Need some advice on a gun trade.

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  • opie77

    Plinker
    Rating - 0%
    0   0   0
    Aug 24, 2008
    15
    1
    Lake County
    Hey all, need some advice. About 4 years ago, I had my wife buy a used Glock from Cabela's. We both like to shoot and she was thrilled to buy her first gun.

    Fast forward a year and a half later, she liked an XDM 9mm. So I looked into trading the Glock off. Found a person wanting to trade a Kahr 40 for the Glock. I traded him in Cabela's parking lot. We showed each other our DL and LTCH.

    Yesterday, my wife gets a letter from the US Dept. of Justice giving notice of seizure of property and initiation of administrative forfeiture proceedings, listing the Glock that was traded.

    I have no idea what happened. She's freaking out.

    Any help would be greatly appreciated.
     

    nhgluff

    Plinker
    Rating - 100%
    39   0   0
    Jul 19, 2010
    113
    2
    Whoever traded made out a $250 kahr for a $450 glock depending on model
    Id say he sold it and it ended up somewhere and was seized by law enforcement
     

    opie77

    Plinker
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    0   0   0
    Aug 24, 2008
    15
    1
    Lake County
    Yes I regret the trade. Was a police trade in that she got for $300. It was seized by East Chicago Police.

    What are my options here?
     

    churchmouse

    I still care....Really
    Emeritus
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    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    So you traded a Glock for a Kahr.
    I would have kept the Glock and we all know how I feel about Glocks.......:):

    Post #2 is most likely on point. It was used in something nefarious.

    Did it list you our the spouse in any actions or just a statement it was seized.
     

    PGRChaplain

    Master
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    7   0   0
    Jan 13, 2011
    3,779
    83
    Waynedale (FT Wayne)
    Some hood-rat gets your ex-glock, gets Busted acting like a hood-rat and your ex-Glock is being seized by the Feds. The Paper Trail ended at Cabela's with her purchase. Feds are notifying last "Known Owner".
     

    MCgrease08

    Grandmaster
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    37   0   0
    Mar 14, 2013
    14,430
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    Earth
    It sounds like you and your wife may have the opportunity to decide whether or not you want to discuss, with investigators, who you traded the Glock to.

    Should you choose to do that, they'll likely want to have a conversation with that party too.
     

    ljk

    Master
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    30   0   0
    May 21, 2013
    2,703
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    Assume you guys did nothing wrong, never talk to anybody from the .gov or hired by .gov without your attorney present, period.

    If I were you, I'd pay a good lawyer a visit, goal is to avoid being interviewed if possible.
     

    Winamac

    Expert
    Site Supporter
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    2   0   0
    Sep 11, 2011
    1,360
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    Logansport
    Just my :twocents:... but this is a good example of why I always go through a FFL even for private transactions. Worth the peace of mind for me.Again, just me.
     

    LarryC

    Master
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    1   0   0
    Jun 18, 2012
    2,418
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    Frankfort
    Personally I wouldn't worry about it at all. The BATF have just informed you as the last known owner that the firearm is being seized in the event you wanted to file a claim (that it was stolen etc. and you want it back). You have met all the requirements of the BATF sale to a non-licensed citizen as you verified the person was of age and a resident of the same state, and did not know or have reasonable doubt he was not legal to possess a firearm. THEY DO NOT REQUIRE THAT THE PERSON WOULD PASS A BACKGROUND CHECK OR REQUIRE YOU TO VERIFY IN ANY OTHER WAY THE PERSON IS NOT LEGAL. That is all the BATF requires. I believe the worst that could happen is that they would contact you to see if they can trace the firearms chain of ownership after you traded it to the individual.
     

    opie77

    Plinker
    Rating - 0%
    0   0   0
    Aug 24, 2008
    15
    1
    Lake County
    Wanted to add they sent this through regular mail and registered mail. Sent to my old address.

    If I understand this letter, if I don't file a claim to collect the pistol, the gov will keep it. Am I correct in assuming this?
     

    DanVoils

    Master
    Emeritus
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    43   0   0
    Feb 20, 2010
    3,098
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    .
    My take is they are seizing the Glock in a drug raid. They are notifying you they are seizing it in case you want to file a claim against the seizure to return it to your possession (stolen from you, etc.). Since you traded the Glock for the Kahr you morally have no right to it. Don't worry about the letter and go forward with owning the Kahr. Your wife is in the clear.
     

    Bradsknives

    Master
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    8   0   0
    Mar 1, 2010
    4,280
    48
    Greenfield, IN.
    Just my :twocents:... but this is a good example of why I always go through a FFL even for private transactions. Worth the peace of mind for me.Again, just me.

    In this case going through a FFL to transfer the gun would have not removed the problem. You still would have received a letter from the Dept. of Justice. The person (who according to the OP had a valid DL & LTCH) that he traded it to either used it in a crime or traded/sold it to someone that did. Cabela's was the last known FFL dealer to have the gun since it was a police trade in, and the OP's wife would have been shown as the purchaser when the ATF started back tracking the history of the firearm. Going through a FFL for a transfer will cover your ass from the viewpoint that it will be a lot easier explaining to the ATF what you did with the gun, as you can go to the FFL that did the transfer to show proof that you traded or sold it, and who you sold/traded it to.
     
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