sigp220.45
US Veteran
Life is hard. Its even harder if you don't do your homework.
Their lack of business acumen doesn't make the gun stolen.
A $10.00 S&W Model 36
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Life is hard. Its even harder if you don't do your homework.
Their lack of business acumen doesn't make the gun stolen.
I appreciate the opinions expressed about the thoughts that a felony has been committed, but the auction company was running the sale. They sold this box for $10.00 of what they thought was only old glassware. Their mistake does not mean a felony was committed. All of us, over the years, have purchased something that we have gotten a good deal or realize the price was tallied wrong by the seller. We all would agree that in those situations no felony was committed.
In this case, I going to keep it. Once I get home, I'll have one of my police buddies run the serial number.
In this case, I going to keep it. Once I get home, I'll have one of my police buddies run the serial number.
Bajadoc
US Veteran
I guess taking advantage of the lack of business acumen of people selling their dead relative's stuff is OK and it does not make the gun stolen. Life is hard, maybe some day you can take advantage of someones lack of business acumen. Enjoy.
MygunisaS&Wrevolver
Member
I said it in my earlier post and I also completely agree with Bajadoc, because the seller makes a mistake and doesn't check the cups will not make it right to keep it. If it was your mothers estate and you found out that something like this happened, how would you feel? I don't pretend to be a saint but we should all listen to the little voice that says if this is right or not and try to do the right thing. I think the world would be a much better place!
sigp220.45
US Veteran
A company sold the stuff.
I said the gun wasn't stolen. It wasn't.
I do enjoy taking advantage of pawn shop owners who don't do their homework when pricing guns.
I don't believe I ever said what I would do in this situation. But I believe the OP is fully justiied in keeping the gun.
Bajadoc
US Veteran
He might be justified in keeping the gun. But is he honorable? Being honorable is much more important than getting a good deal on a gun because somebody made a mistake that you took advantage of. But every one has their own standard to live by. I would feel a little less dignified every time I handled a gun I came by that way. But that is just me. Others may have a much lower standard.
ggibson511960
Member
Lousy Estate Broker
The estate should not suffer for the negligence of the estate broker. I would have a hard time taking advantage of a deceased person's family. If you really want the 36, offer the family, not the broker, a modest price. Everybody wins.
The estate should not suffer for the negligence of the estate broker. I would have a hard time taking advantage of a deceased person's family. If you really want the 36, offer the family, not the broker, a modest price. Everybody wins.
I am not a leo....but everything I understand is you ...just don't 'run serials' on guns...without good reason..or a pathway for the reason....in your department.
that gun was placed thee for a reason......whatever it might be... could be a good hiding p,ace or could be nefarious...you'll never know
without a clear path of ownership and transfer of same...personally for me..in would be leery of owning it. ..but that is my opinion
that gun was placed thee for a reason......whatever it might be... could be a good hiding p,ace or could be nefarious...you'll never know
without a clear path of ownership and transfer of same...personally for me..in would be leery of owning it. ..but that is my opinion
sigp220.45
US Veteran
Here's what I said: It's not stolen.
It's not.
Is it honorable? That's up to you.
The auction company priced a box. The OP's Mom tried to buy just the cups she wanted, and the auction company said NO. She bought the box at their price.
Is it fair? That's a question for little kids. It happened.
The company should have done their job. The family should have hired a company that would do their job.
Look at the "likes" on the first post. That's a pretty good indication of what folks think. I would bet even the grey cloud crew would keep the gun.
I know I would. I would post pictures of it here. I would shoot it, or carry it, or trade it for something else. I know I would give it a better home than folks who would sell off granny's teacups without even looking in the box. And I would sit back and fully expect to be chastised by a bunch of people who would also keep the gun, but not tell anyone the circumstances. And it would bother me not one little bit.
Sorry, OP. Enjoy your gun.
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Bajadoc
US Veteran
Well, I guess if there are a lot of "likes" it must be OK.
MygunisaS&Wrevolver
Member
sigp220.45; I would ask you to look at your moral compass as a law enforcement officer and confirm what you have posted with your Chief or Sheriff and see what they believe? The standard is higher for you and the number of likes has nothing to do with this. This lack of ethics makes me believe that I may not want to be part of the forum in the future.
crsides
US Veteran, SWCA Member, Absent Comrade
Congrats to Mom on a great purchase.
Charlie
Charlie
There were two chances to find that handgun before it ended up with the OP's Mom. The family who was selling the items should have gone through everything before handing it off to the estate sellers. Then the estate sellers should have gone through everything to inventory it before sale.
dlay
Member
I totally agree, well said.....
itshooter
Member
Two further questions this raises in my mind:
1) With an auction company involved, can a gun be legally sold without a background check, etc?
2) Did this purchase take place in the OP's state of residence?
1) With an auction company involved, can a gun be legally sold without a background check, etc?
2) Did this purchase take place in the OP's state of residence?
I wonder how many of the gray cloud folks here have ever bought an 8-piece bucket of chicken at the KFC drive-thru, got home and discovered there were 9 pieces in the bucket. Wonder what they did?
Same principle.
Same principle.
