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The late Merle Bitikofer, who was known as the Drum Doctor (He tuned up full auto Thompson drums) told me a similar story about a SMG Thompson he bought from a guy in Salem. Merle lived in Dallas, OR.
When he received his tax stamp, he found out the the elderly guy had recently died.
He did some research and went to the sons house, who lived nearby. The son denied knowing anything about a full auto Thompson, so Merle went to the county sheriffs office and after explaining his problem, he promptly got his Thompson after the Sheriff explained to the son how much trouble he would be in by not handing it over, since he was the one who moved his late fathers belongings, as seen by the neighbors.
 
If it was me, I would explain to the small claims judge that the defendant has physical possession, but not legal title to my can, and that the approved form 4 is the government's approval of delivery of physical possession. The defendant has not explained any lawful basis to keep physical possession of my (or the trust's if the Form 4 is filed on a trust's behalf) property. Ask an Oregon lawyer if Oregon small claims court can order a defendant to turn over wrongfully retained property. Only in a far distant second choice would I sue for a money judgment, and only as an alternative backup request. I would first request physical delivery of my property, and a money judgment as a secondary request. If it was me.
 
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On the Small Claim complaint there's a place to fill out the amount of monetary damages claimed and you can also specify what additional action you want the court to take to satisfy your claim. So you could list monetary damages (legal costs) and request an order to deliver the disputed property.

In my county the court provides the required Small Claim forms at a cost of one dollar.
 
Got any contact info? I'd love to just get ahold of Matt at this point
Last time I tried to call him I never heard back. Towards the end of their business I mostly saw Tony and the other staff, Matt wasn't around often.

If you want Matt's cell number shoot me a convo.
 
I have a can that was approved almost 2 months ago, and they guys at Oregon arms and ammunition are shut down and completely ignoring all emails. Not sure if it's time to report them to atf or what. Any suggestions?
Contact the ATF. An FFL that closes down MUST transfer any NFA items they are holding to another FFL, and are required to report the same to the ATF. This is your first step, especially if OAA does not respond to you.
 
Well I called atf. Basically they told me I need to file a police report or small claims. They can give me my 200$ back so that's nice. They didn't even seem worried at all a suppressor was unaccounted for. Called the local atf, an agent gave me their home address as they seemed to have listed it as the location of their still current ffl license. And a new phone # no one is answering. So I got a little headway, maybe.
Hold up a sec.
They canceled your Form 4 and refunded your $200.00 fee
or
They felt sorry for you they gifted you $200.00 for the inconvenience you are going through and you still have a valid Form 4

Which one of those and they did it basically while you were on the phone with them?
 
Well I called atf. Basically they told me I need to file a police report or small claims. They can give me my 200$ back so that's nice. They didn't even seem worried at all a suppressor was unaccounted for. Called the local atf, an agent gave me their home address as they seemed to have listed it as the location of their still current ffl license. And a new phone # no one is answering. So I got a little headway, maybe.
Damn, well at least you know now the next step. Looks like it will take a court date to wake them up.
 
It's a real shame hearing about this situation. They were a good shop with knowledgeable people and a site sponsor here at NWFA. But holding NFA items for a "mass release" sounds like an excuse to me. If they are a home-based FFL at this point what is stopping them from doing business as usual like everyone else?
 
Hold up a sec.
They canceled your Form 4 and refunded your $200.00 fee
or
They felt sorry for you they gifted you $200.00 for the inconvenience you are going through and you still have a valid Form 4

Which one of those and they did it basically while you were on the phone with them?
Atf Will refund the tax stamp if the can is "gone" that's all.
 
Well I called atf. Basically they told me I need to file a police report or small claims. They can give me my 200$ back so that's nice. They didn't even seem worried at all a suppressor was unaccounted for. Called the local atf, an agent gave me their home address as they seemed to have listed it as the location of their still current ffl license. And a new phone # no one is answering. So I got a little headway, maybe.
You have their address drive over there and knock be polite let them know you have contacted the ATF maybe that will lite a fire under them
 
It's a real shame hearing about this situation. They were a good shop with knowledgeable people and a site sponsor here at NWFA. But holding NFA items for a "mass release" sounds like an excuse to me. If they are a home-based FFL at this point what is stopping them from doing business as usual like everyone else?
Good question, No idea. This lack of communication is some of the worst customer service Iv ever experienced through.
 
Hold up a sec.
They canceled your Form 4 and refunded your $200.00 fee
or
They felt sorry for you they gifted you $200.00 for the inconvenience you are going through and you still have a valid Form 4

Which one of those and they did it basically while you were on the phone with them?
That's not my read on the post, he said the ATF could refund his money (thereby implicating cancellation of the stamp).
 
Finally got my can. Did a pickup at the old store location. Out of the back of his truck. And he said they have a bunch more cans for people they haven't even able to contact. After all this it might just be him. But all worked out. They have one more pickup at the old Hillsboro location (it's now a jujitsu studio) on Sunday 12/17/23 if anybody here sees this thread.
 

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