473 and do the backround check. YOU DO NOT need to have anything but your receipts for the guns that you left in their care and really not even those if they know you and are honest. YOU will be able to just pick them up in person without any paperwork but your recieps for them they gave you when you dropped them off.

    Once entered into the bound book, a 4473 or file copy of another FFL is required to show the disposition of a firearm, even if it is returned to the person who consigned or pawned it.
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    This is the greatest problem with placing guns on consignment.

    If the store has entered bankrupcy, guns on consignment are considered "stock" because they were entered in the bound book. They will be sold off with all the other assets, & you will get little or nothing.

    I'd do as the guys said, but, if you can, also pound on the shop owners door at home & make a nuisance of yourself. You might be able to embarrass him enough that he will return them to you before he gives up the keys to the store.

    Neal
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  • Old FoolOld Fool Member Posts: 1,502 ✭✭✭✭✭
    edited November -1
    JBW1776

    You must deal with a differant ATF than the one I deal with[:D][:D] I have had agents tell me all sorts of stuff that is obviously BS. Many agents have never dealt with legitimate FFL holders, they work on illicit sales, illegal imports, and tracing crime guns.
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  • GeriGeri Member Posts: 2,102 ✭✭✭
    edited November -1
    Had an ATF agent tell an FFL holder that all muzzle loaders required a 4473 form and nics ck. Not what the regs say.
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  • redhead71redhead71 Member Posts: 2,337 ✭✭✭✭✭
    edited November -1
    Depends on what your state laws are? You can go to your highest judge district,circut ect... get an court order for the sheriffs dept to retreave your firearms.And they can place the firearms with another ffl dealer and he can do the papper work(4473) and nics. You must show owner ship of the firearms if you can not you will not be able to do this.It is a real pain be there! done that! it took me over a month and with a good lawyer. Good Luck!
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