Glock Forum - GlockTalk banner
1 - 20 of 80 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
About a year ago, I put a pistol on consignment with a local gun store that seemed to be doing pretty well. I'd made some purchases there before, other locals liked the shop, and everything was good. Fast forward to now and the shop's been closed rather unexpectedly. The Facebook page was taken down when other customers started freaking out about their consignment pieces, the owner's been completely unresponsive to phone calls, and the only thing that changed was a sign in the front door of the shop saying "we're going out of business."

I tried Googling this topic, but there aren't many helpful posts about this sort of issue... If anything, I'd like to retrieve my pistol before some creditor swipes it, or at least recoup some of its value (as opposed to nothing). Without a way of contacting the business owner (short of stopping at his residence or sending a letter), seems I don't have many options.

Might any of you may have a suggestion as to how you'd proceed? Thanks in advance!
 

·
Registered
Joined
·
6,047 Posts
Lawyer up. There is a .01% chance you will easily get your gun back. If you get it back at all.

It wouldn’t hurt to give the police a call as there is now a missing firearm. It may not help much however. At least you sort of get it on record.
 

·
Registered
Joined
·
16,903 Posts
Lawyer up. There is a .01% chance you will easily get your gun back. If you get it back at all.
Agreed, start with a nastygram from your attorney, to at least get your foot in the door. They are now bayoneting the wounded, from a legal standpoint, make sure your interest is represented before they start looting the bodies.
 

·
Values. Can't be bought.
Joined
·
14,101 Posts
Call ATF. Maybe police. Conversion of property? Theft? Maybe just sick? At least get it on record. Seems like he could do time if your property goes the wrong way. I see stopping by his residence and sending a letter to both be plausible choices.
 

·
Registered
Joined
·
7,534 Posts
Not sure what state you're in, but in Va., when you put a firearm on consignment, you actually do a full form transfer. That, as I understand it, means it belongs to the LGS. That said, I've always gotten a receipt/contract. No way in the world that you can't get it back. I changed my mind once and had to do all the paper and pay a small transfer fee to become the owner again. Definitely sounds like attorney time before it gets liquidated as an asset in bankruptcy court. Good luck!!
 

·
packin heat
Joined
·
2,443 Posts
Key thing if an when this gets resolved either in your benefit or not. If not an the gun was disposed of by the shop, can an will you be held responsible if it turns up at a crime scene.
 

·
Registered
Joined
·
3,833 Posts
This is not true. Usually there is some element of local government who job it is to collect judgements. Usually it's the local sheriff. With the judgement, the sheriff could enter the premises and retrieve the item.

Unless its fancy piece worth multiple thousands, it will indeed wind up in small claims court.

Your chance of recovering anything through small claims court is pretty much zero. Even if you get a judgment in your favor, there's no enforcement mechanism to ensure the judgment is paid.
 

·
Registered
Joined
·
192 Posts
Not sure what state you're in, but in Va., when you put a firearm on consignment, you actually do a full form transfer. That, as I understand it, means it belongs to the LGS. That said, I've always gotten a receipt/contract. No way in the world that you can't get it back. I changed my mind once and had to do all the paper and pay a small transfer fee to become the owner again. Definitely sounds like attorney time before it gets liquidated as an asset in bankruptcy court. Good luck!!
That's correct. A weapon that is on consignment has to go into the bound book and a return of the weapon is considered a new transaction.
 

·
Registered
Joined
·
5,127 Posts
I can't imagine a dealer selling a firearm without written permission. Do you have a contract? What is the language on the contract? There must be some case law regarding ownership for items that are under consignment and a dealer closes or goes bankrupt. I would imagine that attorney cost would exceed the value of the firearm very quickly. I would do as much work myself before contacting attorney. The big thing is determining legal ownership. That will determine if you can report the firearm as stolen.

Update: I read that if you provide a firearm to a dealer for consignment, it becomes part of the dealers inventory. Creditors can go after the inventory to recoup money that is owed.

Good luck.
 

·
Registered
Joined
·
1,956 Posts
Exact same circumstance happened to me around 2000. I had a glock 30 on cosignment at a local shop that seemed to be doing decent. Been around a while, thought they were solid. Job had me traveling for a month at a clip. Came home, someone told me the store was closed. I verified, definitely closed up and empty. Figured it was a FFL issue, so I called the local ATF office, about 30 miles from me. They explained who took posession of the firearms that were there, and how to contact them. I had my original purchase paperwork, as well as the consignment paperwork. Made a quick trip to the new shop, which was in a guys garage if Im remembering correctly, and walked out with my pistol. I still remember that serial number off the top of my head.
 

·
Registered
Joined
·
1,471 Posts
sorry to hear.. sounds like a big mess..im guessing that legal avenues are gonna end up costing more than the gun.. if it were me i would look into what others have said about the transaction and if you had to sign over ownership to him if so keep that paperwork in case the firearm does get in the wrong hands you are covered.. as for the whole mess i would chalk it up to a learning experience and never do consignment again.. better to sell outright with a bill of sale or trade
 

·
Registered
Joined
·
16,903 Posts
Not sure what state you're in, but in Va., when you put a firearm on consignment, you actually do a full form transfer. That, as I understand it, means it belongs to the LGS. That said, I've always gotten a receipt/contract. No way in the world that you can't get it back. I changed my mind once and had to do all the paper and pay a small transfer fee to become the owner again. Definitely sounds like attorney time before it gets liquidated as an asset in bankruptcy court. Good luck!!
Same thing in Alabama, is probably a federal thing. I put several weapons on consignment, over a period of time, and had seller's remorse about a Ballester Molina, so decided to get it back. It cost me a transfer fee, to get the legally owned firearm back from the LGS. He apologized, and said his accountant had cracked down on him, understood completely.

I explained to him, you can be the best LGS in the universe, and if you do not consistently turn a profit on some things, will not be in business to help everyone else out where you can. This is a sticking point for your accountant, because he knows both firearms and business.
 
1 - 20 of 80 Posts
Top