"Because of your threats of a law suit, nothing will be returned, On advise of counsel, if you both sign notarized affidavits releasing me of all liability. I will release the metal."
My response...
Unfortunately, you may have assumed the financial responsibility unless we can more fully understand the law that you relied upon to destroy the Firearm. And since you supposedly followed the law that authorized you to destroy the Firearm, it shouldn't be difficult for you to put together a cogent summary that both the buyer and I can understand.
I as a nonlicensee and you as an FFL are required to follow certain state and federal law when transferring a firearm to another party.
Generally speaking, when laws are not properly followed, there are a whole host of remedies, and one of those remedies may in fact be the necessary destruction of the firearm. But that is as yet undetermined.
As the transferor, I believe I've followed the law. And, after being falsely accused of illegally transferring the Firearm (across state lines from a nonlicensee to an FFL), I've successfully demonstrated that you as an FFL were misinformed on both state and federal law regarding the interstate transfer of firearms by nonlicensees.
So it stands to reason that by carrying out the destruction of the Firearm, that you may have relied on misinformation, your own misinterpretation or fabrication of the law in your timely pursuit of a remedy.
I intend to get to the bottom of this and the law that you ultimately relied upon to destroy the Firearm. And, if you didn't follow the law, then you should bear the financial responsibility.
Because you have not provided any proof that the Firearm was destroyed, other than your word, I have questions and concerns about its disposition and that it could ultimately fall into the wrong hands. You have now assumed possession of a registered Firearm without authorization. If you don't return the Firearm or its pieces (as the case may be) than we will ask the DOJ and ATF for guidance in classifying it as stolen.
My response...
Unfortunately, you may have assumed the financial responsibility unless we can more fully understand the law that you relied upon to destroy the Firearm. And since you supposedly followed the law that authorized you to destroy the Firearm, it shouldn't be difficult for you to put together a cogent summary that both the buyer and I can understand.
I as a nonlicensee and you as an FFL are required to follow certain state and federal law when transferring a firearm to another party.
Generally speaking, when laws are not properly followed, there are a whole host of remedies, and one of those remedies may in fact be the necessary destruction of the firearm. But that is as yet undetermined.
As the transferor, I believe I've followed the law. And, after being falsely accused of illegally transferring the Firearm (across state lines from a nonlicensee to an FFL), I've successfully demonstrated that you as an FFL were misinformed on both state and federal law regarding the interstate transfer of firearms by nonlicensees.
So it stands to reason that by carrying out the destruction of the Firearm, that you may have relied on misinformation, your own misinterpretation or fabrication of the law in your timely pursuit of a remedy.
I intend to get to the bottom of this and the law that you ultimately relied upon to destroy the Firearm. And, if you didn't follow the law, then you should bear the financial responsibility.
Because you have not provided any proof that the Firearm was destroyed, other than your word, I have questions and concerns about its disposition and that it could ultimately fall into the wrong hands. You have now assumed possession of a registered Firearm without authorization. If you don't return the Firearm or its pieces (as the case may be) than we will ask the DOJ and ATF for guidance in classifying it as stolen.