How do I get a rifle back from a defunct gunsmith?

Hi all,

A couple of years ago I inherited a Winchester 1892 from my father when he passed away. It was in fairly rough shape, so after checking around for a while I decided to send it to Midwest Gunsmiths (Dave Chicoine). And I've never gotten it back. First, the gunsmith broke his hand, then his father had some severe medical issues, so I cut him a lot of slack. He promised me he was working hard and that he would get to my rifle soon. Every couple of months I'd email him to remind him I was expecting my rifle back at some point.

Today his email started bouncing, and his website is no longer up.

Does anybody have any suggestions about what I should do next?

I would start with calling his local law enforcement and talk to them.
If your not happy with that outcome call his local atf office.

Found it...

It seems they've had a horrible string of bad luck, including their house burning down. But they've also set up a way to get your gun returned. See:

http://smith-wessonforum.com/s-w-antiques/408227-dave-chicoine-update.html

So I guess my main question now is, can they ship my gun back to my house or do I need to find an FFL?




Quote is below:



AD FEEDBACK
To All Forum Members:

Many of you are aware of the devastating health and subsequent financial issues that have affected Dave Chicoine Sr., his son Dave Jr., and their families the past couple years. A number of you have found yourselves waiting incredibly long periods for the repair / return of the gun(s) you had sent to their shop, and for contact with Dave, Jr. - who tried his best to fill his father’s massive shoes and finish the work that was on hand at the time of Dave Sr.’s stroke, as well as continue to take in jobs on his own to keep the business running. Sadly, Dave, Jr. has unable to make this happen and the business has been closed.

Dave Jr. and his mother, Kathy, who assisted Dave Sr. in the shop daily for over 30 years before having to retire to take care of her husband, have set a Chapter 7 Bankruptcy proceeding in motion. They are working with a local Charlotte-area attorney, who specializes in bankruptcy law, to bring all matters involving the business to a successful resolution as soon as possible. Each and every gun sent to their shop in ALL years past, if not already previously returned to the owner, is accounted for. Each gun 100% safe and sound, and in the vault at their business location.

Kathy and Dave Jr. have been working for some weeks now to return every gun to its rightful owner and have shipped out quite a few thus far. If you own a gun that they have had for repair and/ or restoration, you may have it returned to by following the simple and easy instructions below. Please note that a documentary file has been created on each gun in their possession, for purposes of identifying every creditor. The returns of every gun in their possession will be handled by the Chicoine’s, not by the attorneys or the bankruptcy court. No one will have to deal with the court system to get their gun(s) back, they will be returned direct to the owner in accordance with the instructions below.

To activate the process for return of your gun(s), please send by Registered Mail (or Signature Required FedEx – UPS, with an official tracking number) a letter or note, referencing your item(s) and requesting their return, with your contact information and street address noted, along with a C&R license or FFL as may be required, to:

Kathy Chicoine
1210 Jones Street
Gastonia, NC 28052

Upon receipt of your letter, Kathy will contact you and make workable arrangements to ship your gun(s) as soon as possible. You will then need to send a check or money order via Registered / Certified Mail, Fed-Ex – UPS as specified above, to cover the shipping & insurance costs, as the Chicoine family simply cannot afford to do so.

No phone calls and no e-mails, please….. the phone and e-mail accounts on their website are no longer active.

Kathy and Dave Jr. want to be sure of YOUR protection as well as their own. They have no intent or desire to keep anyone’s guns, and therefore require that every return request and shipment be documented, which will also allow them to easier comply with the court’s record-keeping procedures as specified by the attorneys.

Kathy and Dave Jr. have asked me to convey their sincere regret for the lack-of-production and lack-of-communication that has existed for some time now. They are very sorry for the financial inability to make refunds on advance payments received in time past, and for the final outcome that no one ever wanted to see happen. They also want to express their deepest gratitude to all those of you who have made things along the way a little easier, through your kind and understanding words and the compassion that many have shown to their family as you’ve communicated with them individually over the past few years.


Finally, although Kathy initially asked me to not make public the following, due to my blazing-hot insistence she relented and allowed me to say this, so that those of you who still call the Chicoine family your friend’s will be aware: Dave Jr.’s home was destroyed by fire this past weekend, virtually all their possessions were lost. The insurance company was on the scene within hours and has already begun the process of helping them be restored, furnished with clothing and household items, as well as providing the money for replacing the children’s Christmas presents and other toys, and a place to live while reconstruction of their home is underway.

This resilient family has all their hands full, yet again, at what should be the most happy and joyous time of the year. Remember them in your prayers, please -- regardless. There, but for the Grace of God, be any one of us...


Thanks, on behalf of the Chicoine family, for your attention to the details of this matter -- and thanks from me, to those of you who have been good, kind and understanding to folks who have been much more-than-friends to many of us over the 30+ years that we've played toys (guns), raised children and grandchildren, spent time and enjoyed life together.

They should be able to mail it back to you. Assuming it wasn't consumed in the fire.

jimbobborg said:

They should be able to mail it back to you. Assuming it wasn't consumed in the fire.

Click to expand...

The fire was at Dave Jr's home not the business.

that's a whole bunch of suck! for everyone.
sounds time consuming and expensive to clean up too.

Gastonia NC is not that far to drive. Contact them and ask if you can drive down and pick it up in person. It's a simple 6.5 hours down 95 to 85, just west of Charlotte. That's what I'd do.

Blast out of MD before sun-up, pick up the rifle, stop for some BBQ, and head back.

ROAD TRIP!