doublegunshop.com - home Forums Thread Like Summary - Legal question for you legal eagles..

Does anyone here have any legal experience with getting guns, parts, etc back from an out of state gunsmith who apparently, for all intensive purposes, has quit working and is no longer answering the phone, inquiries, etc?
The local police have been called several times and the most they can do is a “wellness” check to see if the guy is still alive, which they have confirmed a few times already. The ATF has also issued a cease and desist on the persons FFL….I’m not entirely sure what that entails or means. What I’m trying to avoid is this persons shop being taken over by the landlord and all of the items inside going to either auction or storage…..or possibly worse.
Looking at possibly taking the next steps legally…
Any help or advice is greatly appreciated.

.....The ATF has also issued a cease and desist on the persons FFL…"

The ATF Cease & Desist order is just a registered letter from ATF to the FFL holder.
It calls attention to something the ATF will outline in the letter to the FFL that the ATF deems to be outside the GCA for the operation under what class FFL they have been issued.

It will demand that the FFL 'clean up it's act' in so many words and get straight with the rules and regs of the GCA.
The letter demands that the FFL read and then sign and return the letter to the BATF as proof of reading, understanding and that proper followup will occur.

If the letter is not returned, the next step is a personal visit from the BATF to further insist that the business and legal rules and regs be followed.
It can go as far as BATF revolking the license and closing down the business.

Most common recent C&Desist letters are for the change in rules over the parts kits and 80% frames being sold.
But they can be issued for any violations from constant paperwork issues, local licensing noncompliance, etc.

A local shop was shuttered a couple yrs ago over security issues. Easy access, constant burglarys. The license was finally yanked. The County Sheriff's Office took away all the firearms and ammunition to their property room. I don't know what happened to the non gun accessory stuff. They didn't do any gunsmithing or at least didn't adv they did.

Any FFL has to list 'Open to the Public' hours on their FFL application and followup Renewals.
It may only be a couple odd hrs a week,,but it must be there.
It is not actually for the public. It is for the walk-in Inspection and Compliance check of the BATF AND any L/E that has reason to inspect.

Up to a couple yrs ago, anyone with an 01FFL that was marked 'Gunsmithing Only' did NOT have to list Open to the Public hrs. You could do 'By Appt Only.
That has changed. Even the 'Gunsmith Only 01FFL issues now have to put down at least a couple open to the public hours on that application/renewal.

Those 'Open to the Public hours' may be a foot in the door with a L/E Officer assisting. With that and proof of ownership of personal property in the shop to retrieve, it may be a way of getting it back.

I think BATF may have the Hours on FFL's on file

Just some thoughts.

I'd hire an attorney in the area where he's from. Have attorney draft a letter and mailed certified. That way you'll have some proof that he has received your letter.

Well that sucks.

It would be good to have a hard copy inventory of what you sent him, when it was delivered, serial numbers and details of what each part was. Call the attorney generals office of the state he is in to make a claim against his business with the inventory list you have. I would expect there are issues with taxes, fees and whatnot that are parallel to the issues his customers are having. Know anybody who lives in the area? A knock on the door can work wonders, I know of a few instances where that is all it took to get things square.

Really crummy situation to be in. Good luck.

Best,
Ted

It’s not that complicated.

I think one of the retired lawyers here will outline all the steps that keep you out of trouble.

Send the letter.
File a claim.
Get a judgement.

Go there with the Sheriff and retrieve your goods.

At least the smith is still alive.

No body wants to resolve commercial disputes at the courthouse.

I retrieved a car hoist with just the threatening letter.