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drjoker wrote:TAM, no, I am not going to drive to the other side of the DFW metroplex to "confront" a guy selling GUNS. Bad idea, man. I like shooting PAPER or metal pie plates, NOT people! "Confronting" an armed man over money is the best way to get your rear rump shot! A situation I'd be keen to avoid.... Besides, they will only see you "by appointment". I called them and tried to pay FTF, but every time slot that I requested to meet was "unavailable". Finally, I asked what was available and they said that they're only available to meet with customers for a couple of hours on Friday afternoons. I should've been suspicious right then and there, but I was STUPID and mailed him the money order instead because I didn't want to be labeled a non-paying bidder.

First of all, you left off where I said "(in a polite and civil way)" so I never did advocate an armed confrontation. That would be idiotic.

Second, you never mentioned that they will see you only by appointment, so my suggestion was made in good faith. The truth is, MOST gun stores don't require an appointment to walk in, so there was no way I could know that this was not a practical possibility for you. If I had a beef with a gun store, I would walk in and ask to speak to the owner/manager, to see if I could get the matter straightened out. That is a reasonable thing to do.

Third, you're right... it was stupid to send them the money. Experience can be a cruel mistress. The upside is that you likely won't make that mistake again.

Lastly, you sound pretty angry, and not just about this incident. Given that, it probably is better that you didn't go over there.

This is just my 2¢, and it is worth about exactly that, but in my inconsequential opinion, 4 unanswered phone calls is not a good reason to get lawyered up. I agree with your frustration, and it certainly sounds like this dealer is not behaving ethically, but there are better ways to handle this. For example, you don't mention if the seller is out of state or not, but certainly if they are in Texas, the cost of getting in your car - even to drive all the way across the state - and walking into the business with your proof in hand of their failure to deliver would A) get you the gun; B) get around the phone stonewalling; C) cost less than a lawyer; D) take less time than a lawsuit; and E) give you the opportunity to confront (in a polite and civil way) somebody in upper management to ensure that their company doesn't do something like this again.

If they fail to comply, you still don't have to call a lawyer. Instead, phone the BATF, and tell the BATF that this vendor has logged a fraudulent firearms transaction which never resulted in the transfer of the firearm in question from their possession to yours. In today's political climate (alleged illegal guns being sold to Mexican cartels, etc.), you can count on the BATF's willingness to jump right on it. Make that phone call from the vendor's location, within earshot of the manager who won't give you satisfaction. Ask for a BATF officer to come to the scene while you are there, to help get the paperwork straightened out. If the vendor cannot A) prove that they shipped the gun, and B) provide a recognized carrier's proof of delivery with your signature on it, they are going to be waist deep in the kimchee with the BATF. No firearms distributor wants that kind of attention.

That will certainly cost you less and produce more effective results than filing a lawsuit. You can always get lawyered up and go to court if that avenue of endeavor fails to produce results, but I don't think you'll have to do it. No offense meant to the lawyers on this board, but it is my opinion that a lawsuit should be the avenue of last resort, not the first. We are too litigious as a society. There are often better, and more efficient ways of handling things, and if those other attempts go bust, then you can still seek legal redress through the courts. When you cool down a bit and think about it, do you really want the courts involved in your gun possession matters? Try something else first.