Gunsmith "destroyed" my gun

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NC-Mike

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I left an old C&R revolver with the gunsmith at a very busy shop 3 years ago. Since that time I have stopped in a couple/three times and saw the smith. The last time being about 2 years ago and he said to me, I still have a gun for you don't I? I'm about to get the parts and put it together.

When I recently called about the gun, I was told it was destroyed because it was not picked up. :confused:

I was never called and told it was ready to be picked up, as they said they would do.

The value of this gun is only 150 - 200 dollars but I am a bit perturbed about it. The smith told me it was likely to take a long time to find the parts because it was a old gun, so I was in no rush for it.

I am also a FFL-03

Does he owe me some paperwork and what are the rules for "Destroying" a firearm.

TIA
 
I've sometimes sold guns that were not picked up in 90+ days with no word from the owner and multiple contact attempts failed.
But I've never destroyed one for that reason. I can't imagine anyone actually doing that. And the destruction involves cutting the receiver into 3 pieces, afaik. And 3 years on a repair is unconscionable.
 
Id ask for it to be repaired back to origional condition, or reimbursement for the cost of the pistol. If the smith is not willing to make it right then go to the BBB.
 
Well I brought the revolver to him completely disassembled. I has just refinished the walnut grips and reblued the pieces. I was missing a few pieces and he said he would look for them.

I remember now I did speak to him on the phone once and he told me he was having trouble indexing the barrel but was still working on it.
 
Did he give you the pieces or just his word that it was destroyed? I can appreciate a customer with patience, but three years? I wonder if he thought you had forgotten about it and he either fixed it and sold it or parted it out. Did he have any means of contacting you by phone, e-mail, etc.?

Somehow I just can't see a gunsmith "destroying" a gun because the customer has not shown up in a while, even a long while. Seems like it would just get put in the bottom of a drawer or something like that.

As far as paperwork, unless you need somthing to take it off your books right away you probably should be prepared for another three year wait. :(
 
If I ever did something like that to a customer, I would save all of the records FOREVER. When I was asked how I tried to contact you, I would be able to give DETAILED responses. The phone number I called. The research I did to notify you. The receipt for the certified letter I sent you. If he just threw out his records, I would say he owes you a new gun.

Do you still have the claim ticket?
 
You need some kind of documentation and a better story.
I learned the hard way to keep tabs on similar situations.

Why did he not contact you?
Was that an issue?
He could use a headspace adjustment if you've left nothing out.
 
I'm not a gunsmith or FFL.

Question: Don't guns have to be logged into a bound book for repair?

What do his records show?
 
If you have a receipt that you dropped off the weapon to him I would ask him to make it right or I would seem him in small claims court.
 
I have the claim ticket

He never called me to say the gun was ready.

When I left it there the smith told me it might take a long time to find the parts and I remember specifically asking him if that was the case, they would make sure to call me and let me know the gun was ready and not just throw it away! And as I say, I did see him and speak with on the phone about the gun after I left it there.

As for what's left of the gun, I don't know but I'm going to stop in and see them tomorrow or later today.

I don't expect much. Maybe a store credit of 150.00 and a better explanation of what happened.


My correct and current number is written right on the ticket. And I was off on the date, I actually dropped it off in December of 06 but as I say, I did speak to the smith on the phone and see him at least two years after that. Its not like I dropped it off and never contacted him and he never did call me about it.

So what do I put as a disposition in my book???
 
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He could claim that the gun was 'constructively abandoned' after four years (!), but he would have to show some proof that he attempted to contact you.

Hit him with a notice of claim, and offer him the opportunity to make things right.

mbogo
 
Why in the world would you let him keep it for 30 days let alone 3 years? When you brought the gun into him for repair he should have been able to give you a estimated time and cost of the repair and if he could not do that I would have taken it elsewhere.

Letting it go this long with only minimal checks on it's status is on you not just the gunsmith.
 
An FFL can't just "destroy" a firearm.

He will be in serious trouble with ATF if he destroyed that firearm. FFL's must log firearms into their "bound book" on receipt of that firearm. The ONLY way to get that gun off their books is to log it out as a disposition:
1. via 4473 when they sell it to a nonlicensee.
2. via FFL transfer (such as a transfer to an out of state buyer or sale to another licensee)
3. or by return to the person from whom it was received (no 4473 required)

If his bound book shows no entry under disposition and he sticks with the story that it was destroyed, call ATF. He'll find that gun pretty quick.
 
An FFL can't just "destroy" a firearm.

He will be in serious trouble with ATF if he destroyed that firearm. FFL's must log firearms into their "bound book" on receipt of that firearm. The ONLY way to get that gun off their books is to log it out as a disposition:
1. via 4473 when they sell it to a nonlicensee.
2. via FFL transfer (such as a transfer to an out of state buyer or sale to another licensee)
3. or by return to the person from whom it was received (no 4473 required)
Click to expand...

That's what I was thinking. I've worked in two gunshops with gunsmiths on site, and though I wasn't involved in the paperwork I was aware that something like this went on.
 
An FFL can't just "destroy" a firearm.
Click to expand...
I'm not certain of that. I believe there is a set procedure with a report to ATF noting the destruction of the firearm.
When I've wanted to destroy one I simply have the local police come and claim it as abandoned property.
 
Why would a gunsmith destroy an unclaimed gun anyway? If it was a complete arm, sell it or if incomplete wouldn't he part it out? Anything to recoup time or money he had invested in it makes much more sense than destroying it.
 
You're a patient man NC-Mike. I don't think I could leave a gun at a smith for that long. Even if the smith was John Moses Browning. :D
 
The reason for my patience was the gun belonged to my father. As a boy I used to sneak in his room and open the drawer in which he kept it. It was in parts then too. I used to screw the barrel in, put the grips and trigger guard on and play with it for awhile before taking it apart and putting all the pieces back.

When my father passed, I got the gun and have always wanted to fire it. So I waited nearly 40 years since I first laid hands on the gun till it went to the smith. In light of that, a few years at the smith wasn't long.

BTW, the smith knew that story as well. I had way more sentimental value in the gun than what it was worth monetarily but that's true of a lot of firearms.
 
I think I'd be contacting the ATF. Let him explain to them why he doesn't have your gun anymore, what happened to it, and why he didn't contact you. For all you know, he may have sold it to a buddy that took a liking to it and is just giving you a BS story.
 
These situations are the rare exception where a paper trail is a good thing. It may not have been a super high $ value but $100 - $200 is enough to pay a bill or two.

If I had all my paperwork in order I'd go after him for the value.

Good business is when both parties leave happy.
 
Sounds like he needs to find your gun or talk to the ATF.
Personally, in an inheritance case such as this, I wouldn't be concerned much about the monetary value since monetarily is isn't worth much. However, it's difficult to put a price on sentiment.

Not contacting you, and claiming to have destroyed your property. Hmm, I think he's got some explaining to do.
 
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