Gun Store consignment situation

americanworkmule · November 11, 2009, 09:57 AM

Hi Guys,
I have several firearms at a gun store to sell on consignment. After a few weeks I went back to check on their status. I couldn't find my guns anywhere in the store on display for sale. I asked the counter help where they were and they told me the owner had them and put them on a auction site. I asked to speak with him and of course he wasn't on premises.

I've called back and returned to the store several times and can never catch the owner. No one will, or can tell me what auction site my firearms are on. I finally called the cops and they couldn't help because my agreement states the store has 90 days before they have to return my guns.

My argument is, why aren't my guns on location? Isn't there a law stating they should be?

Thanks,

johnbt · November 11, 2009, 10:37 AM

They could be on the premises in the safe.

Regarding the law, what does your copy of the consignment contract say?

I'd be more than irritated if my consignment guns weren't in the showcase on display.

John

docpadds · November 11, 2009, 10:59 AM

An FFL may store firearms at another location without issue.
Our consignment agreements allow us to store off site as long as we keep them insured etc..

NavyLT · November 11, 2009, 12:06 PM

and, once again, we have NO IDEA what state the OP is in, and yet the OP is asking what the law says and the OP can get 50 different answers because the law is different in every state.

**Frank Ettin** · November 11, 2009, 07:08 PM

Quote:

Originally Posted by NavyLT

and, once again, we have NO IDEA what state the OP is in, and yet the OP is asking what the law says and the OP can get 50 different answers because the law is different in every state.

Not only that, we also don't have nearly enough information about the terms of the consignment arrangement. What was discussed? How was the consignment documented, if at all? Was there a signed consignment contract or memorandum?

Without sufficient information, it's a waste of time trying to answer. There's no way that the OP can get a meaningful answer, and we'd just be speculating. In any case, as I've said before, the Internet is a lousy place to look for solid advice about a real life legal problem. One needs to consult a qualified lawyer.

johnwilliamson062 · November 11, 2009, 09:29 PM

AND we aren't even the proper court with jurisdiction, so all our legal eagle answers are naught in the first place!!! Gosh you guys, give the guy a break. I am sure he will include some more info when he can.

I bet you are screwed until the 90 is up though.

Don P · November 14, 2009, 08:19 PM

Quote:

and, once again, we have NO IDEA what state the OP is in, and yet the OP is asking what the law says and the OP can get 50 different answers because the law is different in every state.

+++++1 right on the money!!!!!!!!
Being the local police cannot help how bout maybe talking with the ATF? I would give one more shot at trying to talk with the owner and and if he is not around leave the message that the next phone call is to the ATF. Maybe that will get him to call you back

Pbearperry · November 14, 2009, 08:44 PM

if the dealer can sell my guns faster on an auction site and I get my money I would not be mad at all.The Dealer prob figures this is the fastest way to sell them.

johnwilliamson062 · November 15, 2009, 02:30 AM

I spoke with OP by PM. Seems the store owner was trying to pull a fast one, but once caught settled the matter such that OP was happy.

**44 AMP** · November 15, 2009, 12:26 PM

Granted the op was upset about the runaround, and not seeing his guns on display for sale, but what kind of "fast one" could the store owner possibly pull?

In the end it has to come down to "produce the guns, or the money". How could it be otherwise? Consignment is a contract sale.

I'd really like to know just what the dealer could have been trying to get out of it. Bungling incompetence, sloppy business practices, confusion/miscommunication, I can understand (but not condone), but "pulling a fast one" implies he was trying to get away with something, and I just cannot see what he might have been trying to get away with, considering, in the end he would have to cough up either the guns or the money, and if it came to that, he would incur more legal expenses than any potential profit he might make.

Al Norris · November 15, 2009, 02:08 PM

I'm a little more confused than that.

The OP posts on the morning of the 11th. The last post (until yesterday) was #6 on the evening of the 11th.

The OP was back online a little after noon (MDT) on the 12th, but failed to post anyhing. Did he even read his own thread?

But wait! There's more!

johnwilliamson062 informs us today, that the OP contacted him by PM with some kind of resolution.... So looking at the public information, I have to wonder why the OP didn't tell us this, back on the 12th!

OK. This has always been a pet peeve of mine: Someone opens a thread and never returns.

