An antique Pearson’s Automatic Nailer, an early mechanical nail gun (circa 1908). Nails were gravity-fed from the top hopper into a chute, and a hammer blow on the plunger drove each nail.
Invention and Historical Background
The Pearson’s nailer was one of the first portable automatic nail guns, invented in the 1890s. Its creator, Erland Martin Pearson of Robbinsdale, Minnesota, was inspired by watching frustrated roofers struggle to hold and drive nails on steep roofsmnhs.org. Pearson, an immigrant from Sweden born in 1856, had begun his inventive career with a steam heating apparatus patent in 1892mnhs.org. That same year, he patented the earliest version of his nailer – initially conceived as a “carpet stretcher and tacker” device (U.S. Patent 467,864, granted Jan. 26, 1892)patents.google.comdatamp.org. Over the next few years, Pearson continued refining the concept into a true automatic nail-feeding hammer. By 1892–1895, he had developed a gravity-fed nailing tool that could automatically present nails for driving. Pearson claimed the idea “was inspired by watching exasperated roofers lining up nails on steep pitches,” prompting him to devise a labor- and finger-saving shingle nailermnhs.orgpopecountymuseum.wordpress.com. This odd-looking gadget – often called a “shingle nailer” or “automatic nailer” – had no parallel in its time, and contemporary ads touted it as a revolutionary time-saver for roofersrobbinsdale.org.
Pearson’s most successful model emerged in the 1900s. In 1906, he filed a patent for an improved shingle nailer (granted Jan. 7, 1908 as U.S. Patent 876,086)mnhs.orgdatamp.org. This design is considered the definitive Pearson’s Automatic Nailer and is credited with “effectively spawning the first [portable] nailing machine” in an era well before modern pneumatic nail gunswoodfloorbusiness.com. Pearson’s device predates the air-powered nail guns of the mid-20th century by decades, making it a true forerunner of automated nailing technology. It was manufactured by the Martin Pearson Manufacturing Co., Robbinsdale, and later by Pearson’s company (Pearson Mfg. Co.) from about 1908 through the 1910syoutube.comdatamp.org.
Manufacturer, Patents and Markings
The nailer was produced by Pearson’s Manufacturing Co. of Robbinsdale, MNdatamp.org. Early models of Pearson’s nailer bear patent dates cast into the handle. Known examples have “PEARSON’S NAILER” and multiple patent dates marked on themdatamp.org. Pearson’s initial patent was issued Jan. 26, 1892 (No. 467,864)patents.google.com, covering the basic mechanism of feeding tacks/nails and driving them – originally intended for carpet laying and analogous tasks. The company continued to improve the design through the mid-1890s. Patent dates Jan. 29, 1895 and July 9, 1895 are seen on some tools, indicating Pearson obtained additional U.S. patents that year (likely addressing refinements in the nail-feeding hopper and plunger mechanism). Finally, Pearson’s major “automatic shingle nailer” improvement was patented in 1906 (granted Jan. 7, 1908, Patent No. 876,086)datamp.org. The 1908 patent explicitly cites Pearson’s 1892 patent and adapts the earlier invention for handling and driving wire nails more effectivelydatamp.org.
Patent documentation reveals Pearson’s ingenuity. His 1908 patent, for example, describes a gravity-feed hopper that aligns nails point-down in guide slots, a spring-loaded plunger, and an escapement lever system to dispense one nail at a timedatamp.org【25†L140-L149**】. Earlier patents in the 1890s show Pearson experimenting with applications of the tool: one patent was geared toward shoe-nailing machines (for cobblers)patents.google.compatents.google.com, illustrating the versatility of his nail-feeding concept across trades. By the time of the “Pearson’s Automatic Nailer” marketed in the 1900s, the handle was cast iron with the inscription “PAT. Jan. 26–92 / Jan. 7–08” (referencing the 1892 and 1908 patents)brayco.com. Some earlier-production units list the 1892 and 1895 dates instead, reflecting the state of Pearson’s patent portfolio before the 1908 improvement. In all cases, these markings served to protect Pearson’s intellectual property and advertise the tool’s patented status.
Mechanical Design and Usage
Mechanically, Pearson’s nailer is a manual impact nail gun. It does not use compressed air or electricity, but rather a clever combination of gravity feed and a spring-return striking plunger. In operation, the user loads a supply of nails into the top hopper (magazine). The hopper’s interior is shaped with inclined floors and guiding ribs so that nails roll into vertical slots head-up (points downward)datamp.org. Gravity causes the nails to slide down a chute, essentially forming a queue of nails. At the bottom of the chute, the leading nail is held in a nail holder directly under the plunger. Pearson’s patents describe spring-steel jaws or clips that temporarily support the nail by its head until the moment of drivingpatents.google.compatents.google.com.
