Almost lost an eye, please read!

Status
Not open for further replies.
Yup, detail-strip AND check headspace on all "previously enjoyed" firearms. I picked up an Enfield with unsafe headspace - the seller had probably been shooting it that way for years, but I choose not to. :runaway:
 
Now, I ain't no lawyer, and I don't know the whole story here, but... On glancing at the Criminal Code of Canada, with regards to someone knowingly selling an item that could be dangerous:

CCC. Sec 430(5.1) Every one who wilfully does an act or wilfully omits to do an act that it is his duty to do, if that act is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or data,.....

Again, dunno the whole story, and don't know if it could be proven that the seller KNEW the item was dangerous (Mods, maybe you wanna make sure all the posts are backed up, just in case?), BUT... Something to think about.

Glad there was no injury!!

Neal
 
I think maybe we're being a little quick to judge here. We haven't heard the other side of the story - maybe this WAS sent away for professional repair to a gunsmith somewhere who assured the seller that the gun was in 'perfect order' after the repairs.

The key here is the 'wilfully' part. It's entirely possible that the seller did not 'willfully' defraud anyone. If he can produce a receipt/work order from a 'smith somewhere stating that the repairs had been completed and certifying the gun to be in 'perfect working order,' then there's no wilful fraud.The 'smith, OTOH....

Hell, maybe he bubba'd it himself, but was not aware that it was unsafe. He'd probably be on the hook for disclosure, but 'fraud' or 'willfully committing an unsafe act' might be a stretch. Case in point - the Enfield mentioned above. A LOT of Enfields are sold with excessive headspace. Bottom line - determining headspace problems is probably beyond the capabilities of the average seller. There is ALWAYS *some* onus on the buyer - caveat emptor. The seller must still make things right, but I'm not sure he was even given the chance to do so here

Now, don't crucify me here just yet -- no doubt there is something stinky here and someone needs to get torched. But until we hear the other side, I think it's a bit premature.
 
Last edited:
^That is a fair comment Prosper, I believe that he deserves the opportunity to explain what happened as well.
I have a almost new CZ 858 for sale with less then 400 rounds through it need money for future project.
Click to expand...
We all know that there are three sides to every story, my side, your side and the truth. :rolleyes:
 
Heck man, Call the MP's at CFB Pet. And tell them your story. Being in the military puts you on a shorter leash then a civie. Mabey they can bring him up on some charges.
 
prosper said:
I think maybe we're being a little quick to judge here. We haven't heard the other side of the story - maybe this WAS sent away for professional repair to a gunsmith somewhere who assured the seller that the gun was in 'perfect order' after the repairs.

The key here is the 'wilfully' part. It's entirely possible that the seller did not 'willfully' defraud anyone. If he can produce a receipt/work order from a 'smith somewhere stating that the repairs had been completed and certifying the gun to be in 'perfect working order,' then there's no wilful fraud.The 'smith, OTOH....

Hell, maybe he bubba'd it himself, but was not aware that it was unsafe. He'd probably be on the hook for disclosure, but 'fraud' or 'willfully committing an unsafe act' might be a stretch. Case in point - the Enfield mentioned above. A LOT of Enfields are sold with excessive headspace. Bottom line - determining headspace problems is probably beyond the capabilities of the average seller. There is ALWAYS *some* onus on the buyer - caveat emptor. The seller must still make things right, but I'm not sure he was even given the chance to do so here

Now, don't crucify me here just yet -- no doubt there is something stinky here and someone needs to get torched. But until we hear the other side, I think it's a bit premature.
Click to expand...
You do make a good point, however the douche was just posting a while back saying his 858 was pooched. I hope the next time he's out driving his leo it misfires, bit of karma for him....
 
my opinion is the guy needs some really consequences. either

A: he did it on purpose. NEEDS some big consequences and a refund given to buyer.

B: he didnt have a hot clue and did it himself. NEEDS punishment for altering a firearm when he didnt know what he was doing, and passing it off as fully functional

C: it was messed up, he sent it to someone, they mucked it up, he sold it after "repaired" thinking it was fine. NEEDS smack for not checking his rifle out before he sold it. i mean this guy is in the military, ya think he should know to check his equipment, or at the very least able to spot something somewhat dangerous.

Yes, we do need to hear his side, but ANYWAY you put it, he mucked up and needs to refund the money in my opinion. its just a matter of stupid vs. scummy
 
Hope it all works out for you DAR. This thread has shown the worst and best of CGN. Luckily the lowlives are few and far between here.
 
What a greasy turd.
nutkick.gif
 
MRCLARK said:
He's right DAR, go to your nearest courthouse and ask for a small claims kit. The process costs about 100 bucks in total to go to court and process your claim. The neat thing is he has to attend or there could be an issue, legally.

