Dealing with dishonest gunsmith -- any ideas?

[Whisper]

This isn't really about gunsmithing, or about law, although it touches on both.  Moderators, please move to this one of those categories if it fits better.

In late February, I contacted a well-regarded gunsmith in Texas about doing some custom work on a S&W revolver.  He quoted me a price on the work and said it would take him 6-8 weeks, probably more toward the short end of that range since he wasn't backed up at the moment.  I shipped him my gun March 3.  I got a text message from him March 12 saying he would begin work on my gun the following week.  After 8 weeks I started sending e-mails to inquire about progress.  No response.  I sent text messages.  No response.  I finally called the phone number of his shop (found online) on May 25.   He answered.  He told a complex story about how he and his mother had gotten COVID vaccinations and both became so sick they were hospitalized for weeks.  (Don't ask me why he drug his mother into it.)  I was annoyed and let him know it; he promised he would have the gun finished in two weeks.  After four weeks, nothing.  I started calling and texting again, with no response.  I called his shop phone again and got a voice message but his mailbox was full.  On Aug. 3 I sent him a text message threatening legal action.  He promptly responded and said I had no grounds for legal action (although he'd told me in our phone conversation that two customers has reported him to the police for stealing their guns and that it had taken him a while to unravel that).  He said then that he was angry because I had been rude to him on the phone on May 25, and although he had promised to finish the gun in two weeks, he had never intended to follow through on that promise.  At this point I told him just to return the gun to me.  He finally said he would finish the gun "at my earliest convenience" and would return it then.  

It's now been 10 weeks since his promise in August (and more than 7 months since his initial promise of 6-8 weeks).  He's again not responding to messages.

Does anyone know if I actually have any legal recourse here?  Is it a civil matter, or is theft of a gun (I don't know what else to call it; he has my gun and will not return it)  somehow worth trying to bring a criminal charge in another state?  I plan to let others know of his dishonest practices and poor customer service but I want to get my gun back first.  I'd appreciate suggestions on how to do that.

Thanks,

Whisper

Edited October 30, 2021 by Whisper

[derf]

WOW. I understand COVID is everyone’s new crutch. It is theft. It is theft crossing state lines. But even better it is theft by fraud, mail fraud. Call your post master for guidance. They have a law enforcement division. Might even get the feds involved (ATF). Or, we can make a road trip. I’m already packed. Just say when. 
 

 Think you need to post who they are to protect your brothers here. I’m retired and have nothing better to do than email and make phone calls at all times of the day and night. I’m a night owl and am up at some ungodly  hours. 

[gregintenn]

I’d like to know who you’re dealing with here. I expect everyone else would as well.

[Nikiski Dave]

7 hours ago, derf said:

WOW. I understand COVID is everyone’s new crutch. It is theft. It is theft crossing state lines. But even better it is theft by fraud, mail fraud. Call your post master for guidance. They have a law enforcement division. Might even get the feds involved (ATF). Or, we can make a road trip. I’m already packed. Just say when. 
 

 Think you need to post who they are to protect your brothers here. I’m retired and have nothing better to do than email and make phone calls at all times of the day and night. I’m a night owl and am up at some ungodly  hours. 

I get shotgun.

[10-Ring]

I see a lot of avenues here, though I'm not sure what, if any would be most effective.  

1) Send a certified letter demanding the immediate return of your firearm.  Explain that if you do not have possession within 10 days you will report the firearm as stolen and/or you will file a civil suit to reclaim your firearm and any legal fees that your incur.  I see no reason that this shouldn't be your first step.  If the gunsmith is even somewhat reputable he will want to avoid the potential legal hassle that may be coming his way.  

2) Report the firearm as stolen, most likely that will need to be done locally as they will likely need to take a report in person. 

3) Call the ATF field office that covers the area where the gunsmith is.  Be able to provide them with the police report where you have reported the gun stolen.  They can help you, the big question is will they be willing to.  

4) When you attempt to report the gun as stolen, you may be told that it is a civil matter and not a criminal matter.  As you likely do not want to travel to where the gunsmith is, contact an attorney that is local to the area.  It may get a little pricey, but you will most likely recoup your expenses through the courts, if the gunsmith, is smart he will want to avoid absorbing your legal expenses, as they will much more than he stood to profit from his work on the gun. 

 

5) Document EVERYTHING.  No more phone calls unless they are recorded (no need to inform anyone that the call is being recorded, Tennessee is a one party state, so only one person on the call (you) has to have knowledge that it is a recorded conversation.  The one party rule would apply on an interstate call as long as the call is placed from a one party state). Email and text messages are your friend as they are very easy maintain as evidence. 

 

GOOD LUCK!

 

[Whisper]

10-Ring, these are useful suggestions.  Thank you.  (Nikiski Dave, your suggestion also has great emotional appeal, but is probably not as workable as 10-Ring's.  )

And I do want to prevent my brothers and sisters here from making the same mistake I did.  The liar in question is Nik Brasher at Brasher Gunworx in Conroe, TX.  He reportedly does beautiful color case hardening and other restoration work, and I've seen photos of some excellent work allegedly done by him.  My experience with him is such that I can only wish him an early bankruptcy.

I'll begin Operation Give Me Back My Damn Gun and will keep you all posted.

Thanks,

Whisper

[Alleycat72]

This same thing happened on a different page I'm on. It was also a gunsmith in Texas. They called the police. After a visit from the police, the gun was returned. 

[peejman]

I would call his local PD and see what action they recommend. 

[Grayfox54]

I also suggest starting with local PD. If that don't work, contact ATF.  

[bobsguns]

I have nothing to add other than I hope the gun isn't returned as a box full of parts. He might do that out of spite, I don't know.

This is a perfect example of getting recommendations from people you know before one sends off a gun for some work. Hope everything turns out well in this case.

[Alleycat72]

Conroe
https://maps.app.goo.gl/byvr5xCBPPeqVNjv9

Just sayn

[Darrell]

Consider a Better Business Bureau complaint. You can do that right now. I filed one against an HVAC contractor who was refusing to respond to my calls and after the BBB contacted him he responded immediately. I don't think the BBB has any legal teeth at all, but at this point the more you can pressure Mr. Brasher, the better.