When the operator positions the tool over the workpiece and strikes the top plunger head with an ordinary hammer, the plunger (acting like a built-in hammer) drives the nail into the wood in one strokepopecountymuseum.wordpress.com. An internal coil spring then automatically retracts the plunger to its raised positionpatents.google.com. During the plunger’s brief descent and return, an ingenious feed control mechanism momentarily blocks the next nail in the chute from dropping (to prevent jams)patents.google.com. Once the plunger is back up, the block releases and the next nail drops into place below the plunger, ready to be driven on the next hitpatents.google.com. In this way, a roofer or carpenter can rapidly drive nails one after another by simply moving the tool and striking it repeatedly, without ever handling individual nailspatents.google.compopecountymuseum.wordpress.com. Contemporary descriptions boasted that “nails can therefore be driven into a surface as rapidly as the blocks can be struck on the plunger”patents.google.com – effectively increasing nailing speed and keeping the worker’s fingers out of harm’s way.
Intended use cases for Pearson’s nailer were primarily in roofing and similar carpentry tasks. It was often called a “shingle nailer” because it was marketed to drive the short wire nails used for wood shinglesdatamp.org. Roofers of the era typically had to grip small nails and risk hitting their fingers; Pearson’s tool let them keep one hand on the device and one on a hammer, greatly reducing that riskpopecountymuseum.wordpress.com. Advertising from the early 1900s emphasized that the Pearson’s Nailer not only saved time but also “saved your fingers” from being smashedrobbinsdale.org. In addition to wooden shingles, the nailer was useful for metal roofing and siding (e.g. driving nails with tin caps) and assembling crates or boxes – any job involving repetitive nailing of identical nails. The tool was produced in at least two sizes to accommodate different nails: a “BLUE” model for 3d (1¼″) common wire nails (14 gauge) and a slightly larger “RED” model for 3d galvanized nails (13 gauge)datamp.org. This color-coding suggests the tools may have been painted accordingly (indeed, surviving examples often have traces of blue or red paint), and it ensured the nails in the hopper matched the tool’s specifications.
Using the Pearson nailer required some practice: the hopper had to be kept filled with nails and occasional jostling might be needed to keep them flowing. Nonetheless, period users found that it greatly increased efficiency, especially for roofing. One historical account notes Pearson’s invention was unique – “there was nothing else like it” at the timerobbinsdale.org. It turned a two-handed, delicate process (holding a nail and hammering) into a safer one-handed operation. Essentially, Pearson’s nailer is a precursor to the modern hammer tacker or palm nailer, using muscle power but automating nail placement. It embodies a clever 19th-century solution to a common construction challenge.
Collectible Value and Rarity Today
Today, Pearson’s Automatic Nailer is a sought-after antique tool collectible, prized by tool enthusiasts and historians as an early example of a nail gun. Its value as a collectible depends on several factors, chiefly condition, completeness, and rarity. The tool was produced in the early 20th century in limited quantities (Pearson’s business operated into the 1910syoutube.com), and surviving examples are uncommon but not one-of-a-kind. Collectors especially covet nailers in excellent original condition – for instance, with original paint finish, legible patent markings, and the hopper and internal mechanisms intact and not rust-frozen. Some Pearson nailers even came with a leather-wrapped handle for grip, which if preserved, adds to value.
15th Annual New Years Day Auction
Ring in 2026 with Montana's Premier New Year's Day Auction Event!
National Auction USA is proud to present our milestone 15th Annual New Years Day Auction, featuring an exceptional estate collection from Wyoming alongside premium consignments. This is shaping up to be the biggest and best auction in our 15-year history!
