Federal Gun-related Felonies Perpetrated Against Me? Fed LEO's Encouraged to Respond

[targetmaster]

Firstly, I apologize if I posted this in the wrong section, but it was the only section that seemed to be even close. It is called “Law and Politics”, and this is a law related question. Please advise if this issue belongs elsewhere, or possibly a different venue or Forum. The Federal Felonies I'm referring to are “Interstate Gun Fraud” and “Interstate Gun Theft”.

It's a long story that’s been going on for over a year now, so I'll try to make it as concise as possible. In February of 2017, I participated in an “Online AND Live” Gun Auction at an auction house in California, via the online bidding service Proxibid. I won two C&R rifles (I do possess a C&R FFL), a Springfield 1903 Mark 1 and a 1906 Swedish Model 1896 Mauser. Now, between the date that I placed my bids on these two guns and auction date of 2/5/17, I was diagnosed with Cancer. I mailed my payment and a copy of my C&R license to the auction house on 2/13/17, the day before I had my Cancer Surgery. Because of the Surgery, the Recovery, and the Chemo that followed, it was several months before I was able to open the box that contained the two rifles that I won in the auction.

Upon inspecting the rifles in early June of 2017, I easily determined that the descriptions of these two rifles in Proxibid were pretty much TOTAL FABRICATIONS/LIES, and the guns were not even close to the condition in which they were described. In fact, just one example, the Bolt on the Springfield 1903 is partially Broken and INOPERABLE, but the rifle was described as having a “Crisp Action”. The pictures in the two auctions were taken in a manner and at a distance, so that all the flaws and lies were very well concealed.

On 6/20/17, I called and spoke to the owner of the auction house in California, and told him the complete story, why it took me so long to contact him including details of my Cancer, and everything that was wrong with the guns. He seemed very concerned at the time, and told me that if I shipped the guns back, he would refund ALL OF MY MONEY. He specifically asked to have them received by his business on or after 7/12/17, as that is when he was going to be back from vacation, and his business would reopen. As a side note, he also operates a “Gun Store” at the same location as his Auction Business.

Along with the guns that I returned, I included a four-page document, which described every single issue with both guns in great detail, and there were many issues for each rifle. The Springfield 1903 had the most with 10 serious issues. Additionally, I included a USB Thumb Drive which contained clear, close up pictures of every issue with these guns, so there was absolutely no doubt about my claims. The guns arrived on 7/12/17. I still have my UPS receipt, along with all documentation related to this issue.

The first call I placed was on 7/28/17 to get an update, because I had not yet received my refund, nor heard from them in any manner. I spoke to an employee who managed his Gun Shop named Marvin. He acknowledged that he had my Gun, my four-page document, and my USB Thumb Drive right in front of him as we spoke. He spoke to the owner (VIA Phone call) and said I need to give it more time, as his daughter was in an accident and was hospitalized. The owner was currently at the hospital. Well, I certainly understood and relayed my sympathy and well wishes. Whether this scenario was true, is debatable.

The next call I was I made was on 8/9/17. I spoke to Marvin again who spoke to the owner. I was informed that my check was being printed as we speak, and will be in the mail today. That made me feel good, but it turned out to be a complete LIE, and it never happened.

My next call was 9/7/17, and I received a lot of excuses why the owner could not speak with me including the fact that he just got back from vacation, and was very busy. Again, Marvin advised me to give the owner, his Boss, some more time.

Marvin actually called me on 9/15/17 to find out if I receive my funds. I was not home at the time so he left a message. I called back and spoke to someone who said that everyone was with the customers and someone would call me back. I never received the call back.

The last call I made was on 11/8/17. I was also told that everyone was with customers, and that I would get a call back. Again, I never got a call back. Anyone detect a pattern here?

There were other times I called as well (I neglected to document the dates) and I received every excuse in the book as to why the owner was not able to speak with me. The most maddening one was that “He was too busy PREPARING FOR HIS NEXT GUN AUCTION”. Imagine that..! I was no longer even on his “To Do” List.! Is very apparent he has no intention of returning my money. Perhaps he thinks that my cancer will take me, and the Lord will forgive his debt.

I have given this much thought, and have been thinking about the legal ramifications of what has transpired. I’m thinking he’s possibly perpetrated “Federal Felonies” against me because of the “Interstate” nature of the crime, myself residing in PA, and he in CA. Those crimes being “Interstate Gun Fraud” and “Interstate Gun Theft”. The amount of money involved here is $1,395, and it is quite apparent that he has no intention of refunding me as originally promised.

So currently I'm giving serious consideration to my next move. That could entail reporting him to the FBI, the ATF, and the California State Attorney General's office. If I do this and I'm correct about the charges, they could lose everything including their business, their FFL license, and possibly incur Federal jail time. I am not a cruel vindictive person, and this is not really what I want to happen to him, even though he seems to have no concern about me and what I’ve been through dealing with this issue, while simultaneously battling Cancer, and he knows about the Cancer. This issue has really caused me undo stress for nearly 8 months now. I would rather get my money back and be done with these people, but the bottom line is that what he has done to me is wrong, and possibly criminally illegal.

One very interesting point is that Marvin has told me multiple times that "John" is the boss and runs both operations, the Auction House and the Gun Store, but there is a WOMAN'S NAME ON THEIR 01 FFL. I believe the Woman is his Wife. At this point I highly doubt I could get on the phone with "John", and remain civil during the conversation after all he has put me through in the last year. I can take a lot of things, but I absolutely DESPISE BEING BLATANTLY LIED TO, WHICH IS WHAT HAS TRANSPIRED HERE.

