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[pigman]

I have a buddy who put a pistol on consignment with an FFL, He contacted the FFL every 6 months who said he should be able to sell it, just be patient, well 3 years later, they guy still is telling him the same story.

Now my buddy wants it back, the FFL wants to be compensated for his time / energy.

Is it legal for him to charge $XXX.XX to give it back to the legal owner?

Anyone have any info? Would be most appreciative.

[macey109]

Compensated? for doing what? What was in the consignment arrangement? If he doesn't give it back I would seriously contemplate contacting a lawyer or the police.

[Meety Peety]

All depends on the contract. Generally, it's not customary for them to charge you if they fail (Yes FAIL) to sell the gun, however it would be understandable if the dealer had been listing your firearm on Gunbroker or other similar websites or dragging it along to gunshows etc. If it's not mentioned in the consignment contract, but he wants some cash anyway its basically just a judgment call.. did he actually go out of his way and try to sell it or did he just stick it in his showcase and forget about it?

First thing to do is find out what the contract says. Consignments are almost always overpriced simply because the seller wants fair market value and the dealer wants something worth handling the transaction so its common for them to take forever to sell or never sell at all. If this is the case, I wouldn't be surprised if he put something about mandatory compensation in the contract somewhere.

*EDIT*: Forgot to mention, if he didn't have you sign a contract at all, first laugh at him for being shady/stupid and then simply demand the gun be returned. I've actually heard of places (Not gun related) that didn't have consignment contracts, which is incredibly shady. Both of you should have an identical copy with both yours and his signatures.

[CharlesV]

I think this situation shows a lapse on everyones part. If i put a gun on consignment i'm going to have a writing and a time limit like 6 months so that i can remove it and place it with another shop with no further obligation by me and certainly no cost. Or better yet, dont use consignment at all, keep your gun in sight at all times and control your own marketing. Use Calguns, for example! There are myriad ways to sell and consignment, my view, is the lazy and least desirable way of all.

[kemasa]

One positive aspect to a consignment is that often the sales price will be higher. People who know how to look for a good deal are different then those what will go into a retail store and buy an item. There is a big difference between seeing pictures and actually seeing the firearm. The fees might make it so that you get less, but not always.

Any firearm which is placed on consignment have to be transferred back to the owner, so there is going to be some cost, the DROS.

[G1500]

Depends on how the consignment was done, and what the agreement was for.

[Capt_Communist]

I'd give the FFL the opportunity to return the Firearm via a standard $35 fee for a PPT back to yourself and if he says anything else I'd rock his world.


just my 2 cents.

PS who is doing this?

[pigman]

I will post the name of the FFL next week if this does not get resolved, thanks again!