Major Wyoming Estate Collection
Over 500 Pieces Including:
Antique & Vintage Clocks (200+)
- Authentic Black Forest cuckoo clocks with hand-carved details
- Rare German cuckoo clock collection featuring wildlife and hunting scenes
- Antique mantle clocks and wall clocks
- Victorian-era clock sets with matching urns
- Advertising clocks including vintage Calumet Baking Powder clock
Premium Antique Furniture (120+ Pieces)
- Vintage oak tables with barley twist legs and claw feet
- Period display cabinets and apothecary storage
- Victorian-era parlor furniture
- Turn-of-the-century dining sets
- Antique side tables and accent pieces
Vintage & Antique Toys (100+ Pieces)
- 1950s-60s tin lithograph toys including Disney Disneyland Express train
- Vintage pressed steel trucks and farm equipment
- Rare Honeymoon Express tin wind-up toy
- Collectible die-cast vehicles
- Marx and other premium toy manufacturers
Featured Highlight Items
Antique Candy Store Display Cabinet Stunning oak apothecary-style display with 12 glass-front compartments. Original hardware, museum-quality piece perfect for retail, home bar, or collector display. Currently loaded with vintage candy for full visual impact!
Custom Montana Bar One-of-a-kind bar crafted from a reclaimed Montana double sided icebox.
Premium Massage Chair - Like New Showroom floor model massage chair in excellent condition. Features full-body massage, heat therapy, zero-gravity positioning, and modern taupe upholstery. Retail value over $3,000.
Fine Collectibles & Décor
- Large vintage spelter statue with classical design
- Victorian decorative urns and garnitures
- Period frames and wall décor
- Antique glassware and china
- Vintage advertising pieces
Still Accepting Quality Consignments!
Have items to sell? We're still accepting consignments for this premier event. Contact us today to be part of Montana's biggest auction of the year!
Why This Auction Will Be Different:
- Largest single-estate offering in our 15-year history
- Museum-quality antiques and collectibles
- Something for every collector and buyer
- Local pickup available
- Online bidding platform for nationwide participation
Mark your calendars - this is THE Montana auction event to start 2026!
Additional photos and detailed lot descriptions will be available on our website when bidding opens.
NATIONAL AUCTION TERMS AND CONDITIONSIMPORTANT: Your acceptance of these terms is your promise to read and abide By the Condition of Sale as Printed below.1. GENERAL CONDITIONS OF SALEWhile Auctioneer has endeavored to advertise and describe the property correctly, all property is sold "as is," and neither Auctioneer nor consignor will be responsible for the description, authenticity, genuineness, provenance, or condition of the property. No statement contained in the advertisement, catalog or made orally at the sale or elsewhere shall be deemed to be such warranty or representative or an assumption of liability. All buyers should physically inspect the item prior to placing any bids. No bids can be withdrawn for any reason. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resell the article in dispute. If any dispute arises after the sale, Auctioneer's sale record shall be conclusive as to who was the purchaser, the amount to the highest bid, and in all other respects. If the auctioneer, in his sole and final discretion, decides that any original bid, that any advance thereafter is not sufficient amount, he may reject the same. While most items in the auction will be sold without reserve, the auctioneer withholds the right to bid in behalf of each consignor for the purpose of protecting reserves, that is, placed bids during the auction if and when the highest bid is less than the reserve on the lot being offered. No properties purchased during auction may be removed until paid in full and must be removed on sale day or during the time frame of scheduled pickup times, unless special arrangements have been made prior to placing bids. Auctioneer will not be responsible for lost or damaged merchandise and no refunds will be made if lost or damaged. Unpaid invoices past the scheduled pick up days will be automatically settled with credit card on file. Items left past scheduled pickup days will be considered abandoned and become the property of National Auction. No refunds for abandoned items.2. LOT DESCRIPTIONS & CONDITIONNational Auction offers lot descriptions and condition details as a courtesy to bidders. They are intended to be accurate but represent opinions only, not statements of fact, and do not imply any warranty concerning condition, or any assumption of liability. Lot announcements, listings, photographs, and catalog information are for descriptive purposes only. Plan to inspect the items in person before bidding. It is the buyer's sole responsibility to ascertain, confirm, research, inspect and investigate condition prior to bidding. A physical inspection is encouraged and suggested. