I just got a depressing call from Houlton ME PD Updated 7/20

[madmikeb]

I had a message on my answering maching when I got home from work tonight that I really didn't want to hear. Last fall I found one of my grail guns at the Waterville ME gunshow. It was an unfired 16-4 32 mag with box and papers and all accessories. Didn't buy it that day but stewed about it all night and went back the next day and bought it for $1000 out the door.
The call today was a detective from the Houlton PD telling me that the gun had been stolen in Houlton about 18 months ago. Thank goodness I bought it from a dealer and not through a private sale, the bad part for me is that I have to turn the gun over tomorrow to the local PD to be sent to Houlton as evidence and it looks like I'm out the $1000. The good thing is is that the perp has been arrested but has not been indicted yet. The detective told me that the DA will rule that restitution has to be made but I figure that my chances of getting any money back from a low life scum are slim and none. I am pleased that a fellow gunowner and Smith fan is probably going to get his collection back. The detective told me that they are chasing guns all over southern ME.
I have to say though that it has really soured me on gunshows and used guns in general. I can't afford to give away money like that.

 

[wheelgun28]

That stinks...

Since you bought it from a dealer, Id be asking for my money back from him. Hes a dealer and sold you a stolen gun, seems like his problem, not yours!

Be sure to get a receipt from the PD

 

[VM]

Sorry to hear your story madmikeb.
If you bought a stolen gun from a "Dealer" and now the Police are taking the gun from you, why wouldn't the dealer be responsible for returning your money?

 

[Andy Taylor]

That stinks...

Since you bought it from a dealer, Id be asking for my money back from him. Hes a dealer and sold you a stolen gun, seems like his problem, not yours!

Be sure to get a receipt from the PD

Glad it is going to it's rightful owner. And like wheelgun28 said, a reputable dealer will make it right to you.

 

[.357magger]

Sorry to hear your story madmikeb.
If you bought a stolen gun from a "Dealer" and now the Police are taking the gun from you, why wouldn't the dealer be responsible for returning your money?

\

This is what I thought too. Frankly, I think I'd be polite but I also think I'd be at their door tomorrow morning and asking the speak to Mr. Managerman.

Just my .02.

 

[johngross]

I am 98 1/2% certain that the dealer owes you a refund. Now, weather he just hands over your $1000 is another matter altogether, so you would need to decide if legal action is worth the time and expense. Small claims court in most states is fairly straight forward and not too expensive, and of course proof on your part is needed (receipt from the dealer, police report, etc.).

John Gross

 

[andyo5]

Maybe the dealer would rather spend $1000 to avoid being charged with receiving stolen goods.

 

[madmikeb]

Thanks for all your replies, I discussed this with the detective and he told me that the dealer was not liable because he did not steal the gun, he purchased it from the thief. The only way I could expect a refund from the dealer is out of the kindness of his heart. I don't know much about the dealer as I had never dealt with him before, it was just a table at a gunshow. I probably will contact him tomorrow but I'm in the midcoast and he is way up in northern Maine so its not feasible for me to go knock on his door.

 

[AKsRule]

While I'm sure the DA won't do ANYTHING the plain fact is that the
FFL received and sold stolen property.

Ignorance is no excuse - The FFL should not PROFIT from a crime.

I would ask the FFL to return my money and if he refused I would write a LENGTHY LETTER to the BATF

.

 

[CWH44300]

The others pretty much said it for me. Let us know how you make out and good luck

 

[fat tom]

Thanks for all your replies, I discussed this with the detective and he told me that the dealer was not liable because he did not steal the gun, he purchased it from the thief. The only way I could expect a refund from the dealer is out of the kindness of his heart.

That's total BS. He's a detective,not a lawyer,which is what you should get if the dealer does not promptly refund your purchase price and any related costs incurred by you to obtain said refund. I ain't a lawyer either,but I did stay at a Holiday Inn Express last night.
f.t.

 

[Mack]

I am not sure the detective is correct, don't dealers run used guns? But at the very least the dealer owes you his profit from the sale.

 

[VM]

madmikeb - how did the Police find you (and the gun)? Do you have some sort of State registration for firearms?

 

[c good]

Why didn't it come up stolen when the dealer brought it into his inventory? I'm no expert but I think he owes you $1000.00 plus N.I.C.S. charges. JMHO c good

 

[photoman]

I'm sure this has happened in the past and, hopefully, someone with a FFL will speak up.

 

[nogoodnamesleft]

I'm sorry to hear about your loss, and about the cash that you'll never see again. But, I'm glad to hear your attitude is that of concern for another person who was stolen from.

Once again, srry you got the rug pulled out from under you .... that would of been a heck of a piece to add to the collection!!

 

[Dennis The B]

I think this is...

...the part where you stop and see a lawyer before you go to the selling dealer. You need someone who has expertise in Maine civil law. I can appreciate other members' concern here, but you need a lawyer; and documentation.

You may have civil recourse against at least one other person.

 

[madmikeb]

I know that the PD got my name and address from the 4473 at the dealers. I honestly don't know how they tracked it to him. Maybe through the nics check that they aren't supposed to keep records on? Obviously he did not run the serial number through any kind of a database to check to see if it was stolen, and I don't know if dealers are required to do this anyway.

madmikeb - how did the Police find you (and the gun)? Do you have some sort of State registration for firearms?

 

[feralmerril]

I dont know the law but seems to me a person should have no worry when they buy a gun from a ffl dealer in regards to being hot! Sure would like to know the chain of events how you happened to take the hit instead of the dealer! The dick that told you that you have no recourse cant know what he`s talking about.
Let us know how this go`s.

 

[madmikeb]

Thanks for the concern Dennis, trouble is my experience with attorneys is that I would tie up 1000+ in fees real quick not to mention the aggravation it would be. I just wonder if it would be worthwhile.

...the part where you stop and see a lawyer before you go to the selling dealer. You need someone who has expertise in Maine civil law. I can appreciate other members' concern here, but you need a lawyer; and documentation.

You may have civil recourse against at least one other person.