NH FFL Went Out Of Business, Ducking Me To Return My Consignment Pistol. Recourse?

I had stuff on consignment at an antique shop in Rockland Maine 25 years ago. Ebay was still in its infancy. They were listing my shit on ebay and selling it for WAY more than I was pricing it at. They would pay me my price if it sold and keep the difference. One day, I noticed some things were missing. Got the whole, "we're not responsible for theft" bit (they're not, I signed the contract). I notice on ebay the three items in question had been sold. The seller was them. I said, "so, three items are missing, you sold them, I didn't get paid". "Oh, the buyer wrote us a bad check, so technically they are stolen so GFYS." Um... No.... so, I sent them a letter through our family's attorney to cease and desist such activity without my prior consent or revise my contract and compensate me for 50% of net gains. They kept doing it and backdating the purchases in my account. I tend to not shit where I eat, so I let it go since nothing else went missing after that. 2 months later, I put a rather heavy item on the glass shelf that was mine (3rd up in the case), but said item was stable on a similar glass shelf at home. They were using these little flimsy plastic catches with These little dainty #4 wood screws. Well out they came and down went the shelf, and the 40 or so pounds of shit on it. I sustained $50 worth of damage to my stuff, they lost $20 worth of glass, and the guy below me lost $400 worth of inventory. They came to me to discuss "damages". I said they are liable since it was their equipment that failed. They said they could sue me for negligence. I said, "How about I call the state's AG office and have a discussion about your ebay practices". That was the end of that. I informed them that by listing the item, the shop took the item into their personal custody without compensating me, and without my consent, and that constitutes theft. They kicked me out of the shop and never went after me for 'damages'. Years later I found out the guy that lost the $400 worth of stuff sued them in small claims court and won. He got almost $2k including legal fees since he was able to prove the shoddy craftsmanship of the cases was outside the scope of the waiver. The judge agreed. They never paid him until threatened with contempt.
 
If its only a repair/work no 4473 is required. It just logs in and out as a repair its that simple.
I had a repair take 3 months and probably 10 calls.... I eventually called and advised he was on speaker. I was at my LGS and he knew that. I said, "Is the firearm ready to ship" (yes) -- he previously indicated it would be done on the day I called. "Do you have the ability to ship it today." (yes). I was also buying a gun from him at the same time, so was setting the transfer up 'live on location' at the same time hence the speaker-call. The LGS guy figured out my dilemma with the repair and just goes, "wtf, want us to call the ATF for you? They'll get that shit fixed REAL fast". He heard it, we knew he heard it, he knew we knew he heard it. I had a tracking number 2 hours later.
 
I had a repair take 3 months and probably 10 calls.... I eventually called and advised he was on speaker. I was at my LGS and he knew that. I said, "Is the firearm ready to ship" (yes) -- he previously indicated it would be done on the day I called. "Do you have the ability to ship it today." (yes). I was also buying a gun from him at the same time, so was setting the transfer up 'live on location' at the same time hence the speaker-call. The LGS guy figured out my dilemma with the repair and just goes, "wtf, want us to call the ATF for you? They'll get that shit fixed REAL fast". He heard it, we knew he heard it, he knew we knew he heard it. I had a tracking number 2 hours later.
Why would you keep supporting the guy? And buy another gun from him
 
NES - "Abolish the ATF and FBI"
Also NES - "call the ATF and the FBI"









































I had to [rofl]

To be fair. . . . . the ATF's role really only SHOULD be that FFL's are following the laws on the books. Nothing more. This is the exact reason to call them.
1. Eat the loss.

2. Livestream yourself knocking at his door and demand restitution.

3. Call the ATF and get him Weavered.

You could sell tickets to the ATF to see who gets to shoot his dog and make back all the $ lost on the gun. Win win win. . . and lose (for the dog).
 
My gut feeling originally felt like there is no longer a gun to give back. I'm hoping for a positive outcome for the OP.

My guess is the shop sold his gun and the guy used the $ to pay money and never paid the OP back but instead of just coming clean about it keeps beating around the
bush. Meanwhile if he had just come clean with the OP ages ago and paid the OP in installments or something OP would have his money and wouldn't be pissed off.

It's amazing how people tend to cage themselves into a corner of problems of their own creation but if they were just up front about things they could save everyone involved a lot of
trouble.
 
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