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. All items sold as-is where-is with no warranties expressed or implied. Let your inspection be your guide. Failure of a buyer to be fully informed on the condition of an item will not constitute grounds for any claim adjustment or right to cancel sale.3. PAYMENT3.1 Accepted Payment MethodsAll bidding increments and payments will be in US Dollars (USD). Cash, credit card, Wire Transfer ($10 Fee), or we will accept your personal or Company check accompanied by a current driver's license. All purchases must be paid for the day of the auction or within the time frame of pickup days. (Pick Up Days Can Be Found Under The Removal Times Tab at the top of the Catalog)3.2 Special Payment Requirements*All gold jewelry and gold/silver coins must be paid for using either cash or wire transfer. Credit cards or checks will not be accepted. *All titled units must be paid for using either cash, wire transfer, check with ID or cashier check. No credit cards will be accepted.4. BUYER PREMIUM15.5% Buyer Premium 3.5% Discount when paying cash or check.5. BIDDER REGISTRATIONYou must be 18 years of age or older to register and bid. During the registration process, you must submit information found to be current, complete, and accurate for proper identification. You acknowledge that it is your responsibility to continually maintain current and accurate account information. All bids are final and cannot be retracted or removed.6. RETURNSAll sales are final. There are no returns, refunds, credit card charge-backs or adjustments.7. NO SHOW BIDDERS & NON PICKED UP ITEMSAny open invoices after the scheduled pick-up days the card on file will be charged. Items left past scheduled pickup days will be considered abandoned and become the property of National Auction. No refunds for abandoned items.8. NON PAYING BIDDERSNon-paying bidders or fraudulent bidding will be subject to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. Non paying or fraudulent bidders will result in your bidding account being suspended.9. LOT GROUPINGSSome lots/items may be grouped. Winning bidder is responsible for removing the entire lot. Failure of the buyer to remove the entire lot will result in bidding account being suspended.10. AUCTION BIDDING PROCEDURES10.1 Soft Close Auction FormatThis auction features a one-minute soft close format. Any bid placed during the final minute of a lot's closing time will automatically reset that lot's timer to one minute, continuing until no more bids are received. This process ensures all interested bidders have adequate opportunity to participate in the bidding process.10.2 Linked LotsSome lots in this auction may be linked together for bidding purposes. When you place a bid on any linked lot, the closing time will be extended for all lots within that linked group.Linked lots are clearly identified by:• A link symbol (🔗) displayed with the lot• A corresponding letter designation• Lots sharing the same letter are linked togetherBidders should be aware that bidding activity on any lot within a linked group will affect the closing times of all lots in that group. You are still bidding on the items separately.10.3 MAX BID FEATURE10.3.1 How Max Bid WorksBidders may place a maximum bid amount on any lot. The computer software will automatically bid on your behalf up to your specified maximum amount using the predetermined bidding increments. Your actual bid amount will only increase as needed to maintain your position as the highest bidder, up to your maximum bid limit.10.3.2 Bid PriorityIf two or more bidders enter the same maximum bid amount, the bidder who placed their maximum bid first will be considered the highest bidder.10.3.3 Modifying Max BidsBidders may increase their maximum bid amount at any time. Maximum bids may only be lowered to one bid increment above the current leading bid.10.3.4 NotificationsBidders will receive notifications when they have been outbid, based on their individual account notification settings. It is the bidder's responsibility to monitor their bids and adjust their maximum bid amounts as desired.10.3.5 Soft Close InteractionMaximum bids will continue to function during soft close extensions. If competing bids trigger the soft close feature, your maximum bid will continue to automatically bid on your behalf up to your specified limit.10.3.6 Bidder Responsibility for Max Bid ErrorsIMPORTANT: Bidders are fully responsible for any errors in their maximum bid entry. If you mistakenly enter an incorrect maximum bid amount (for example, entering $10,000 when you intended $1,000), you are legally bound to honor any winning bid up to that maximum amount. Even if bidding exceeds your intended amount (such as reaching $1,500 when you only wanted to spend $1,000), you remain responsible for the final winning bid price. National Auction is not responsible for bidding errors and will not cancel sales due to maximum bid entry mistakes.10.3.7 Final Sale TermsAll maximum bids are final and binding. By placing a maximum bid, you agree to purchase the item at any winning amount up to your maximum bid limit.11. POSSESSIONMerchandise becomes the FULL RESPONSIBILITY of the buyer at the close of the auction and the buyer assumes all risk of loss and damage to property at that time. In any such event, the bidder will be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property.12. PICKUP INFORMATIONPick up days are listed at the top of the catalog by clicking the removal times button. National Auction will facilitate check out/pickup. Buyer is responsible for loading their own items. Buyer must make sure they have all their items before leaving. No refunds for missing or lost items.13. ITEM REMOVAL AND PICKUP13.1 BUYER RESPONSIBILITY FOR SELF-REMOVAL13.1.1 Primary ResponsibilityThe removal of all purchased items is the sole responsibility of the buyer. Buyers must arrange for adequate assistance, equipment, and transportation to safely remove all purchased items from the auction premises during designated pickup times. National Auction offers optional removal services for an additional fee (see Optional Removal Services section below).13.1.2 Required Materials and EquipmentBuyers choosing self-removal are responsible for providing all necessary materials, including but not limited to:• Boxes and containers for small items• Moving equipment (dollies, straps, etc.)