California FFL Transfer Problem

[fishnbeer]

I agree with not making any more details public. Dont give him the opportunity to know your evidence, then he knows what to dispute/deny. At this point you know legal action is the only way to proceed. Document everything. He said/she said does not stand in court.

Thats a bad situation to be in. Guy sounds like a tard. Good luck to you

[mbcris]

You need to contact a California lawyer ASAP.

The first thing that a lawyer will advise you to do will be to remove your posts on the matter.

The NRA uses Michel & Associates, P.C. for their California-based firearms litigation. They are located in Southern California and offer free consultations. I would reach out to them for starters. You need to be very careful at this stage. There is crucial evidence at play and you need advice of counsel on how to proceed without tainting that evidence. I would not recommend trying to get the "parts" sent back to you with first retaining an attorney.

Unfortunately you encountered a pretty terrible FFL, hopefully it does not ruin California transactions for you. Good luck.

Thanks Lorax...good advice.

[rromeo]

Unfortunately you encountered a pretty terrible FFL, hopefully it does not ruin California transactions for you. Good luck.

And this is the truth. Almost nothing in this situation is a California issue. The issue is a FFL holder that is a jackhole. Those people reside the world over, and even hold FFLs in all 50 states.

[JDay]

The FFL knows he screwed up. That is why he wants you to sign a release of liability. I'd call the ATF and let them deal with it. I have a feeling this FFL will lose his license at the least.

[kemasa]

The bottom line summary is that the FFL does not know what he is talking about.

The second-hand dealer issues is ONLY for firearm purchased for inventory from local CA residents, not for firearms shipped in for transfers.

The law allows for anyone to ship a firearm to a FFL. The FFL has a choice to not accept firearms from non-FFLs, but that has nothing to do with the law. Since the FFL agreed to the transfer, the FFL really does not have the right to destroy the item. If the FFL had turned over the firearm to the police, then you could have retrieved it.

There is no actual requirement under the law that a copy of the ID of a non-FFL be provided, but it is a good thing and some FFLs have such a requirement for them to accept firearms. The CFLC only applies to FFLs, as you said.

If I can assist you, let me know. I have been an FFL for over 21 years.

BTW, I seriously doubt that the FFL would lose their license. This is really just a civil matter, although if he destroyed a firearm in the wrong manner, then that could be an issue, but I am not sure of the details on that.

I would file a small claims suit asap. Make sure that you go for a high amount since if he does not show, then you might get a default judgement. Once you get the judgement, you can have some fun, especially if you have someone pay by check so that you get his account information.

[stretch2]

You need to contact a California lawyer ASAP.

Agreed. As interesting as this thread is, the flip side is that you could be setting yourself up for a defamation suit. Get a lawyer, let him do the talking for you.

[Librarian]

Since this either should or will go off into lawyer-country, closed.

mbcris, if there is a resolution, feel free to post that info in a new thread if you like.