Refusal to Transfer
I need help with this.
Two weeks ago I went to Northern Michigan Fast Cash, 1013 Walter Street, Alpena MI 49707. I asked the individual behind the counter (Dave Karchnik) how much it would be to transfer a shotgun in from Texas and if he does firearm transfers. He said that it would be $20.00. I asked him for a copy of his FFL to send to the seller to have it shipped to him. At that time he gave me a copy of his FFL and I gave him my contact information. The shotgun was shipped to him UPS, and it arrived today 2/4/2005. When I went into the business to pick up the shotgun he refused to transfer it. He said that I needed a copy of the shippers FFL and that he would not transfer it to me without it. I said that it was shipped from a private individual. He said that he would not transfer from private individuals because people were buying things off Ebay and it pissed him off. He then said I told you that before. Which is a lie, when I asked him about the transfer, originally he only said that it was $20.00 and that I could ship it to his business. He had a drunk or mentally challenged friend behind the counter that also said that they would do the transfer for $100.00 or so and this was to prevent people from buying guns off of the INTERNET. I asked him for a copy of his policy not to do a transfer from private individuals and he said "I just told you!".
So I need to know what rights if any I have here.
a) How long can he hold my gun.
b) This seems to be a form of price gouging.
c) Whom should I report this to as he refuses to transfer me the gun until I pay him $100.00 or so to do it.
d) The shipper is non-FFL and this Karchnik knows this as he has the shipping documents and bill of sale that were enclosed in the box.
Thank you in advance
Graham
Two weeks ago I went to Northern Michigan Fast Cash, 1013 Walter Street, Alpena MI 49707. I asked the individual behind the counter (Dave Karchnik) how much it would be to transfer a shotgun in from Texas and if he does firearm transfers. He said that it would be $20.00. I asked him for a copy of his FFL to send to the seller to have it shipped to him. At that time he gave me a copy of his FFL and I gave him my contact information. The shotgun was shipped to him UPS, and it arrived today 2/4/2005. When I went into the business to pick up the shotgun he refused to transfer it. He said that I needed a copy of the shippers FFL and that he would not transfer it to me without it. I said that it was shipped from a private individual. He said that he would not transfer from private individuals because people were buying things off Ebay and it pissed him off. He then said I told you that before. Which is a lie, when I asked him about the transfer, originally he only said that it was $20.00 and that I could ship it to his business. He had a drunk or mentally challenged friend behind the counter that also said that they would do the transfer for $100.00 or so and this was to prevent people from buying guns off of the INTERNET. I asked him for a copy of his policy not to do a transfer from private individuals and he said "I just told you!".
So I need to know what rights if any I have here.
a) How long can he hold my gun.
b) This seems to be a form of price gouging.
c) Whom should I report this to as he refuses to transfer me the gun until I pay him $100.00 or so to do it.
d) The shipper is non-FFL and this Karchnik knows this as he has the shipping documents and bill of sale that were enclosed in the box.
Thank you in advance
Graham
0
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I'd contact the ATF. You can give him a world of hell if he is doing you wrong (which seems that he is). I had a store in town try to do the same thing to me. Charge me 120.00 for a transfer. I told them they were HIGH and I left. Call the ATF and see what the next step should be. 0 -
The shotgun is a piece of valuable property. You have paid for it. It is yours. It is only in the dealer's possession as part of the transfer process. He received it but he does not own it.
Call the local police and report YOUR shotgun stolen, which it is. The seller should be able to give you the serial number for the report. If all goes well, the police may even go to the shop and seize the shotgun. In Texas, seized property is subject to a property hearing within 60 days. You show up with your paid receipt for the gun, and the judge will most likely award it to you.
Maybe you should explain to the pawnbroker what you are about to do, and that will move him off the dime.
What else can he do? Return it to the seller? Not likely. He can only ship to a FFL, though he can receive from anyone. He has no FFL to ship to.
SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com the best gun auction site on the Net! Email gpd035@sbcglobal.net0 -
I agree with nunn. Your property is being kept from you. This is theft. [8D]
Greg
Former Marine
A N G L I C O0 -
I think this dealer is being a crook. I can understand him wanting to protect himself by having proof of where the shotgun came from, but a copy of the sellers drivers license should be sufficient for that. I would tell him that you are planning on going to the local police and that you are going to contact the ATF. I had a problem a while back where a private seller refused to give me a copy of his drivers license. I finally called the seller and told him that I was going to turn the gun over to the ATF because I didn't have proof of the previous ownership. He faxed me a copy in about ten minutes.
"My faith, my country and my family will guide me; nothing more, nothing less" -Gen. Tommy Franks
Jess Hoffman
Mooseyard Precision
LE Supply & Firearms
NRA Certified Instructor
Shawano, WI 541660
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