• Adequate personnel for heavy lifting• Protective materials for fragile items• Tools for disassembly (screwdrivers, wrenches, etc.) when items require partial disassembly for safe removal13.1.3 Packing MaterialsBuyers must provide all packing materials including but not limited to boxes, bubble wrap, moving blankets, straps, and protective coverings. While National Auction may occasionally have boxes available for small items, this is not guaranteed and should not be relied upon. Buyers should come prepared with their own packing and moving supplies.13.1.4 Item Location During PickupSome purchased items may be moved to a designated checkout area for convenience, while others may remain in their original location within the auction facility. Regardless of location, the buyer is solely responsible for identifying, collecting, and removing all of their purchased items.13.1.5 National Auction Staff PresenceNational Auction staff will be present on-site during designated removal times to facilitate the pickup process, verify purchases, and provide general guidance. However, staff will not provide physical assistance with moving, loading, or transporting items for buyers choosing self-removal.13.1.6 Property Damage LiabilityBuyers are fully responsible for any damage caused to the auction facility, grounds, or property during the removal process. This includes but is not limited to damage to floors, walls, doors, landscaping, or any other property features. Buyers will be held liable for repair or replacement costs for any damage they cause while removing their purchased items.13.1.7 Removal TimeframesAll items must be removed within the specified timeframe announced at the time of sale. Items not removed within the designated period may be subject to additional fees or forfeiture as outlined in these terms and conditions.13.1.8 Alternative Service ProvidersBuyers may also arrange for third-party removal services. All third-party service providers must:• Provide proof of insurance• Coordinate with National Auction staff before beginning work• Comply with all facility safety requirements• Complete removal within designated pickup timeframes13.2 OPTIONAL REMOVAL SERVICES13.2.1 Availability of Removal ServicesNational Auction may offer removal and loading services for an additional fee at our sole discretion. These services include:• Professional loading assistance• Equipment operation (forklifts, dollies, etc.)• Disassembly of items when necessary for safe removal13.2.2 Service Fees and Availability• Removal service fees may be listed on individual lot descriptions where applicable• Standard removal service rates are available upon request• Services are provided on a first-come, first-served basis based on staff availability• Advanced scheduling of removal services is strongly recommended• Emergency removal services may be available at premium rates13.2.3 Service LimitationsNational Auction removal services are subject to the following limitations:• Services are offered at our discretion and may not be available for all items• Extremely hazardous, fragile, or specialized items may require buyer-arranged professional services• We reserve the right to decline removal services for items beyond our capabilities• Removal services do not include transportation beyond the auction facility loading area• Buyers must provide all packing materials (boxes, bubble wrap, moving blankets, straps, protective coverings)13.2.4 Liability for Removal ServicesWhen National Auction provides removal services:• Reasonable care will be exercised in handling items• Buyer assumes all risk of damage during the removal process• Our liability is limited to the removal service fee paid• Items are removed "as-is" with no warranty regarding condition after removal• Buyer must inspect items immediately after removal and note any concerns13.2.5 Payment for Removal Services• Removal service fees must be paid before services are rendered• Fees may be added to the buyer's invoice or paid separately• Credit card, cash, or wire transfer accepted for removal services• Removal service fees are non-refundable once services are performed13.2.6 Scheduling and Communication• Removal services must be scheduled at least 24 hours in advance when possible• Emergency removal requests will be accommodated when staffing permits• Buyers will be notified of estimated service times• Delays may occur based on complexity of removal and staff availability14. LIABILITYPreview, bid, and pickup lot purchases at your own risk. National Auction nor any of its officers, employees, independent contractors, or clients, are responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, picking up purchases, or conducting business. You agree to hold National Auction and its agents harmless regardless of opinion and condition of property location.15. FIREARMS AND MAGAZINES15.1 Background Check RequirementsAny Firearms manufactured after 1899 will require an FFL background Check. Background check will be ran at our office during pick up times. Handguns can only be picked up by Montana residents 21 years of age and must be original purchaser that bid on the firearm. Out of state must have a handgun shipped to FFL. If you are denied on a background check there will be a 15% service charge of the hammer price. Know your state laws. National Auction will not ship to any state with