MygunisaS&Wrevolver
Member
I regret my post and appologize to sigp220.45. After 33 years as a law enforcement officer I came across a little intense on this issue. This doesn't mean that I agree, but I will still keep my membership in the forum. Sincerely
It would be different if it was marked" Teacups & S&W Revolver" but it wasn't and that leads me to believe it was a mistake. Personally, I would contact the estate and sort it out. If your conscious allows you to enjoy the mistake that is for you to decide not us.
Walter Rego
Member
I have been following this whole thread and personally, I think finding the gun is like finding a wallet with $400 in it on the sidewalk. You have the ID. Someone didn't purposely drop the wallet on the sidewalk. Are you going to try and find the owner? I would go back to the auction house and either turn it in or offer to buy it. That being said, I wouldn't feel bad if the auction house said "give me a couple hundred bucks for it" either.
Weimar
US Veteran
Excellent - best i did in a box was it turned out there were about 80 cents inside the suitecase, all the silver was pre-64 
$10 for a Model 36??? Well, gee, I don't know... did it come with a holster and some ammo?
Pef
Member
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Last time I bought from KFC, I didn't need to fill out a 4473! That's the rub that needs some...rubbing, I guess.
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Pef
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My question is whether a "company" can sell a gun without a FFL transfer.
This little blurb from the ATF seems to put the company (and the buyer) in the clear. See page 10.
https://www.atf.gov/file/100871/download
I am not offering legal advice, but it seems like the buyer got a heck of a deal and I seriously doubt the BATF would give a hoot for this one case.
This little blurb from the ATF seems to put the company (and the buyer) in the clear. See page 10.
https://www.atf.gov/file/100871/download
I am not offering legal advice, but it seems like the buyer got a heck of a deal and I seriously doubt the BATF would give a hoot for this one case.
gunnails
Member
I see no crime here, congrats on the new gat.
IMO, if the family was in such a hurry to dump all of granny's "stuff" that they did so without even looking through the boxes, and then chose to use a slip-shod (probably discount) auctioneer who didn't bother to do a thorough and decent inventory of the stuff, then I have no problem with someone getting an unplanned bargain on the contents of a "take it all or nothing" box.
If one of the teacups had turned out to be some rare Louie the 14th piece that was worth a small fortune would the buyer be obligated to go back and inform the auction house and pay the difference or return the item? I think not, and I don't see this as any different.
Just my opinion of course - and yours may vary...
If one of the teacups had turned out to be some rare Louie the 14th piece that was worth a small fortune would the buyer be obligated to go back and inform the auction house and pay the difference or return the item? I think not, and I don't see this as any different.
Just my opinion of course - and yours may vary...
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AZretired
Member
Again, not to rain on your parade, but you said you were on vacation visiting your mother. Does she live in the same state as you? You could be in a legal jamb by transporting it across state lines. Plus I agree, they did not intend to sell it with teacups and might report it as stolen when they realize its missing.
loeman
Member
Jeez folks! First the family didn't do their job in knowing what they were consigning to aution. Second, the auction service didn't do their job in knowing what they were selling. And now some of you want to take it back to these same incompetents for moral reasons? Sorry...not me. I'm keepin' the $10 Md 36.
AZretired
Member
Not even close. Last I heard there were no serial numbers, nor federal laws concerning the transfer of fried chicken
Suppose it was a box of books that he bought for $10. Upon going through it he found that one of the books was a rare first edition worth thousands. Would anybody be saying there is some duty to "go back to the estate" and ask if they really wanted to sell it as cheaply as they did?
In the context described - professional liquidation of an estate - I think the correct answer is that if the liquidator offers a box for $10, then ten bucks gets the buyer whatever is inside. Period. If there's a diamond ring in there, you've got a $10 diamond ring. Same thing if there's a gun. The estate owners had a chance to go through and evaluate all the stuff before handing it over to the estate liquidator. The liquidator also had a chance to check the goods they were offering, and see if there were any hidden "finds" in the various lots being offered.
If both parties failed to do so and thereby overlooked something of greater value (a rare book, a nice gun, a diamond ring) in a box they thought held stuff of lesser value, they should be the ones to bear the "loss" of not getting as much for their stuff as they might have if they'd been more diligent. I see absolutely no reason for a buyer to have the slightest remorse for finding and keeping anything they bought through the estate liquidation process.
In the context described - professional liquidation of an estate - I think the correct answer is that if the liquidator offers a box for $10, then ten bucks gets the buyer whatever is inside. Period. If there's a diamond ring in there, you've got a $10 diamond ring. Same thing if there's a gun. The estate owners had a chance to go through and evaluate all the stuff before handing it over to the estate liquidator. The liquidator also had a chance to check the goods they were offering, and see if there were any hidden "finds" in the various lots being offered.
If both parties failed to do so and thereby overlooked something of greater value (a rare book, a nice gun, a diamond ring) in a box they thought held stuff of lesser value, they should be the ones to bear the "loss" of not getting as much for their stuff as they might have if they'd been more diligent. I see absolutely no reason for a buyer to have the slightest remorse for finding and keeping anything they bought through the estate liquidation process.
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