Atttorney needed - Worth County, Missouri

[Naphtali]

Being uncertain whether filing in Small Claims Court, filing criminal complaint, chatting with BATFE, or other procedure to begin, I request the name and contact information for an attorney in Worth County, Missouri.

Problem to be resolved: Shipped USPS one rifle plus payment-in-full to a gunsmith. Completion was confirmed by gunsmith by telephone as being the end of June. Having communicated by email only since the end of October, gunsmith furnished USP tracking number. USP never actually took possession of rifle to ship. Gunsmith has not respond to anything since November 6.

No rifle. No refund. No communication.

Solution?

[rancher1913]

maybe call the local sheriff and see if he will go talk to said gunsmith.

[jonp]

USP or USPS? If USPS and they furnished a tracking number then a complaint filed with them. The USPS maintains it's own law enforcement and they are quite serious as messing with the US Mail is a Federal Crime right off the top.

In Trucking, which is my employment, State Scale Houses, Law Enforcement etc can order any trailer opened for inspection except 2. Customs sealed and bonded shipments and the US Mail. No one can break that seal

[knifemaker]

You might try contacting the law enforcement agency that has jurisdiction where the gunsmith is doing business. Explain the problem and see if they will be willing to take a criminal report concerning the theft of a firearm. If they say no, then look for an attorney to file civil court action which may cost you more then the firearm is worth. Another thing to consider, maybe the gunsmith died before shipping your gun.

[ShooterAZ]

https://www.martindale.com/

[HATCH]

This is what I would personally do. This doesn't reflect Cast Boolits, its owner, staff or members but what I would personally do.

(1) send a certified letter requesting A) status of firearm, B) return of the firearm, and C) possible refund of money
(2) Contact the regional BATFE branch. ->https://www.atf.gov/kansas-city-field-division
(3) Contact the USPS concerning the status of the package. You need to explain that it was a firearm that was legally sent in for repair and it was being returned in accordance with Federal law.

If your certified letter is returned, DO NOT OPEN IT. keep it sealed. This is proof that you attempted to contact the FFL.
You might need this for legal action.

I would do #1 and #2 right away. Wait on #3 because you know that he never shipped it because if he did he would of responded.

[Naphtali]

USP or USPS? If USPS and they furnished a tracking number then a complaint filed with them. The USPS maintains it's own law enforcement and they are quite serious as messing with the US Mail is a Federal Crime right off the top.

In Trucking, which is my employment, State Scale Houses, Law Enforcement etc can order any trailer opened for inspection except 2. Customs sealed and bonded shipments and the US Mail. No one can break that seal

I transposed letters. I intended to identify the shipping label without any corresponding shipment item as UPS - United Parcel Service. I shipped to the gunsmith by way of USPS - United States Postal Service.
***
There is substantial useful information here, and for that I thank all of you. My error that I just corrected caused a question to pop up. Having sent the package by USPS while receiving nothing, might this not be actionable as mail fraud - if I file a complaint?

[WILCO]

I believe it would be.

You can contact the Postmaster General's main office by calling the main United States Postal Service customer contact number, 1-800-ASK-USPS. The mailing address of the Postmaster General is 475 L'Enfant Plaza, Washington DC 20260.

https://www.reference.com/government...b7e82c931b9cc1

[bedbugbilly]

I may be incorrect on this but just because the fellow furnished a USPS does not necessarily mean that the item is shipped. If he purchases postage online and prints his own shipping labels, I believe a tracking number is furnished and recorded by the USPS. I have purchased items where the seller purchases postage online and furnished a tracking number, but when I put the tracking number in when they have notified me, it shows that the number has been issued but the package has not yet been accepted by the post office for shipment. Whether the USPS Postal Inspectors would follow up on it would have to be checked out with the PO. A call to the fellow's local LE agency with and explanation of what is going on seems like it would motivate a visit by one of their officers to follow up on it - especially when you're talking firearms shipment and possible fraud where you don't know who has the possession the firearm or what it could be used for.

Good luck - hope it all works out for you.

[Petrol & Powder]

Not for nothing, but are you sure the gunsmith is still alive?

I think what you need is someone on the ground in the locality of the gunsmith to see if he is: alive, in business, not in jail, ran away with the neighbors wife and your money, etc. ?

