Any gunsmiths here ever use something like this? I have a few guns in the shop that have been waiting way to long to be picked up. One 1911 has been here for just a month shy of four years! I've called a couple dozen times, but no answer and can't leave a message. At least two others have been here close to two years. I recon a letter threatening to sell the guns is in order but I'm looking for advice from experienced gunsmiths.

Yes,, you have to notify them. Use certified mail, return receipt for proof they got it. Then, you have to wait a certain amount of time depending on your state laws. Common law for unclaimed property generally says that you can keep it but you have to jump through a few hoops first. A lein here in IA requires a court order, and a wait of two years 9 months. You don't need gunsmith advice, you need legal advice.

Yes,
Contact your local States Attorney, they will walk you through the process. Like dpcd said each state is different.

The guns are not worth paying a lawyer a dime; that's why I'm asking if anyone here has actually gone through this process. Thanks for looking.

John,

You should be able to do this using an on line service like Legal Zoom or something like that where you use their forms to make the filing and avoid having to use a lawyer. Here is a resource I found with a quick Google search.

http://www.zlien.com/mechanics...exico-lien-law-faqs/

The reason you call the local states attorney is he will tell you the legal process, waiting times etc.
Here in ND you have to send a letter telling them the firearm is done, and payment is expected in 30 days or under section XXXX of the ND century code you will sell the firearm for the bill , storage, cost of selling etc. and that if any funds remain you will mail them a check for the balance. You can even charge a reasonable commission for making the sale.

The letter needs to be mailed both certified AND regular mail.
'Some' people will not sign for a certified ! The 'mailbox' rule presumes that if you mailed it, they received it. I suggest you send it priority from the po and get a receipt. Keep it for your records.

quote:

Originally posted by Texas Killartist:
The letter needs to be mailed both certified AND regular mail.
'Some' people will not sign for a certified ! The 'mailbox' rule presumes that if you mailed it, they received it. I suggest you send it priority from the po and get a receipt. Keep it for your records.

And for a small extra fee, the P.O. will provide you a notice of the exact time and date they delivered it...no recipient signature required. I think they call it "delivery confirmation", or something like that. I've used it several times. Even big companies use it; Amazon uses it on every package they mail.

Personally, when I had customers like that I also added storage & insurance fees to their bill.

The way some people seem to be these days, it wouldn't surprise me to find a gun left like that being used as a basis to scam me/you.

I.e., they leave it a couple or more years,/you finally give up and sell it, and then they want it or some inappropriately large amount of money in lieu...threatening a criminal complaint if I/you don't comply...

Me, I just add the guns to my personal guns which I use as I see fit. If they ever do show up to claim them, I then charge them insurance and storage fees, and give the gun(s) back to them. If they don't like the shape they're in by then, I tell them they can either accept them like that or I'll add late payment fees as well.

I have one rifle for which a person paid me in advance (he was buying it from me), but refused to send me a dealer's FFL so it could be sent to him. I notified him by registered letter that I considered the rifle still mine and would be using it as I saw fit until he sent me an FFL so it could be sent to him or his dealer. That was 15 years ago and I have never heard from him again.

I may be a bit paranoid, but I often wondered if the purchase wasn't part of a BATF scam, testing to see if I would send a firearm to an unlicensed person. At that time BATF was using "plants" at our local gun shows to see if any of we licensed dealers would sell to a person who was not 4473-eligible. Wouldn't have surprised me if they had a "special fund" from which the purchase price of that rifle was paid.

Anyway, I have always felt quite secure with my stance for a small claims court hearing if it ever came to that.

I guess I got that way early on when I accepted half a dozen rifles for consignment sale at prices which were I thought were not likely to make them sell. Turned out the guys (two brothers) didn't really want to sell...they just wanted me to store and insure them free of charge while they went on a 3-4 month safari to both British West Africa and India (Indian shikar hunting for tiger was still available then).

I don't recommend keeping both the money and an article that someone has paid for. You would not win if he filed a claim against you.

Depends on how long he didn't respond. Storage fees and insurance do add up. I have always resereved the right to charge 1$ a day after 30 days. And I have always made it plain to every buyer that the cost of their gun is not just money...it is money AND the proper documentation to receive it, with a 40% restocking fee (at my option) after 30 days if they don't complete or cancel the transaction in that time. So, unless they ask for their money back and say that have changed their mind or have some other valid reason, after 30 days I keep both until they furnish the required payment AND permit (if any) requirements.

