Exchanging a Gun That has Already Been Transferred?

Swifty Morgan · October 6, 2024, 08:22 PM

This isn't a civil rights issue, but it has to do with the law.

I bought a new gun. Turned out I ordered the wrong thing. My fault. Got it home and unboxed it before I saw the problem.

I called the dealer, and at first they said they couldn't do anything because it had already been transferred. Then some saintly employee told me to bring it in, and they would exchange it. This saved me a ton of aggravation.

Took the gun in, received the other gun, did a background check, and went home very happy.

So...did the FFL break the law?

Nathan · October 6, 2024, 08:32 PM

No. They just have to transfer it back to themselves. I think they cannot sell it as new anymore which is an issue for the dealer, but it sounds like you are saying it needs repaired. They will lose like $50ish on the deal.

dogtown tom · October 6, 2024, 08:33 PM

Quote:

Swifty Morgan I called the dealer, and at first they said they couldn't do anything because it had already been transferred.

Nearly every online retailer has a policy of no returns once you've left your transfer dealer. Thats why 99% will have "inspect your gun before leaving store" on your receipt.

If you ordered it through THAT dealer, its up to his store policy to accept a return.

Quote:

So...did the FFL break the law?

No federal law addresses "return of the wrong gun". As long as the dealer had you fill out another Form 4473 and NICS, then he complied with federal law.

Swifty Morgan · October 6, 2024, 08:34 PM

The issue was this: I didn't see the fine print that said it was a left-handed gun. Took it out of the box and thought, "What on Earth is wrong with this bolt?"

There was nothing at all wrong with it.

jmr40 · October 7, 2024, 08:51 AM

Technically you simply traded your gun for another gun. That isn't illegal. The gun shop you dealt with should probably not sell the original as new, but they may well do so.

**44 AMP** · October 15, 2024, 11:14 PM

I won't accept a gun, sight unseen. I want to see, and be able to examine the gun BEFORE any transfer paperwork happens. First off, I want to see the number on the gun and that it matches the number on the paperwork. Second, I want to make sure the gun that arrived is the one I ordered, AND in the condition it was sold as.

In this case, you got what you ordered, and the dealer did you a favor by taking it back. IF you ordered the wrong thing, that's not his fault and if he feels like it, its not his problem, either.

If what the dealer got was not what you ordered (or in the condition advertised), then he should not transfer it to you, nor should you accept the firearm.

Be thankful you are in a state where the dealer could just take the gun back and exchange it for the right one. In the state I live, thanks to a barking stupidly worded law (passes by initiative) the dealer couldn't do that, directly, as each "transfer" has to go through the police so they can check to see if the gun is reported stolen. And they have 10 working days to do that. Each time. NO exceptions. (that I know of, anyway)

October 6, 2024, 08:22 PM	#1
Swifty Morgan Senior Member Join Date: September 13, 2018 Location: FL Posts: 634	Exchanging a Gun That has Already Been Transferred? This isn't a civil rights issue, but it has to do with the law. I bought a new gun. Turned out I ordered the wrong thing. My fault. Got it home and unboxed it before I saw the problem. I called the dealer, and at first they said they couldn't do anything because it had already been transferred. Then some saintly employee told me to bring it in, and they would exchange it. This saved me a ton of aggravation. Took the gun in, received the other gun, did a background check, and went home very happy. So...did the FFL break the law? __________________ Selling a gun is like selling a child, without the relief over not having to pay for college The Bill of Rights was written largely to prevent rudeness. Infringement doesn't have to be catastrophic to be intolerable.

October 6, 2024, 08:34 PM	#4
Swifty Morgan Senior Member Join Date: September 13, 2018 Location: FL Posts: 634	The issue was this: I didn't see the fine print that said it was a left-handed gun. Took it out of the box and thought, "What on Earth is wrong with this bolt?" There was nothing at all wrong with it. __________________ Selling a gun is like selling a child, without the relief over not having to pay for college The Bill of Rights was written largely to prevent rudeness. Infringement doesn't have to be catastrophic to be intolerable.

October 7, 2024, 08:51 AM	#5
jmr40 Senior Member Join Date: June 15, 2008 Location: Georgia Posts: 10,974	Technically you simply traded your gun for another gun. That isn't illegal. The gun shop you dealt with should probably not sell the original as new, but they may well do so. __________________ "If you're still doing things the same way you were doing them 10 years ago, you're doing it wrong" Winston Churchill

October 15, 2024, 11:14 PM	#6
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 30,484	I won't accept a gun, sight unseen. I want to see, and be able to examine the gun BEFORE any transfer paperwork happens. First off, I want to see the number on the gun and that it matches the number on the paperwork. Second, I want to make sure the gun that arrived is the one I ordered, AND in the condition it was sold as. In this case, you got what you ordered, and the dealer did you a favor by taking it back. IF you ordered the wrong thing, that's not his fault and if he feels like it, its not his problem, either. If what the dealer got was not what you ordered (or in the condition advertised), then he should not transfer it to you, nor should you accept the firearm. Be thankful you are in a state where the dealer could just take the gun back and exchange it for the right one. In the state I live, thanks to a barking stupidly worded law (passes by initiative) the dealer couldn't do that, directly, as each "transfer" has to go through the police so they can check to see if the gun is reported stolen. And they have 10 working days to do that. Each time. NO exceptions. (that I know of, anyway) __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

October 6, 2024, 08:32 PM	#2
Nathan Senior Member Join Date: July 1, 2001 Posts: 6,825	No. They just have to transfer it back to themselves. I think they cannot sell it as new anymore which is an issue for the dealer, but it sounds like you are saying it needs repaired. They will lose like $50ish on the deal.