magazine restrictions.15.2 FIREARMS REGULATIONSAll Federal Firearms License (FFL) rules and regulations will be strictly followed for any firearm sales. Bidders must be legally eligible to own and possess firearms under federal, state, and local laws. It is the bidder's responsibility to ensure they meet all legal requirements for firearm ownership and possession before placing bids on any firearm lots.16. PRIVACYWe respect your privacy and that of our clients, both buyers and sellers. We will not release your information to anyone without your permission. When you interact with our website, we collect certain data including but not limited to: Personal information (name, email address, phone number, mailing address), Browsing behavior and activity, Device information (type of device, browser, IP address), Location data, Preferences and auction interests, Transaction and bidding history.By browsing or interacting with our website in any way, you give National Auction permission to collect, store, and use this information as described in these terms.This information is used to improve your experience, customize content, and process transactions. Additionally, we share certain data with third-party marketing services, including Facebook and other social media platforms, to deliver targeted advertisements and promotional content related to auctions and items that may interest you.You agree to give National Auction permission to email you promotional materials for future auction events. You can change this preference at any time by contacting us or updating your account settings.17. SHIPPING17.1 General Shipping Terms-In house shipping by Shipping Saint-Buyer pays all shipping, duties, packaging materials, labor & handling. (Labor is $65.00 Per Hour)-National Auction is not responsible for any damage in the shipping process for any reason-We typically get shipping done within the week of the auction, but shipping can take up to 2 weeks from time of payment-Shipping Invoices over $500 will require a wire transfer. $10 wire transfer fee-If you are purchasing a firearm that requires a background check and shipping the firearm must be shipped to a FFL dealer.-Handguns must be shipped 2 day : handling fee of $10 per box plus packaging materials and shipping charges-Long guns can be shipped ground : handling fee of $15 per box plus packaging materials and shipping charges-No Shipping of firearms or ammo to CA, IL, NY or DC-Loose Ammo No Shipping. Ammo must have factory package.17.2 Large Items / Freight Items17.2.1 Freight ResponsibilityBuyers are responsible for arranging their own freight shipping.17.2.2 Palletization ServicesWe are happy to palletize items for shipment at a rate of $65 per hour for labor, plus the cost of materials, with a $150 minimum charge.17.2.3 StorageOnce an item has been palletized, we can hold it for up to 2 weeks to allow the buyer time to arrange freight pickup.17.2.4 Payment TermsAll freight or third-party shipping arrangements must be paid via wire transfer. Credit cards will not be accepted for these transactions. For any questions or to coordinate palletization, please contact us directly. 406-259-473018. TECHNICAL DIFFICULTIES AND WEBSITE ISSUESIn the event there are technical difficulties related to the server, software or any other online auction-related technologies, National Auction reserves the right to extend bidding, close the bidding, temporarily suspend bidding, void any sale and re-sell any lots that were affected by any malfunction. Neither the company providing the software nor National Auction shall be held responsible for a missed bid or the failure of the software to function properly for any reason.19. GOVERNING LAW AND JURISDICTIONThese terms and conditions shall be governed by the laws of the State of Montana. Any disputes arising from these terms or the auction shall be subject to the exclusive jurisdiction of the courts of Yellowstone County, Montana.20. FORCE MAJEURENational Auction shall not be liable for any failure or delay in performance under these terms which is due to fire, casualty, flood, earthquake, other acts of God, strikes, labor disputes, wars, government requirements, court orders, or other circumstances beyond National Auction's reasonable control. In such events, National Auction reserves the right to cancel, postpone, or modify the auction as necessary.21. ACCOUNT SUSPENSION AND TERMINATION21.1 Grounds for Suspension or TerminationNational Auction reserves the right to suspend or terminate any bidder's account, with or without notice, for any of the following reasons:• Non-payment for purchased items• Failure to remove purchased items within the designated timeframe• Fraudulent bidding or providing false registration information• Failure to complete background checks or meet legal requirements for firearm purchases• Causing damage to auction property and refusing to pay for repairs• Violation of any terms and conditions outlined in this agreement• Disruptive, threatening, or inappropriate behavior toward staff or other bidders• Failure to remove entire grouped lots when required• Repeated violations of auction policies• Any conduct that National Auction deems detrimental to the auction process or business operations21.2 Immediate TerminationNational Auction may immediately terminate accounts without prior notice for serious violations including but not limited to fraudulent activity, criminal behavior, or any actions that compromise the safety and security of the auction environment.21.3 Effects of Suspension or TerminationUpon