If they have a valid reason and the rifle hasn't missed a dozen or so later opportunities to sell where folks wanted it but I didn't sell it to them because of the commitment from the original buyer, then I just send them their money back, registered, and return service requested.

And, as I first apply money paid to me against any storage fees after 30 days, then they still owe the rest of the total money due in order to to complete the transaction at that later date.

That means that on the sale of a $450 gun, after 480 days all they have paid for is the storage and insurance...they still owe $450 to actually get the gun at that time, if I don't want to make an exception to policy. In effect what they paid $450 for during that 480 days is a day-by-day purchase option, not a gun.

Since I have never been a money-gouger on price or quality of goods, I have had zero complaints for my business policies. Any person who doesn't like them, don't buy from me...it's that simple. I DO expect the people to whom I sell to stand by their words...in fact, I insist on it. I don't WANT to sell to people who cannot be trusted.

BTW, Did your roughly 30 years in the service qualify you as a small claims court judge in all 50 states?

The way things are on court TV shows is not always the way it really is. You can win a judgement, but that doesn't mean you'll ever see a penny. Mechanics lien was mentioned. My dad was an electrician and someone did not pay him for wiring their house. He filed a mechanic's lien. What a joke. It has to be renewed every few years( A fee for doing so) then if they ever sell their house he MIGHT get some money--probably not. That same magistrate court handles traffic tickets too--don't pay them and you go to jail. Where is the justice?

Why, yes, it does. Thanks for pointing that out. I court martialed a number of soldiers during that time which probably qualifies me for the Supreme Court.

When you do get to the point where you decided to keep the firearm, you might have the serial # checked through law enforcement to make sure they don't report it stolen, or that it is in fact not already stolen. There must be some way to make sure through documentation at that point, that they can not report it as stolen and cause you future grief. When ever I buy a firearm from an individual and it does not go through the ATF check, I have a friend in law enforcement run the numbers for me to make sure I have a cleared weapon.

quote:

Originally posted by Wes62:
When you do get to the point where you decided to keep the firearm, you might have the serial # checked through law enforcement to make sure they don't report it stolen, or that it is in fact not already stolen. There must be some way to make sure through documentation at that point, that they can not report it as stolen and cause you future grief. When ever I buy a firearm from an individual and it does not go through the ATF check, I have a friend in law enforcement run the numbers for me to make sure I have a cleared weapon.

Agreed. Good point.

Here in Phoenix every dealer has the right to have a SN run by the local PD at any time of day or night. That is a result of a city ordinance which requires every firearm bought or taken in pawn by a business to be reported within 24 hours to the Pawn-Shop Detail of the Phoenix PD to see if it is hot. Since they are going to have to check it anyway, they are perfectly willing to do it over the phone while you wait, so most of us do it before we even finish the purchase/pawn transaction. Nobody wants to pay some scum ball good money, only to lose both the gun and the money if the firearm turns out to be stolen or otherwise not the property of the seller.

I once bought several nice pistols from a Marine who was home on leave, and they all checked clear. However, a few days later his dad came to the store, saw one of the guns and demanded I give it back or he would call the police.

I told him the police had cleared the sale already as the guns were not listed anywhere as stolen. He then told me he hadn't reported the theft as he didn't want to get his son in trouble. My response was that if he wanted to give me back the money I had paid his son for them, I'd give the guns back to him. But, if he didn't want to do that, I would keep the guns. He then threatened to go to court to get them back. I told him, Fine, and I will press criminal charges against your son if you do.

So he bought them back. I was not out the purchase price, and the issue of the money became a father-son affair, not mine.

And, of course we are always required to see some form of government-issued picture ID when buying from anyone except another dealer, wholesaler, or manufacturer.

So it works pretty nifty here...as you have the ID in hand when you call the gun in for a "hot-check", if they say it's not a legal sale, you can read the address and name off of the ID right to the cops while the guy is standing in front of you.... If it is a legal sale you can go ahead and buy it, but you still have to retain in your records who sold it...just like any/every shop is required to do by the terms of their FFL.