Missing firearm?

[rickjames80]

Well the unthinkable happened. I had a shotgun at a local gunsmith and well, it seems to have gone missing. I am looking for advise on how to handle this?

 

[BRTreedogs]

Ohh no man. Lame
I'd tell him he has 24 hrs to see if he can find it then you are going to file a police report.
But I'm known to be dramatic.
Did he off any kind of offer as to the value? Any ownership to make it rite?

 

[rickiesrevenge]

I bet he can lose his FFL because of stuff like that. Not sure how you lose a shotgun but I'd give him a chance to find it and if it cannot be found I'd call the ATF

Aaron

Sent from my SM-G892A using Tapatalk

 

[alexanderg23]

Make him replace it or call ATF. I bet they can explain to him how that’s unacceptable.

 

[Fridaythe13th]

I'm sure it well show up. My gunsmith has 5,000 guns. It has to be somewhere close by. Good luck

 

[rickjames80]

He said that he had a couple theft issues with some former employees. He has offered some cash to find a replacement and some "credit" if the replacement needs some work. He is apologetic, but that doesn't really help

 

[Schism]

What model of shotgun? If it was a run of the mill Rem 870, 1100 or similar, I don't know that I'd push the issue and perhaps settle for some cash and credit. However if it was an older, rarer, or even worse a family heirloom I would be full on pissed and nothing short of getting my shotgun back would appease me.

 

[rickjames80]

What model of shotgun? If it was a run of the mill Rem 870, 1100 or similar, I don't know that I'd push the issue and perhaps settle for some cash and credit. However if it was an older, rarer, or even worse a family heirloom I would be full on pissed and nothing short of getting my shotgun back would appease me.

Winchester Model 25. I wish it would have been my 870. The gun was my wife's grandpa's. I haven't even shot it. It was given to me with a broken firing pin and a small crack in the action slide. I figured I would get it all fixed up and use it for birds. Turns out that is probably not going to happen. I gave him a few days, but he states it is just not there.

 

[Rodéo]

I'd report them asap and take action to get the gun/value of the gun recovered. That's unacceptable and they shouldn't have an ffl license if this is a recurring issue as it seems to be.

https://www.atf.gov/firearms/report-firearms-theft-or-loss

 

[BRTreedogs]

You may want to check if you have any local reporting laws aka time line.
Isn't it within 48 hrs in some states?

 

[22lr]

Ask them what they are going to do about it. No need to get pissed until your sure they are not going to make things right.

Regardless, file a missing or stolen firearm report with the local PD with serial or at least as much info as possible. There is always a chance the smith got it stolen and isnt aware. Any smith worth anything will make the issue right. If they dont... well ya, give the ATF a call and ask them how to proceed or if you can file a report. If you need to go small claims route, your gonna need a receipt or proof that you dropped it off with them.

 

[Salmonchaser]

Please file a police report. We took guns off bad guys all the time, if the gun was reported stolen we had them for at least one felony. Good chance you’ll get the gun back then as well.

 

[Bubblehide]

In the I am in it is a legal requirement to report it stolen. I would be surprised if any state did not require that in today's day and age.

 

[Brendan]

100% Police Report and report stolen.

He owes you for the full value of that gun, and you can tell him a claim against his insurance is happening unless it's resolved to your liking, which will cost him for the gun, and then premiums going forward for years.

 

[Reburn]

I agree with the others. Report stolen.
Full value replacement check is the only thing I would personally accept.
I would also check to see if he even has a valid FFL. If he does I would file a complaint or see what actions are avaliable to you.

 

[Desk Jockey]

Hmmm...at a personal level, he should be doing more to make it right. Full replacement on his dime.

broadly speaking... He has 48 hours from the time of loss to report to the ATF. you should file a police report with local PD and save a copy In case the gun turns up down the road and is traced back to you.

We had an issue where a shady FFL “lost” some really nice AR lowers Doing an online transfer for my stepdad and they offered some shitty, low cost replacements. When we contacted local PD and the ATF this is what I learned...

Local PD probably know the local FFL but they will take a report. The ATF won’t take the report straight from you but if he didn’t file a report already then he is wrong. Per the ATF an FFL has 48 hours to (1) contact local PD (2) call atf hotline and (3) fill out formfor the ATF. They don’t like guns going missing from FFL inventories.

Report Firearms Theft or Loss | Bureau of Alcohol, Tobacco, Firearms and Explosives

Reporting for Federal Firearms Licensees Any Federal Firearms Licensee (FFL) who has knowledge of the theft or loss of any firearms from their inventory must report such theft or loss within 48 hours of discovery to ATF and to the local law enforcement agency. (Regulations at 27 CFR § 478.39a...

www.atf.gov

BTW - those AR lowers showed up 2 days after we contacted local PD, although it lookEd like one of them had been opened and attached to an upper receiver. Alls well that ends well, I guess.

 

[Marbles]

Looks like as an FFL he had 48 hours to report it lost or stolen to the ATF.

Of course he should pay for it. Money cannot replace the sentimental value, but any decent person would pay (or make an attempt to pay) for property they lost or destroyed. A business should have insurance for such things, so even if the value was astronomical, it should not cause bankruptcy. Of course we are not talking about an astronomical value, but the point remains valid.

As a business transaction, I'm not sure how much the police will do if you file a report. It cannot hurt, but you may be left with little closure as they will probably see it as a civil, rather than a criminal issue. I would ask if he filed a report with the ATF and ask for a copy of the written form for your records. If he did, then I would start by filling a BBB complaint and go from there. The ultimate resolution may require a small claims suite unfortunately.

If he did not file a report with the ATF and/or cannot provide you with a copy of the form, I would then report it to local PD and the ATF so that you are covered.

 

[rickjames80]

Good advise guy, thanks for the info. Can someone give me a non biased value of a Win Model 25? I am struggling with the value of a gun that I would never consider selling... It was in very good cosmetic condition, but did have the two issues listed above

 

[LLB]

Sorry about your loss of the gun but to echo the others, follow up with police and ATF if needed. How do you put a price on a family heirloom?

 

[Stid2677]

Good advise guy, thanks for the info. Can someone give me a non biased value of a Win Model 25? I am struggling with the value of a gun that I would never consider selling... It was in very good cosmetic condition, but did have the two issues listed above

I would ask him for a "like item",, that way he can source. He can buy one from gunbroker and make it as right as can be done at this point.