Gunsmith vanished...any advise?

[Rough Gear Review]

So here's the deal. Gunsmith Dan vanished on me again. And this isn't the first time.

When he did my first gun, a Beretta 92FS there were problems. It would not fire because he forgot to install a part and the cerakote would scrape off. He had a good sounding excuse and took the gun back. 3 weeks later he returned it and it was fine. That was a 2 month project.

I then sent him a Ruger Scout and this time he did a vanishing act. He said he had a mild heart attack and that was the reason but he should have had someone communicate with his clients. That was a 3 month project.

Then this past November I gave him a 1911 to cerakote. He said his health was back and everything was 100%. Three weeks later I was getting nervous because he had not responded to any emails or messages. He finally called me last week to tell me he was sick again but would return my property. He made an appointment with me for Tuesday but called Tuesday morning and left me a message saying he couldn't make it.

I called him back Tuesday 3 times.
Wednesday 4 times.
Thursday 3 times.
Friday 3 times.
Saturday 4 times.
Today, Sunday, twice and emailed him.

I have heard nothing back and was wondering if anyone had gone through this before with a gunsmith.

Tomorrow I am going to the address that is listed on his FFL. If he is not there what next? Call the ATF? Call local PD and report gun stolen?

[G-Man WC]

Sounds like you live up to your name OP.
Sorry your having so many issues.
If repairs and coating took three months, I'd be looking
to spend my money elsewhere.
I don't know GSD, but you would think you could get your
property back if he were able to do so. Sounds like health issues
to me. Hope things work out. -g

[kcstott]

Yep you need to go see the Escondido police file a stolen weapons report Contact the BATFE and the DOJ. I've been through this crap before with a customer in Texas. It was a nightmare for him. took a year to get his rifle back from a dim wit that was hiding in a trailer in the midwest.

Hopefully dan just dropped off the radar like he usually does. and pops back up here soon. But if you are getting no where through the usual channels of communication that is your only course of action. He hasn't posted anything in over a month either

[Rough Gear Review]

Yep you need to go see the Escondido police file a stolen weapons report Contact the BATFE and the DOJ. I've been through this crap before with a customer in Texas. It was a nightmare for him. took a year to get his rifle back from a dim wit that was hiding in a trailer in the midwest.

Hopefully dan just dropped off the radar like he usually does. and pops back up here soon. But if you are getting no where through the usual channels of communication that is your only course of action. He hasn't posted anything in over a month either

Thanks, I was hoping he would pop back up but who knows. I will never use him again. I just hope to get my property back. Guess I'll be making some phone calls tomorrow.

[nicoroshi]

Hmmm,
You had problems once.....
Gave benefit of the doubt, and gave another chance.....
You had problems a second time......
Now you've come back for more?
What makes you think that things would be any different this time?
I don't know GSD so won't make assumptions but just looking at what you've posted I wonder why a third time on your part?

[Rough Gear Review]

Hmmm,
You had problems once.....
Gave benefit of the doubt, and gave another chance.....
You had problems a second time......
Now you've come back for more?
What makes you think that things would be any different this time?
I don't know GSD so won't make assumptions but just looking at what you've posted I wonder why a third time on your part?

Well the first time he said the humidity in his work shop is what caused the problem with he cerakote. I bought the excuse but who knows. Strike 1 for the gun not firing though.

Second time the guy said he had a heart attack. Did he lie? I have no idea but I gave him a pass just incase.

Third time? He emailed me a few times about this project I wanted done, I kept saying I wasn't sure about doing it and he seemed to have his act together so I figured I would try the small business local guy once more.

Yep, I screwed up. Doesn't mean I deserve to not get my property back.

[SVT-40]

It's not a police matter... It's a civil problem... You gave your property to him to repair.. So where is your contract?

I would guess you have none.
So it's your word against his regarding when the item was to be returned.

Additionally since you know he has a history of not returning calls, and delaying work it should not be a big surprise that he has again done these things.

The police may try and help you by calling the guy, but they will not take a theft report, as there is no evidence to support a charge that he intended to permanently deprive you of your property.