Any thoughts about what I have written, what you may think, or what I should do next would be greatly appreciated. If you are with a Federal LEA such as the FBI or the ATF, your input would be most welcomed.

Thank you very much for your time and your consideration.

Tom

[GeneCC]

Please contact an Attorney. He or she will be able to advise you on your rights. They will charge you for this opinion and will stand behind it.

You may have recourse in criminal court or civil court. An Attorney will know best.

A LEO will have an opinion one that is free.

[Daycrawler]

Sorry to hear you have cancer. I wish you well and will send prayers.


Have your Lawyer send him a very nice letter explaining the ramifications he could face. Gunlawyer0001 is a member here on the forum. You should be able to hire him. You can look him up in the member directory. If he fails after that to make good on his debt, release the hounds. After that let the cards fall where they may. He sounds like an ass, who doesn't care because you are 3k miles away.

[Berncly]

You need to consult with a gun lawyer to find out where you stand.
A gun lawyer will be able to tell you what laws have been broken if any, and what your options are a year after the original purchase.

For what it's worth, it is always a good idea to do things in writing, or email, or some other method that leaves a documented trail of events.
Whatever was said to you in a phone call can be denied later, leaving you with no way to prove the details of your conversation.

At this point you are out $1400.
If that is not a lot of money to you, then you may want to consider filing a report with the police and then dropping the matter.
If you hire a lawyer and take civil action, you may end up spending many thousands of dollars with little or no return.

You got screwed and it sucks, but you are in poor health, and the stress of this situation can do you more harm than good in your condition.
It may be wise to let the money go and just focus on your health.
Prolonged stress kills people even when they don't have cancer.

As was mentioned before, GunLawyer001 is a gentleman and a scholar, and a preliminary consultation with him would be well worth the cost.
Then you will know exactly where you stand and you can make a well informed decision.

Attorney Phil Kline, AKA gunlawyer001@gmail.com
http://forum.pafoa.org/member.php?u=1125

Best of luck to you, and thoughts and prayers for a full recovery.
Bern-

[targetmaster]

Thanks so much to all three of you for reading my lengthy post, and I certainly appreciate your valuable input. I also very much appreciate the well wishes, so thank you for the nice thoughts. I am actually doing much better now.

I was really trying to avoid hiring an Attorney, as the cost could exceed what I am owed here. Now that I think about it, when I filled out my NRA Board of Directors Ballot a few months ago, there was listed a "Firearms Attorney" named Adam Kraut, Esq. who lives in and has a practice in my town. He also operates a Gun Store here, and works there on occasion. I'm thinking I should find out when he is there, buy something, and very "Discreetly" try to run this by him. I am pretty good a things like this.

I also have Marvin as a witness. I have spoken with him many times, he is a super nice guy, and he is as frustrated about this as I am. He has never been a proponent of what "John" is doing to me. He has mentioned "God" several times during our conversations, seems to be a very pious individual, and I doubt he would lie about anything.

Well, in the meantime I am going to hope a LEO or an Attorney reads this, and provides some concrete information for me. I am also thinking I should call and speak to the "Woman" who is listed on their 01 FFL instead of John. I'm betting she would certainly not want to lose her FFL, and the businesses she apparently co-owns with her husband.

Thanks again guys, and enjoy the rest of your weekend..! Tom

************************************************** ****************************************

How can you have any pudding if you don't eat your meat?

[streaker69]

I also have Marvin as a witness. I have spoken with him many times, he is a super nice guy, and he is as frustrated about this as I am. He has never been a proponent of what "John" is doing to me. He has mentioned "God" several times during our conversations, seems to be a very pious individual, and I doubt he would lie about anything.

Just because someone invokes "God" doesn't mean they're Christian or pious. Normally means they're trying to tug on your heartstrings and convince you to trust them, because a christian would never try to scam someone.

[STBear]

Marvin could very well be John for all you know over the phone. Sorry that you are getting screwed by a scumbag outfit. Glad to here you are doing better. Cancer sucks. Be well.

[prsndoc]

God willing Marvin will be a stand up guy for you.

[Emptymag]

I seriously doubt that he's going to "lose his business" over not refunding your money.

[Berncly]

How can you have any pudding if you don't eat your meat?

Nicely done :P

Since you quoted Floyd (blessings upon all that partake in their goodness) I will just add the following.

Many of us are LEO's, or retired LEO's, or Federal LEO's, or Federal retired LEO's.
I would strongly caution you to get the advice of an attorney, as opposed to someone on the internet who may or may not be a (active/retired) LEO.
LEO's as a general rule do not always give the best advice.

If you have a local gun lawyer then that is probably your best place to start.
If your lawyer is any good, call him and be direct instead of trying to casually ask for legal advice.
If it's a quick and simple answer, most decent lawyers will just tell you what you want to know free of charge.

If your question requires more than a quick answer, then the smart play is to pay for the initial consultation with no obligation of moving forward with any legal action.
Preliminary legal consultations generally cost a few hundred dollars.
If a lawyer tries to string you along with retainers and double talk up front, then you need to look for a more honest lawyer for an opinion.

Many of us have dealt with GunLawyer001 personally and know him to be an honest and direct attorney.
My advice would be to send him an email and see what he has to say.

Best of luck.
Bern-