Yes, many threads can continue on and good information is spread by the folks posting... But this is a case that no amount of info could be imparted, unless or until the OP returned and fills in the details. This makes the thread utterly useless.

Here, we have some kind of resolution, told by a third party!

Aaaaaaarrrggghhhhhhhhhhh!!!!

November 11, 2009, 09:57 AM	#1
americanworkmule Member Join Date: April 11, 2009 Posts: 38	Gun Store consignment situation Hi Guys, I have several firearms at a gun store to sell on consignment. After a few weeks I went back to check on their status. I couldn't find my guns anywhere in the store on display for sale. I asked the counter help where they were and they told me the owner had them and put them on a auction site. I asked to speak with him and of course he wasn't on premises. I've called back and returned to the store several times and can never catch the owner. No one will, or can tell me what auction site my firearms are on. I finally called the cops and they couldn't help because my agreement states the store has 90 days before they have to return my guns. My argument is, why aren't my guns on location? Isn't there a law stating they should be? Thanks,

November 11, 2009, 10:59 AM	#3
docpadds Senior Member Join Date: July 8, 2009 Posts: 125	An FFL may store firearms at another location without issue. Our consignment agreements allow us to store off site as long as we keep them insured etc.. __________________ 07 Manufacturer and 02 SOT and 08 Importer. NRA Certified Instructor Pistol/Rifle. NRA RSO. Owner of GunEnvy. See our Facebook page for more.

November 15, 2009, 12:26 PM	#10
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,846	I'm a little confused... Granted the op was upset about the runaround, and not seeing his guns on display for sale, but what kind of "fast one" could the store owner possibly pull? In the end it has to come down to "produce the guns, or the money". How could it be otherwise? Consignment is a contract sale. I'd really like to know just what the dealer could have been trying to get out of it. Bungling incompetence, sloppy business practices, confusion/miscommunication, I can understand (but not condone), but "pulling a fast one" implies he was trying to get away with something, and I just cannot see what he might have been trying to get away with, considering, in the end he would have to cough up either the guns or the money, and if it came to that, he would incur more legal expenses than any potential profit he might make. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

November 11, 2009, 10:37 AM	#2
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	They could be on the premises in the safe. Regarding the law, what does your copy of the consignment contract say? I'd be more than irritated if my consignment guns weren't in the showcase on display. John

November 11, 2009, 12:06 PM	#4
NavyLT Junior member Join Date: January 25, 2006 Location: Oak Harbor, WA Posts: 1,719	and, once again, we have NO IDEA what state the OP is in, and yet the OP is asking what the law says and the OP can get 50 different answers because the law is different in every state.

November 11, 2009, 09:29 PM	#6
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	AND we aren't even the proper court with jurisdiction, so all our legal eagle answers are naught in the first place!!! Gosh you guys, give the guy a break. I am sure he will include some more info when he can. I bet you are screwed until the 90 is up though.

November 14, 2009, 08:44 PM	#8
Pbearperry Senior Member Join Date: December 9, 2008 Location: Massachusetts Posts: 283	if the dealer can sell my guns faster on an auction site and I get my money I would not be mad at all.The Dealer prob figures this is the fastest way to sell them.

November 15, 2009, 02:30 AM	#9
johnwilliamson062 Junior member Join Date: May 16, 2008 Posts: 9,995	I spoke with OP by PM. Seems the store owner was trying to pull a fast one, but once caught settled the matter such that OP was happy.

November 15, 2009, 02:08 PM	#11
Al Norris Moderator Emeritus Join Date: June 29, 2000 Location: Rupert, Idaho Posts: 9,660	I'm a little more confused than that. The OP posts on the morning of the 11th. The last post (until yesterday) was #6 on the evening of the 11th. The OP was back online a little after noon (MDT) on the 12th, but failed to post anyhing. Did he even read his own thread? But wait! There's more! johnwilliamson062 informs us today, that the OP contacted him by PM with some kind of resolution.... So looking at the public information, I have to wonder why the OP didn't tell us this, back on the 12th! OK. This has always been a pet peeve of mine: Someone opens a thread and never returns. Yes, many threads can continue on and good information is spread by the folks posting... But this is a case that no amount of info could be imparted, unless or until the OP returned and fills in the details. This makes the thread utterly useless. Here, we have some kind of resolution, told by a third party! Aaaaaaarrrggghhhhhhhhhhh!!!!