I'm not supporting the DB gunsmith.. Just counseling you what the police can and cannot do....

[nicoroshi]

Fair enough, and I probably would have done he same.
I hope things work out for you, and I hope Dan is alright.

[Rough Gear Review]

It's not a police matter... It's a civil problem... You gave your property to him to repair.. So where is your contract?

I would guess you have none.
So it's your word against his regarding when the item was to be returned.

Additionally since you know he has a history of not returning calls, and delaying work it should not be a big surprise that he has again done these things.

The police may try and help you by calling the guy, but they will not take a theft report, as there is no evidence to support a charge that he intended to permanently deprive you of your property.

I'm not supporting the DB gunsmith.. Just counseling you what the police can and cannot do....

Why would you "guess" I have no paperwork? I do have the paperwork. I see your point but that wont stop me from going to his location of his FFL.

[Rough Gear Review]

I took this from the ATF site in regards to required business hours. It looks like for gunsmiths you do not need regular business hours. But this part catches my interest since Dan does not give anyone an address, just a PO Box. I of course found his address that is listed on his FFL. I would guess this part is written so clients can go to the location and retrieve their property?

Further, if the business is conducted from a private dwelling, a separate portion should be designated as the business premises, which need not be open to all segments of the public but only accessible to the clientele that the business is set up to serve.

[kcstott]

Well it actually is a police matter. The police will want you to make an attempt to get your stuff back your self but they will take a complaint and possibly a report.

Thats said unless Dan is dead he will resurface. he always does. He has a habit of just tuning everyone out till he gets caught back up with stuff.

[valley82]

Wow, glad I haven't used him.

[SVT-40]

Why would you "guess" I have no paperwork? I do have the paperwork. I see your point but that wont stop me from going to his location of his FFL.

Good that you have some paperwork. Many fly by night smiths give none...

I do recommend going to his address. I'm only saying the PD will not get involved...I also recommend sending a certified with return receipt demand letter to the smith demanding the return of your property.

Well it actually is a police matter. The police will want you to make an attempt to get your stuff back your self but they will take a complaint and possibly a report.

Thats said unless Dan is dead he will resurface. he always does. He has a habit of just tuning everyone out till he gets caught back up with stuff.

I beg to differ.. I spent 29 years as a LEO, and dealt with many many similar situations. Unless there is specific and detailed evidence that the smith INTENDS to PERMANENTLY deprive the OP of his property it's not a criminal matter, and no theft or more correctly, embezzlement has occurred.

Since this smith has a history of this type of activity it is, in fact his routine, which the OP was aware of... So not a theft.

As I said the PD may make some calls to try and help, but they will probably not take any sort of report or complaint (same thing) , because no crime has yet occurred.

[Rough Gear Review]

[QUOTE=SVT-40;13296021]Good that you have some paperwork. Many fly by night smiths give none...

I do recommend going to his address. I'm only saying the PD will not get involved...I also recommend sending a certified with return receipt demand letter to the smith demanding the return of your property.

Thanks, I think I will do that if I cant get the gun back tomorrow.

[ranger682]

Good that you have some paperwork. Many fly by night smiths give none...

I do recommend going to his address. I'm only saying the PD will not get involved...I also recommend sending a certified with return receipt demand letter to the smith demanding the return of your property.



I beg to differ.. I spent 29 years as a LEO, and dealt with many many similar situations. Unless there is specific and detailed evidence that the smith INTENDS to PERMANENTLY deprive the OP of his property it's not a criminal matter, and no theft or more correctly, embezzlement has occurred.

Since this smith has a history of this type of activity it is, in fact his routine, which the OP was aware of... So not a theft.

As I said the PD may make some calls to try and help, but they will probably not take any sort of report or complaint (same thing) , because no crime has yet occurred.

Yes your right 100%. If your very lucky! the PD will meet you there to assist in the retrieval of your property but don't hold your breath, than there's the you owe me this, he said, she said.......

Live and learn, try and just get your property back as easy and gently as possible....friendly approach.