suspension or termination:• All active bids will be cancelled• Access to future auctions will be restricted• Outstanding invoices must be paid immediately• Credit cards on file may be charged for unpaid balances• Items purchased but not yet removed must still be collected and paid for within the original timeframe• No refunds will be provided for items affected by account actions21.4 ReinstatementSuspended accounts may be eligible for reinstatement at National Auction's sole discretion after resolution of all outstanding issues and payment of any applicable fees. Terminated accounts will not be reinstated.21.5 Right to Refuse ServiceNational Auction reserves the right to refuse service to any individual at any time for any reason.21.6 Information SharingNational Auction reserves the right to share bidder information, including but not limited to account status, payment history, and violation records, with other auctioneers and auction companies for the purpose of protecting the integrity of the auction industry and preventing fraudulent or problematic bidding behavior.22. DIGITAL SIGNATURES & ELECTRONIC RECORDS22.1 Electronic Agreement AcceptanceBy clicking "I Agree," registering for an account, or participating in any auction, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Your electronic acceptance constitutes a legally binding agreement equivalent to a written signature.22.2 Electronic RecordsAll electronic communications, transaction records, bid histories, and account information maintained by National Auction constitute valid business records. You agree that all electronic records will be admissible as evidence in any legal proceeding. National Auction may maintain electronic records in lieu of paper documents, and such records shall be deemed originals for all purposes.22.3 AuthenticationYou are responsible for maintaining the confidentiality of your login credentials. All activities conducted through your account will be deemed authorized by you, regardless of who actually performed them.23. INTELLECTUAL PROPERTY PROTECTION23.1 Catalog and Content ProtectionAll auction catalogs, lot descriptions, photographs, videos, condition reports, and other materials created or provided by National Auction are proprietary and protected by copyright, trademark, and other intellectual property laws.Bidders, Viewers or Visitors are prohibited from:• Reproducing, copying, or distributing catalog images or descriptions• Using our content for competing auction services• Creating derivative works from our materials• Screen scraping or automated data extraction from our website23.2 Trademark Protection"National Auction" and associated logos are registered trademarks. Unauthorized use of our trademarks or confusingly similar marks is strictly prohibited.23.3 User-Generated ContentAny content you submit (reviews, comments, photos) becomes the property of National Auction with a perpetual, royalty-free license to use, modify, and distribute such content.24. DISPUTE RESOLUTION24.1 Mandatory ArbitrationAny dispute arising from or relating to these terms, the auction, or any transaction must be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Billings, Montana.24.2 Mediation RequirementBefore initiating arbitration, parties must first attempt resolution through good-faith mediation. Either party may initiate mediation by written notice to the other party.24.3 Statute of LimitationsAll claims must be brought within thirty (30) days of the auction closing date or the date the claimed breach occurred, whichever is later. Any claims not brought within this period are forever barred.24.4 Class Action WaiverYou agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.25. ENHANCED PRIVACY & DATA SECURITY25.1 Data SecurityNational Auction implements industry-standard security measures to protect your personal and financial information. However, no system is 100% secure, and you acknowledge the inherent risks of online transactions.25.2 Data Breach NotificationIn the event of a data security incident that may compromise your personal information, National Auction will notify affected users as soon as possible of discovering the breach, in accordance with applicable law.25.3 Data RetentionPersonal information will be retained for seven (7) years following your last transaction or account activity. Payment card information is not stored and is processed through PCI-compliant third-party processors.25.4 Privacy RightsResidents of certain states may have additional privacy rights, including the right to request deletion of personal information or opt-out of certain data sharing practices. Contact us at
[email protected] to exercise these rights.25.5 Third-Party IntegrationsOur website may integrate with social media platforms, analytics services, and payment processors. These third parties have their own privacy policies, which you should review.26. INTERNATIONAL BIDDERS26.1 Import/Export ComplianceInternational bidders are solely responsible for compliance with all import/export laws, customs regulations, and trade restrictions in their country and the United States. Certain items may be restricted or prohibited from export.26.2 Currency and Exchange RatesAll transactions are conducted in US Dollars. Currency conversion, if provided, is for reference only. You are responsible for any currency exchange fees charged by your financial institution.26.3 International Shipping RestrictionsWe do not ship to countries subject to US trade sanctions or embargoes. Prohibited destinations include but are not limited to countries listed