FFL Closed kept consignment gun

[FIREBALL_BRIAN]

What can one do to locate an FFL to obtain a handgun after the shop has closed and individual was not contacted about the consignment handgun

Robert Cornell
My Gun Store - Roseville

[PolishMike]

Small claims?

[FIREBALL_BRIAN]

thats what ATF said. Is their really no other way. Just baffled at this

[PolishMike]

thats what ATF said. Is their really no other way. Just baffled at this

Not that I know of. You legally gave them possession of the gun so its not stolen. It becomes a civil matter.

Do you have the contact info for the owner?

[CSACANNONEER]

You left the gun on consignment at a shop. Someone has removed it from the shop and not paid you. It sounds a little like theft. Or, at least you could try arguing that and report it to your local LEA. But, chances are that small claims is the right way to go.

[CSACANNONEER]

Not that I know of. You legally gave them possession of the gun so its not stolen. It becomes a civil matter.

Do you have the contact info for the owner?

He gave them permission to try to sell it at a certain location. Nowhere did he give them possession to do whatever they wanted with it. Could removing it from the location could be seen as theft or, at least, a breach of contract?

[PolishMike]

He gave them permission to try to sell it at a certain location. Nowhere did he give them possession to do whatever they wanted with it. Could removing it from the location could be seen as theft or, at least, a breach of contract?

Breech of contract yes - but that is a civil matter. They went out of business. I don't see any other way. If the FFL was a Corp then you would have to see if they filed bankruptcy.

[FIREBALL_BRIAN]

https://www.facebook.com/MyGunStore

http://mygunstoreca.com/catalog.php?category=104185

This is the shop. The FB page seems actively used

[PolishMike]

Did they close down?

[PolishMike]

Looks like the FFL is in his personal name. The agent for service on the LLC is listed as legal zoom.


Entity Name: MY GUN STORE LLC
Entity Number: 201306810159
Date Filed: 02/05/2013
Status: ACTIVE
Jurisdiction: CALIFORNIA
Entity Address: 2001 OPPORTUNITY DR
Entity City, State, Zip: ROSEVILLE CA 95678
Agent for Service of Process: LEGALZOOM.COM, INC. (C2967349)
Agent Address: *
Agent City, State, Zip: *

[the-right-way]

That is really screwed up beyond words. It sounds like theft to me, but I am sure civil will be what the police tell you.

[FIREBALL_BRIAN]

Thanks all. If anything happens I will post an update

[dustoff31]

Go to the PD/Sheriff and make a complaint for theft of your firearm. Let them find him for you.

PENAL CODE SECTION 484

484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft.

You entrusted the firearm to him for a specific purpose. He has a legal duty to either fulfill that purpose or to return it to you.

[OniKoroshi]

Looks like it happened to at least one other person.

http://www.calguns.net/calgunforum/showthread.php?t=1078704

[edgerly779]

In the case of the gun shop in Colorado on TV he was arrested for not returning consignment firearms as grand theft. Talk to local pd where ffl located and file theft report. They will find the ffl . Go ahead and file small claims at same time and use the theft report s evidence and any emails with the ffl and the atf.