Asked to return pistol purchase

[mtdawg169]

To the OP, you've done nothing wrong here, but if you're inclined to "help" the dealer out, here's what I would propose.

Tell the dealer he can buy it back from you for the cost to replace, plus any shipping costs, transfer, etc. OR find one on Gunbroker and have the dealer purchase it. Once it has been delivered to the dealer, have him transfer it to you. Then and only then, would I give him the original gun back. I wouldn't give him anything until a replacement was in my possession. This way, you're not out a gun or any cash and any additional cost is paid by the dealer.

 

[mkdhotrod]

What is a dealer doing with a 19 year old's pistol? That's against the law right? Since he has an FFL he cannot transfer nor be transferred a pistol by anyone under 21.

 

[Kenneth Peacock]

Ask him how much his license is worth to him...?

 

[Exile]

So a dealer got greedy when he had a non-payment on on a repair. He had it sitting in his shop for a while and said one day....screw it, this guy is never coming back so I'll just flip it for a few bucks and move on. Now the kid is back and I am guessing there is no clause on the repair slip transferring ownership after 90 days or whatever. The dealer is basically guilty of theft by deception/taking and since this is a firearm that would put his but in a sling with the ATF.

Meanwhile you did nothing wrong. Other posters here have it right. Go see the man but do not bring the gun with you, even in the car. Give the dealer a chance to make things right and replace the gun with one of equal current value and get everything in writing. Only bring the gun in when everything is in order and to your satisfaction. If he wants to be a pain then you can offer to turn the matter over to local law enforcement/ATF. The worst case for you is that you would be out the gun and your money. It would be a simple matter to get a judgement in small claims court for the damages though.

 

[TxBoyX2]

So a dealer got greedy when he had a non-payment on on a repair. He had it sitting in his shop for a while and said one day....screw it, this guy is never coming back so I'll just flip it for a few bucks and move on. Now the kid is back and I am guessing there is no clause on the repair slip transferring ownership after 90 days or whatever. The dealer is basically guilty of theft by deception/taking and since this is a firearm that would put his but in a sling with the ATF.

Meanwhile you did nothing wrong. Other posters here have it right. Go see the man but do not bring the gun with you, even in the car. Give the dealer a chance to make things right and replace the gun with one of equal current value and get everything in writing. Only bring the gun in when everything is in order and to your satisfaction. If he wants to be a pain then you can offer to turn the matter over to local law enforcement/ATF. The worst case for you is that you would be out the gun and your money. It would be a simple matter to get a judgement in small claims court for the damages though.

It wouldn't go that far, the dealer will do ALOT to keep it from being an LE/ATF matter, he'd loose his license fast. He'll do some considerable hoop jumping. It also occurs to me that the 'owner wants it back' part may be complete BS. Maybe the ATf did one of those random audits, and wants to know where that gun went. OP, did you just get a bill of sale, or the usual paperwork?

 

[bvmbandit]

I agree. It would be a nice thing for the gun shop owner to offer an equal replacement no matter the cost. He gets to keep his business and all is well that ends well. Then again it is possible we are not hearing the entire story.

 

[Lockout]

I would tell him 600 bucks and it's yours if not then oh well...

 

[Woof]

If the weapon was stolen, it can be seized regardless of how you came into possession of it. The fact that a 4473 was completed doesn't matter. If it were stolen, the OP didn't receive it with any knowledge that it was stolen and would not be guilty of a crime, but the stolen property can still be seized. At most, he's out the gun but can potentially sue the dealer for replacement cost and any out of pocket costs.

Hopefully, none of this applies anyway and the OP will be able to make the most out of the dealer's screw up.

 

[LongNose]

OP,
you have the dealer by the short and curly's(if the whole story has been given to you)

 

[kingsix]

I guess it doesn't matter what industry it is, there are always liars and cheats out there, we have our fair share in the restoration business. I look at it this way, if the situation were reversed, he'd tell you to go pound sand . In my book you reap what you sow..... you bought the gun legally .. let him deal with the repercussions from being dishonest ..