Go to the page where his ad was take a screen shot of it and print it off for court. Especially the part that said the shape the gun was in.
Click to expand...

Not that simple. You need to have your claim served on him in person. Not an easy thing to do when the plaintiff and defendant are located in different province.
 
Popurhedoff said:
I know the guy in question, and have heard that the rifle in question was repaired out west due to headspace/ barrel movement issues. I am on an OP right now and I will talk to the individual and find out what is going on.

Again, as everyone clearly stated, it is UNSAT how this got passed on. I am glad you were not injured DAR 701.

I am not defending the guy but I beleive there is more to this story that is told at this moment.

IIRC that rifle in question was purchased at a western gunshop new (I will not name it at this time) it had a headspace issues, was sent back, repaired, sent back, same issue, re sent back, re repaired and sent back... I beleive this was a 6-8 month time period... there is something very fishy here that needs to be investigated.

Since the rifle was not purchased at our gunshop he did not bring it to us for repairs/replacement but sent it back to where he purchased and expected warrenty repair or replcement.

This in itself may raise a bigger question... Why did a reptiable gunshop carry out this shoddy workmanship? and why did they repeat the same repair over and over and potentionaly injure any user of the rifle in question?

This in no way dissolves the person who sold the rifle to DAR 701 of any responsibility for his actions.

Again, I will inquire and get back to you after I get back from this OP.
Click to expand...

Interesting. In his email back to me explaining that he is just a simple family man and that he is deploying in Jan. and blah blah f**k you no refund he tried to accuse me of doing the butcher work to the rifle and then said he bought it from a gunsmith and "First of all the gun was sent to me from a gun smith who had sold the gun to me in the condition it was when i sold it to you and no i did not no it was in bad condition". Whatver, the guy is a lying meatsack and all I can say is I am thankful I was shooting it at the time and not one of my buddies who at the time did not wear safety glasses. They all do now.

As for the gunstore in question, I find it very hard to believe that they would do that s**tty work to a rifle that all the gunshop needed to do was to send it back to Wolverine Supplies for warranty work instead of fixing it themselves. Its not that hard to figure out that 3 small machine screws in a row are not going to stop the forward momentum of the barrel.
 
Try contact the gunshop if you know which one and find out what the real story is. If the seller is lying, the truth will fall right out.
 
DAR 701 said:
As for the gunstore in question, I find it very hard to believe that they would do that s**tty work to a rifle that all the gunshop needed to do was to send it back to Wolverine Supplies for warranty work instead of fixing it themselves. Its not that hard to figure out that 3 small machine screws in a row are not going to stop the forward momentum of the barrel.
Click to expand...

hi all....glad than you was not hurt, DAR...
but I`ve seen couple times the gunjob done by "professional" gunsmith very well known in my province....after that I will never bring my gun to that shop...sorry....
and yes, the refund MUST be given....unsafe gut - the worthest thing we can get in out hobby :(
 
DAR 701 said:
Interesting. In his email back to me explaining that he is just a simple family man and that he is deploying in Jan. and blah blah f**k you no refund he tried to accuse me of doing the butcher work to the rifle and then said he bought it from a gunsmith and "First of all the gun was sent to me from a gun smith who had sold the gun to me in the condition it was when i sold it to you and no i did not no it was in bad condition". Whatver, the guy is a lying meatsack and all I can say is I am thankful I was shooting it at the time and not one of my buddies who at the time did not wear safety glasses. They all do now.

As for the gunstore in question, I find it very hard to believe that they would do that s**tty work to a rifle that all the gunshop needed to do was to send it back to Wolverine Supplies for warranty work instead of fixing it themselves. Its not that hard to figure out that 3 small machine screws in a row are not going to stop the forward momentum of the barrel.
Click to expand...

If POP can't help you or fast enough write a letter to the Commanding Officer of the Royal Canadian Dragoons with your concerns, I guarantee, you WILL get satisfaction. PM me if you need help.
 
I offered to fix up DAR's 858 (for free - I'm an idiot :redface:) before I saw Mr. Wolf's post...now I GOTTA buy something from that man! I also have to know who did the 'work' on the rifle.
 
MPI said:
If POP can't help you or fast enough write a letter to the Commanding Officer of the Royal Canadian Dragoons with your concerns, I guarantee, you WILL get satisfaction. PM me if you need help.
Click to expand...

X2

This is the best way to get back at him. Best case, they pressure him into making good. Worste case... RSM's whipping boy as duty knob plus the reputaion of being an asshat.

Either way, a great way to get things moving.

JR
 
Status
Not open for further replies.
Back
Top Bottom