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Posted: 12/31/2013 10:02:36 PM EDT
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If a dealer sells a new gun to a customer and it is returned the next day with out being fired or used in anyway, is the dealer required to list the gun as being a "used firearm" regardless of no use?
Thank you in advance. |
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Quoted:
If a dealer sells a new gun to a customer and it is returned the next day with out being fired or used in anyway, is the dealer required to list the gun as being a "used firearm" regardless of no use? Thank you in advance. Pretty standard practice. I can sell something as whatever I want but unless I really know and trust the customer I always listed them as used or demo and then explained the situation. |
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For me, the dividing line between new and used is the 4473 form. If a gun has ever been listed on a 4473 form, it's now a used gun. Doesn't matter if it's ever been out of the box. Whoever gets the gun next, for whatever reason, is no longer the original purchaser.
That doesn't mean you can't resell the gun as "pre-owned", explain the situation to potential buyers and get a price fairly close to a new gun. Somebody is going to take a beating on it, though. |
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Thanks for your help. I purchased three guns at a local shop. All same make and model. Looked over every thing before purchase. Set all three back in boxes and on counter off to the side. Salesman was putting away other variations of gun back in storage and we started paperwork for sale. While he was completing paperwork, I left counter and the guns I picked to look for holsters and extra mags. When I returned to counter I paid for the three guns and walked out of store. Upon arriving home, I opened boxes again to handle weapons. I discovered that one of the guns was a different variation from what I had agreed to purchase.
Owner wants me to sell it back to him for $200 loss and repurchase the model I agreed to for a $50 discount. Says ATF makes him sell at as used so too bad for me. |
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Quoted:
Thanks for your help. I purchased three guns at a local shop. All same make and model. Looked over every thing before purchase. Set all three back in boxes and on counter off to the side. Salesman was putting away other variations of gun back in storage and we started paperwork for sale. While he was completing paperwork, I left counter and the guns I picked to look for holsters and extra mags. When I returned to counter I paid for the three guns and walked out of store. Upon arriving home, I opened boxes again to handle weapons. I discovered that one of the guns was a different variation from what I had agreed to purchase. Owner wants me to sell it back to him for $200 loss and repurchase the model I agreed to for a $50 discount. Says ATF makes him sell at as used so too bad for me. If it went down as you say, then I think the store owner needs to eat the mistake (or at least a lot more of it than $150). Doesn't sound like you're responsible for the mistake. |
| The Owner was not in. They have several stores in the Central Florida Area= Shoot Straight is the store name and I don't mind calling them out. After looking around some I see that customer service from the "head guy" is non existent. I am going to try to find someone else to speak with. The two managers on site were extremely apologetic. I could tell their hands were tied on this deal as they tried to offer me other forms of compensation. I did not want free range time or other discounts. I wanted the gun I agreed to purchase. |
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State laws may govern what a retail dealer can sell as "new" - though mostly those laws deal with car sales, iirc, not gun sales.
ATF doesn't give a crap what he calls it, certainly doesn't "make him sell it as used". As an unfired return, they should simply give you credit towards the gun you wanted and take the other one back into stock. They can sniff and look to tell if you'd fired and then cleaned it - so it's just BS to extort some more money out of you. |
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