on the US Treasury Department's sanctions lists.26.4 Customs and DutiesInternational buyers are responsible for all customs duties, taxes, brokerage fees, and other charges imposed by their country. National Auction will provide necessary documentation but is not responsible for customs delays or seizures.27. TECHNOLOGY & PLATFORM ISSUES27.1 Platform PerformanceWhile we strive for 100% uptime, National Auction does not guarantee uninterrupted service. We are not liable for losses resulting from platform downtime, slow performance, or technical glitches.27.2 Browser CompatibilityOur platform is optimized for current versions of major browsers (Chrome, Firefox, Safari, Edge). Use of outdated browsers may result in functionality issues.27.3 Mobile vs. Desktop ExperienceSome features may have limited functionality on mobile devices. For full feature access, we recommend using a desktop or laptop computer.28. CONSIGNOR PROTECTIONS28.1 Consignor RelationshipNational Auction acts as an agent for consignors and sellers. We owe fiduciary duties to consignors and sellers while maintaining fair auction practices for bidders.29. EXPANDED FORCE MAJEURE29.1 Additional Covered EventsIn addition to traditional force majeure events, the following circumstances may justify auction postponement, cancellation, or modification:• Cyber attacks or security breaches affecting auction systems• Pandemic-related government restrictions or health orders• Government shutdowns affecting business operations• Severe supply chain disruptions affecting shipping and logistics• Internet or telecommunications infrastructure failures• Natural disasters affecting auction facilities or major transportation routes29.2 RemediesIn force majeure situations, National Auction may:• Postpone auctions to a later date• Conduct auctions at alternative locations• Modify pickup and payment deadlines• Cancel auctions entirely with full refund of fees paid30. SEVERABILITY30.1 Provision IndependenceIf any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, such determination shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.31. OPERATIONAL POLICIES31.1 Auction TimingAll auction times are displayed in Mountain Time (MT). Bidders are responsible for understanding time zone differences.31.2 Technical SupportTechnical support is available during business hours at 406-259-4730. Emergency support during live auctions is available through the contact information provided in auction announcements.31.3 Account VerificationNational Auction may require additional identity verification for high-value transactions or if suspicious activity is detected.31.4 Business RelationshipsNational Auction may have business relationships with some consignors or bidders. Such relationships do not affect auction fairness but may be disclosed upon request.32. Reserve Status and DisclosureItems offered at auction may be subject to reserves, though not all lots will carry reserve protection. Reserve status may be indicated in the catalog or announced at the time of sale, though the absence of such indication does not guarantee that an item is being sold without reserve.33. COPYRIGHT NOTICE© 2025 National Auction. All rights reserved. These terms and conditions, auction materials, lot descriptions, photographs, and all other content related to this auction are the exclusive property of National Auction and are protected by copyright law. No part of these materials may be reproduced, distributed, transmitted, or used in any form without the express written permission of National Auction.________________________________________Effective Date: These additional terms are effective as of 6/2/2025 and supplement the existing National Auction Terms and Conditions.Contact Information: For questions regarding these terms, contact: National Auction Phone: 406-259-4730 Email:
[email protected]
AUCTION REMOVAL INFORMATION – PLEASE READ CAREFULLY
All item removal is by appointment only. Appointment is required.
How to Schedule Your Appointment:
Sign into your bidding account at NationalAuctionUSA.com
At the top, click "Account"
Click "Invoices"
Click "View" on the invoice for this auction
At the top, you will see a blue button that says "Schedule Your Pick Up Appt" - click this and pick a time
IMPORTANT: If you arrive without an appointment, we will NOT be able to check you out. We will have to schedule an appointment for you to come back.
Pickup Location: 3625 S 56th St West, Billings, MT 59101
Available Pickup Days:
Friday, January 2nd: 11:00 AM – 6:00 PM
Saturday, January 3rd: 11:00 AM – 6:00 PM
Sunday, January 4th: 10:00 AM - 12:00 PM (noon)
Abandoned Items: Any items left beyond the scheduled pickup days will be considered abandoned. The card on file will be charged, and no refunds will be issued.
Payment Information: All bidding increments and payments are in U.S. Dollars (USD).
Accepted payment methods:
Cash
Credit Card
Wire Transfer ($10 fee applies)
Personal or company check with valid driver's license
All purchases must be paid for the day of the auction or during your scheduled pickup time.
Buyer's Premium: A 15.5% buyer's premium will be added to all purchases. A 3.5% discount will be applied for payments made by cash or check.
Loading Info: We will bring your items to the designated checkout area. However, you are responsible for loading your items into your vehicle. Please bring help if needed.
Final Reminder: Before leaving the checkout area, double-check that you have all your items. No refunds or replacements will be issued for missing items once you leave the premises.