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89876h 01-14-2013 05:09 PM

Can't pick up firearm at FFL
 
I have a hypothetical question.

Joe purchased a firearm. Joe then sold that firearm to Bob. There was a defect with that firearm and Bob decided he wanted to return the firearm to Joe and get his money back. Joe agrees and Bob ships the firearm back to Joes FFL. When the firearm arrives at Joes FFL, Joe does not complete the transfer but first has the FFL send the firearm directly to the manufacturer for repair. The firearm is repaired and then sent back to Joes FFL again. The firearm is currently at Joes FFL.

However, while the firearm was being repaired Joe became convicted of a felony and can no longer own or possess a firearm. Joe wants to comply with the law and does not want to break any laws or be in illegal possession. However, Joe also does not want to just let the firearm sit at the FFL.

What are Joes options?

danf_fl 01-14-2013 05:21 PM

Offer it back to Bob seeing the reason for return is no longer there, or
make an agreement with FFL to purchase, or
arrange for another purchaser with consignment to FFL, or

walk away and forget about the firearm left in FFL possession.

(By the way, welcome to the firearmstalkforum.)

Jpyle 01-14-2013 05:30 PM

Quote:

Originally Posted by 89876h
I have a hypothetical question.

Joe purchased a firearm. Joe then sold that firearm to Bob. There was a defect with that firearm and Bob decided he wanted to return the firearm to Joe and get his money back. Joe agrees and Bob ships the firearm back to Joes FFL. When the firearm arrives at Joes FFL, Joe does not complete the transfer but first has the FFL send the firearm directly to the manufacturer for repair. The firearm is repaired and then sent back to Joes FFL again. The firearm is currently at Joes FFL.

However, while the firearm was being repaired Joe became convicted of a felony and can no longer own or possess a firearm. Joe wants to comply with the law and does not want to break any laws or be in illegal possession. However, Joe also does not want to just let the firearm sit at the FFL.

What are Joes options?

Call a lawyer.

89876h 01-14-2013 05:32 PM

But wouldn't selling the firearm, either to the FFL, or to any other person via consignment be a violation of a prohibited possessor selling or transferring a firearm?

drvsafe 01-14-2013 05:33 PM

Danf_fl got it right.

On paper it's still Bob's firearm since no transfer back to Joe occurred. So Joe should reach out to Bob and make some sort of an arrangement for him to either take it back or work out a consignment with the FFL. OR Joe should see if the FFL would accept the firearm at a discount and walk away with whatever he can get.

Needless to say, consulting with his lawyer would make sense prior to any other decisions.

N

purehavoc 01-14-2013 05:49 PM

Repair work should never be returned to the FFL to begin with ,that should have some to your door from the manufacturer. That would have solved your problem right then and there

drvsafe 01-14-2013 05:50 PM

Quote:

Originally Posted by purehavoc (Post 1093346)
Repair work should never be returned to the FFL to begin with ,that should have some to your door from the manufacturer. That would have solved your problem right then and there

Well you know what they say about hindsight...

Yunus 01-14-2013 06:05 PM

Quote:

Originally Posted by 89876h (Post 1093314)
I have a hypothetical question.

Joe purchased a firearm. Joe then sold that firearm to Bob. There was a defect with that firearm and Bob decided he wanted to return the firearm to Joe and get his money back. Joe agrees and Bob ships the firearm back to Joes FFL. When the firearm arrives at Joes FFL, Joe does not complete the transfer but first has the FFL send the firearm directly to the manufacturer for repair. The firearm is repaired and then sent back to Joes FFL again. The firearm is currently at Joes FFL.

However, while the firearm was being repaired Joe became convicted of a felony and can no longer own or possess a firearm. Joe wants to comply with the law and does not want to break any laws or be in illegal possession. However, Joe also does not want to just let the firearm sit at the FFL.

What are Joes options?

Interesting logic problem. Let's break it down into it's smallest parts to make it easier to solve.

The first parts of the question are irrelevant as far as I am concerned, the history of the firearm is not going to impact who the current owner is which is all that really matters.

Bob did not "return a firearm to Joe to get his money back", Bob begins selling his firearm to Joe in exchange for money.

Joe's FFL ships Bob's firearm to the manufacturer for repair. (Is that legal without his permission?) This is not really relevant to the legality of Joe and the gun.

Joe then becomes ineligible to own a firearm. This is no big deal as he doesn't own or possess a firearm, the FFL is holding Bob's gun.

In my non-expert opinion Bob's gun is sitting at an FFL's shop awaiting a transfer that will not legally occur. Can an FFL or someone who knows the federal laws explain what happens in this case? My feeling is that Bob needs to contact Joe's FFL to get his gun back because the transfer will not be occurring.

A simpler but identical example is I try to sell a gun to Joe, the transfer is done by FFL and denied at the buyers FFL. What now happens?


/Not a lawyer, not legal advice. If you do what I say you may end up in jail, I'm just thinking out loud.

drvsafe 01-14-2013 06:28 PM

I second the whole; "I'm not a lawyer, nor do I play one on TV" thing.

One question: Did Joe refund any money back to Bob?

89876h 01-14-2013 07:17 PM

Hypothetically lets say yes, the full amount of the original purchase price


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