If he is around, certified letter is a good place to start.

After that, a local lawyer may be the route to take. In any event - you're likely to spend WAY more money than the rifle is worth if the guy is just a deadbeat. Proceed with caution - it makes no sense to spend $5000 to recover a $1000 rifle. At some point it is not about principle but rather just the bottom line.

[Der Gebirgsjager]

I re-read your original post a couple of times now, and if I got it straight the gun was supposedly shipped back to you via UPS? I've shipped many firearms that way, and the tracking number is generated when the shipping label is printed. Stick the label on the box and hand it to the employee behind the counter. Might work differently in different locations, but overall they're pretty uniform. My suspicion would be toward theft, loss, or mis-delivery by UPS. May very well have happened right there at the depot and the gun never entered the system at all. The last time I shipped a long gun they insisted that the box had to be marked "Firearm". Not only does the size and shape of the box indicate the possible contents, but now they want it declared right on the box. Might as well stamp it "Please Steal Me". The gunsmith probably figures it's lost in the system and is hoping that it will turn up. The shipper and the carrier will have to resolve the problem between them, and eventually someone will probably pay you, but you may never see the gun again.

[Naphtali]

I re-read your original post a couple of times now, and if I got it straight the gun was supposedly shipped back to you via UPS? I've shipped many firearms that way, and the tracking number is generated when the shipping label is printed. Stick the label on the box and hand it to the employee behind the counter. Might work differently in different locations, but overall they're pretty uniform. My suspicion would be toward theft, loss, or mis-delivery by UPS. May very well have happened right there at the depot and the gun never entered the system at all. The last time I shipped a long gun they insisted that the box had to be marked "Firearm". Not only does the size and shape of the box indicate the possible contents, but now they want it declared right on the box. Might as well stamp it "Please Steal Me". The gunsmith probably figures it's lost in the system and is hoping that it will turn up. The shipper and the carrier will have to resolve the problem between them, and eventually someone will probably pay you, but you may never see the gun again.

Shipping label dated November 6. Gunsmith's last email response to my repetitive requests for return of rifle was: (November 20) "will provide expedited shipping information with photos of your finished rifle by end of day. [his name] very sorry for delay."

[Geezer in NH]

Call the police or sheriff in his city or town. Have them investigate.

Ever think he may be in a hospital or funeral home? Again call them that is what they get paid to do.

[Soundguy]

Ditto.. I'd start with local law enforcement. If they refuse.. try BATF.. I have doubts that they will help, but never hurts to ask.

[Petrol & Powder]

Lots of possibilities but no certainty.

1. "Gunsmith" took rifle and money, sold rifle and ran away. The gun was never shipped back to the rightful owner.
2. " Gunsmith" shipped rifle back but to the wrong address and provided a false tracking number to hide his error. Then stopped talking to customer.
3. "Gunsmith" - died, suffered a debilitating injury, got arrested and incarcerated, went bankrupt and is hiding from creditors or just ran away.
4. Gunsmith repaired gun, shipped it and provided the correct tracking number and UPS lost it. Gunsmith got annoyed with repeated contacts and stopped responding to the customer.
5. Gunsmith hasn't repaired gun and is stalling for time to repair gun and lying about shipping it back.

[HATCH]

from my research, the gunsmith in question has a history of LONG ship times and delays.

I am not gonna post the gunsmith info as that is up to the OP.

[Petrol & Powder]

Long shipping delays do not excuse the lack of communication with the customer.

Per the OP, the "Gunsmith" provided a tracking number. UPS says they never got it.

This could easily be resolved by the "Gunsmith" communicating with the customer. I'll give the "Gunsmith" a pass if he is incapable of communicating (medical problem, dead, etc. ) but in the absence of a valid excuse, it sure looks like the "Gunsmith" is lying.

[MaryB]

And he is not dead, I looked him up too.

from my research, the gunsmith in question has a history of LONG ship times and delays.

I am not gonna post the gunsmith info as that is up to the OP.

[nvbirdman]

Petrol and Powder left out number 6. Maybe the gunsmith fell off the wagon.

[Petrol & Powder]

Good point, still needs to return e-mails, phone calls or send a letter.