How does a Shooter Collect $7,000+ on a gun sale

The shooter had a Gun Club manager put her gun up for sale, and sold it, and took in guns on trade on it, sold them and kept the Money
and then got cash difference and kept it, total was over $7,000, he was the manager of a gun club, can a Lien be filed on the gun club since he was the manager? Was it a federal offense since it was a firearm? What steps legally can she take to get her money back since it is a Felony Theft, Since the dollar amount is the deciding point on the felony level of the violation.

Gary Bryant.....................................Dr.longshot

 

Report gun stolen, notify the police of who has the gun and they will create a trail to the person who sold the stolen gun to the newest owner and that person will be charged with Grand Theft ( ?) ... Felony because a gun is involved ..? WPT ... (YAC) ...

 

Gary she should contact ATFB and talk to them. They really are good people.

 

If there is nothing on paper to legally imply a "Consignment" technically the gun becomes stolen property once its sold to another person and not paid for as agreed upon (if agreed upon) ...
Selling guns can muddy the waters really fast if all terms are not complied with by both parties (if) ... I would call the local Police and ask a few questions, they can give the right and accurate answers as well as help resolve any problems ... WPT ... (YAC) ...

 

Did she get the amount she asked for?

 

She didn't get anything, that's the problem ... I would do something ASAP, don't let the ink dry and press charges if there are any to be pressed ... WPT ... (YAC) ...

 

How did the guy justify not paying her for the gun?

 

Have no heard that part yet ... Only getting bits and pieces so far ... WPT ... (YAC) ...

 

He gave no reason for not paying her, she was warned by many not to trust him.

GB...........................DLS

 

Gary has she contacted the authority's to try and sort thing out ..? I find it hard to believe nothing can be done to help her get what she has coming ... Post the club and persons name being as it is the truth it cannot be deemed defamation ... If enough people know how this guy does business he might not be in business much longer ... WPT ... (YAC) ...

 

I hope you guys are not easily offended. Tough subject matter for my first post.

Let me make sure I got this straight: a lady gives another person her gun. There is no paper trail to substantiate the intent and now this lady wants to collect money after she gave this person a gift?

He said she said...happens all the time with jewelry (ie: engagement rings), without paperwork she is probably SOL. Contacting ATF is the best thing she can do.

Why would you post his name and make him out to be a sleaze bag? You have no proof or truth that is the real story, just third hand information. Stolen gun once sold?...I give you a gift, you sell it and now the third person is a criminal because you sold my gift?

Let's muddy the water even more...what if this firearm is used in a crime while she is sitting around feeling sorry for herself? She is probably the registered owner. How could she explain her way out of this one. There are a lot of bad scenarios I can think of that puts her in the hot seat.

In my own personal opinion, she deserved what she got. She is too stupid to own a firearm and to irresponsible to own another if she ever collects on the gift she gave this man.

I am not affiliated with any parties above but I just could not refrain from posting as she is another reason people say guns are bad.

 

Low Tide, (Welcome)
So you obviously have information that this gun was given as a "Gift" on consignment by/to a person who sold the Consigned item and does not pay the seller ..? I certainly agree there are many gaps in the story but to eliminate the innocent she may have to involve the person who bought the "Gift" that was on consignment and now that first seller (consignment seller) will not remit payment to the listed seller ... I hate to say it but there are people in this world who will (try) take advantage of others especially a woman if given the chance ... Getting ATF involved would be the least I would do, that is her choice ... You made a statement that "You have no proof that is the real story " yet you seem to make her the one who did something wrong ( stupid maybe) but I do not see wrong doing on her part unless she does not pursue getting justice done ... You obviously have proof to back up what you are saying or is it speculation also ..? I would post his name and let him prove he is not a "Sleaze bag" or get used to being one and called one by others ... WPT ... (YAC) ...

 

WPT, no sir, I have zero knowledge of anything of this incident other than what was written here.

My post was intended that she may very well be a victim but as it is written there is no words eluding to whether there was a consignment arrangement at all. Just because it appears that might have been the intent, paperwork can prove it or a lack of a contract can disprove it.

Believe it or not there are no laws about being a sleaze bag, but there are laws about slander and if one slanders another they could find a nicely written demand letter from an even bigger sleaze bag attorney that the guy finds on the side of a bus.

I did not intend to say what he did was wrong or what she did was wrong. The stated incident has gaping holes and I merely filled the other side of possibility. If there is no paperwork then most likely she will find herself on the not so happy side of the story.

I also stated that contacting ATF is the best thing for her to do and let them go to bat for her. Filing a report with the police that this guy stole her gun might turn out to be a criminal offense on her part. Let ATF go to work.

Once again WPT and others, I have no, none, nada, zilch, info on this other than the above posts and in the end the right person will become the victor. This can also be an educational moment for us all to remind us of our responsibilities as responsible and law abiding firearms owners.

 

ps: thanks for the welcome WPT.

 

From .... http://www.legalmatch.com/law-library/article/theft-by-conversion.html

"the key element is that the person obtained possession of the property in a lawful way, but then used it in an unlawful manner for their own gain. This is different from other forms of theft where possession is obtained through force or threats of force (as in armed robbery). Deception is often a main element in theft by conversion"

"Theft by conversion occurs more frequently than most people know. However, some people may not be able to recover their losses because they don’t know how to proceed. You may wish to contact a lawyer if you believe that you have a claim for theft by conversion. Your lawyer can help you file your claim, and can represent you in court during formal hearings."

 

I've been burned a few times like the above. I trusted a few people I shouldn't have.

Unless she has paper documentation or a good receipt with Ser. nos. she's going to have a hard time if at all.

An Attorney friend of mine told me always get a receipt for anything; bought, sold, consigned or anything else.

Regards....Gerald

 

If she purchased the gun new there could very well be a paper trail of sorts from the retailer ... She may also have it listed on her home owners (itemized) or on an Insurance policy for her guns which would show to a degree she actually owned the gun ... The point User 1 is making if valid but theft by deception is still theft any way you look at it ... WPT ... (YAC) ...

 

Sometimes the "Jury" has to convene after the sun goes down !!!

 

As stated above by the "Unloader" if all else fails ... If it can be done, there is always a way ... Shit happens especially to those who do unto others ... OOpps ... WPT ... (YAC) ...

 

Depending on local laws it seems to me that the sale of the gun would need to be recorded. If the manager cannot prove he obtained the gun lawfully, then that with the testimony of the end purchaser should prove theft by conversion. But I'm in Illinois where they have all kinds of laws like that they don't enforce.

 

This could be a legitimate gripe or sour grapes not enough first hand information to speculate on. Does the manger or the club have an ffl? If so there has to be a record of the transaction. Here's the real question what was the agreement between the two parties? If what happened is that the gun was traded for other inventory it may be that the owner will have to wait until the total transaction completes. Here is a question was any payment for the gun offered by the Manager and did the seller refuse any partial or full payment.