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?
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.