Stolen firearm

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  • Born2vette

    Norm, Team woodworker
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    Apologies for the long post in advance. Names withheld to protect the innocent and as to not start unfounded rumors.

    Anyone ever had this happen? Looking for advice (lawyers on here please feel free to chime in).

    I want a very specific firearm, was unable to find locally or anyone local who could obtain and ordered a brand new pistol online. The dealer has good online reviews and the firearm was shipped promptly the Monday after I ordered (8/2/21) and was a very fair price (free shipping, no CC fee). Received notice and tracking info from the common carrier and was excited earlier today to see it had arrived at my local FFL.

    About 1.5 hours later my FFL called, I answered quickly anticipating I could pick it up, field strip, clean and oil and get it to the range this weekend (or sooner). Unfortunately I was informed that the box looked partially damaged with tape on one end and when opened there was no pistol, just some water bottles!

    So now the tricky part. Who is responsible for either replacing my firearm or reimbursing me?

    Full disclosure I have contacted the selling and receiving dealers, my FFL says to contact the seller which I have but no answer (left voicemail) and emailed.

    My local FFL signed for and accepted the package.

    My understanding is I have no standing with the common carrier although my name may have been listed on the address. Do I file a claim with them?

    Last resort would be to dispute the charge on my CC but will give everyone time to respond before resorting to that.

    Also, this is not a terribly common pistol and not that may available and the price has gone up $65 since I started looking ($35 since I ordered).

    Thanks in advance!
     

    Amishman44

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    Ouch! Sorry to hear! Hang onto the tracking number...and definitely contact them?
    Q: Did you request or did the seller offer or state that there was insurance for the item being shipped during shipping?
     

    BigMoose

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    Insurance depends on the carrier. You usually get some small set amount by default

    With UPS, it's all tied to the "Declared value" the shipper put on the shipment. If they didn't declare a value, it's $100...
    If they did, and it's above $100, they have to purchase the insurance from UPS..
    Sadly a lot of shippers don't bother with this step, because it's another step and bother, and it does increase the shipping cost.

    Your likely going to need to go after the seller, unless they did something unusual and actually insured it for the right amount, and even if they did. Some shipping companies require the shipper to file the claim.
     

    DoggyDaddy

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    Agree, but I would like to be a little respectful and give them at least 24 hours to respond before I pull that trigger.
    Well, keep it in the chamber (so to speak). ;) I'd be lighting fires everywhere I could myself. Was this through an auction site (*cough* GB *cough*), or through a forum or Armslist or...? If GB, they can assist.
     
    Last edited:

    WebSnyper

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    Typically as the recipient you have no standing with the freight company as you are not a party to their contract.

    I'd give the seller notice and depending on how they handle/respond , I'd probably be disputing quickly after that unless they offer you a refund and then they take it upon themselves to file claim with the freight company.
     

    mmpsteve

    Real CZ's have a long barrel!!
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    ..... formerly near the Wild Turkey
    Assuming the Seller (shipper) shipped it properly, who's on the hook for allowing it to be bamboozled? And I'm not comfortable with your FFL signing for a damaged package, as it was obviously "tampered with". Of course, with the pace of business, and if they get a lot of packages, I'm sure it's next to impossible to inspect every one before signing for it. Interesting dilemma. Sorry it happened to you, and good luck with it.

    .
     

    shadow64

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    I ordered a new pistol a few years ago . Everything was fine shipping notification ,tracking number and my ffl called said it’s here . So after work that day I go to get it they were busy so they just handed me the paperwork and the box . I opened it to see how it looks and it was empty No gun No mags . I asked where it was they thought I was joking ( that was fair) . Then they got serious when ups came that day they were busy and just got the numbers off the box without opening it. They called ups and filed a report. Then I called the company and reported the loss. It took 2 weeks to get another gun shipped out no problems this time. PSA said they had that issue before with ups . PSA handled everything.
     

    Born2vette

    Norm, Team woodworker
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    Well, keep it in the chamber (so to speak). ;) I'd be lighting fires everywhere I could myself. Was this through an auction site (*cough* GB *cough*), or through a forum or Armslist or...? If GB, they can assist.
    Out of state gun store with online sales. I never personally dealt with them but checked online reviews which were overwhelmingly good with regards to online purchases.
     

    BigMoose

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    You guys are ruthless. Id give them at least one call and chance to make it right, before launching a pre-emptive full nuclear strike..
     

    Amishman44

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    Definitely dispute the charges on your card. That will light a fire under the party responsible to file the claim. You did everything right and did not receive what was promised. Dispute the charges.
    If no response from the seller, definitely dispute the charges on the card!
    At the minimum, it will get their attention and prompt a response!
    Note: If you get no response from seller over the disputed charges, you will know that the deception was 100% on their end!
     

    TheGrumpyGuy

    Get off my lawn!
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    If no response from the seller, definitely dispute the charges on the card!
    At the minimum, it will get their attention and prompt a response!
    Note: If you get no response from seller over the disputed charges, you will know that the deception was 100% on their end!

    Quite often notification of disputed charges don't make it into the hands of the selling party until a week or two (or sometimes longer) after the fact, so it may not get their immediate attention.
     

    Born2vette

    Norm, Team woodworker
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    Update. Seller contacted me this am:

    “We are filing claims with XXX and ATF regarding the missing firearm. We would typically be able to replace it, however we do not have anymore in stock to ship out. We will go ahead and refund your account today so that you can proceed with ordering a new firearm. We apologize for the inconvenience. “

    I can live with that but…

    anyone know of a CZ 75 D PCR in stock in Indiana? I may be up for a road trip Saturday.
     

    Ark

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    Update. Seller contacted me this am:

    “We are filing claims with XXX and ATF regarding the missing firearm. We would typically be able to replace it, however we do not have anymore in stock to ship out. We will go ahead and refund your account today so that you can proceed with ordering a new firearm. We apologize for the inconvenience. “

    I can live with that but…

    anyone know of a CZ 75 D PCR in stock in Indiana? I may be up for a road trip Saturday.
    A PCR? Aw man, sorry for your loss.

    That's about all I can expect from the seller if it was indeed nicked in transit. I can't imagine there are many sellers shipping boxes of water bottles and then crying theft to the ATF just so they can claim insurance and embezzle a (now hot) gun here and a gun there. Sounds like some carrier driver or employee saw an opportunity, popped the box, then hurriedly retaped it with some ballast.
     
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