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View Full Version : What if eBay seller shipped incorrectly described magazines?


Karnov
12-17-2012, 9:47 AM
What if I won a bid on a magazine, pictured and described with a 10-round capacity from out-of-state and was incorrectly sent a 20-round magazine instead?

What are legal implacations for this?

taperxz
12-17-2012, 9:52 AM
What if I won a bid on a magazine, pictured and described with a 10-round capacity from out-of-state and was incorrectly sent a 20-round magazine instead?

What are legal implacations for this?

There are none. If you want to make things right, turn it into a 10 round mag since that is what you ordered. Or you can disassemble it and either keep it as a rebuild kit or sell it out of state.

You could also just keep it, as under the circumstances above you didn't commit a crime.

winnre
12-17-2012, 9:54 AM
They broke the law. You didn't.

Karnov
12-17-2012, 10:20 AM
Not breaking any laws, is good for me.

Should I mention anything to the seller, considering I didn't receive what I actually ordered?

IVC
12-17-2012, 10:36 AM
Don't play games with these things - it's serious business and you might be on the hook.

Possession is not illegal, but importation is. The question remains who imported the magazine, which hinges upon where the transfer of ownership occurred. A DA can make a case that you made a purchase out of state.

This is very similar to Internet taxes, where the question of where the transaction occurs determines whether you pay tax or not. Except, the place of transaction in your case determines whether you committed a felony or not.

Brando1983
12-17-2012, 10:37 AM
You a got free pass and a 20 round mag not a bad deal. Do not go to jail but you can collect 200 dollars lol.

taperxz
12-17-2012, 10:39 AM
Don't play games with these things - it's serious business and you might be on the hook.

Possession is not illegal, but importation is. The question remains who imported the magazine, which hinges upon where the transfer of ownership occurred. A DA can make a case that you made a purchase out of state.

This is very similar to Internet taxes, where the question of where the transaction occurs determines whether you pay tax or not.

If the seller contracted the shipper,(seller chose the shipping company) it is widely understood that the seller is responsible for importation.

POLICESTATE
12-17-2012, 10:40 AM
What if I won a bid on a magazine, pictured and described with a 10-round capacity from out-of-state and was incorrectly sent a 20-round magazine instead?

What are legal implacations for this?

Well I'm pretty sure posting about it in a public and government-monitored forum would be the best thing to do :sarcasm:

But let's go with "what if"

I don't know, what if things happened like you said and you opened the box and you saw an assembled "high cap" magazine, and what if you just immediately disassembled it into a parts kit and left it at that?

What if after that you gave neutral feeback to the seller on Ebay saying "Ordered 10 round magazine, got a 20 round magazine parts kit."

JackRydden224
12-17-2012, 10:42 AM
This did not happen. You received a 10 round magazine just like what the seller described. Case closed.

troysland
12-17-2012, 10:44 AM
Loose lips sink ships. You found it end of story.

IVC
12-17-2012, 11:16 AM
If the seller contracted the shipper,(seller chose the shipping company) it is widely understood that the seller is responsible for importation.

That's one way to look at it. The seller can also say that the moment he received the payment, the magazine was officially sold. In this scenario, the buyer is the one causing importation, while the seller is just part of the shipping chain after the purchase and is as responsible as the shipping company itself.

If the buyer ended up questioned or charged and then tried to throw seller under the bus, I am pretty sure the seller would try to defend against allegations and return the favor. I wouldn't bet on the outcome of such a case, or at least I wouldn't consider it certain that the buyer would be off the hook.

Also, if you "follow the money," the buyer is the one to benefit, he lives in CA and he is subject to the whim of a CA DA. Just being a test case might be too much.

vintagearms
12-17-2012, 11:32 AM
The buyer is considered the importer. California criminal law is somewhat representative of other jurisdictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself.

If I remember correctly, BWeise said you could be charged with conspiracy.

Karnov
12-17-2012, 12:39 PM
That's one way to look at it. The seller can also say that the moment he received the payment, the magazine was officially sold. In this scenario, the buyer is the one causing importation, while the seller is just part of the shipping chain after the purchase and is as responsible as the shipping company itself.

If the buyer ended up questioned or charged and then tried to throw seller under the bus, I am pretty sure the seller would try to defend against allegations and return the favor. I wouldn't bet on the outcome of such a case, or at least I wouldn't consider it certain that the buyer would be off the hook.

Also, if you "follow the money," the buyer is the one to benefit, he lives in CA and he is subject to the whim of a CA DA. Just being a test case might be too much.

Wouldn't the item paid for be the 10-rnd and the cause for importation of a 20-rnd is the seller sending the wrong item?

With purchases online, there is no control between what you purchase and what your actually recieve; except from the seller. Wouldn't recieving items different than what was described be the sellers mistake whether it's Amazon or eBay?

I brought up the OP because there are some sellers that sell mags described and pictured as factory mags. I could have ordered a what was described and pictured as a factory mag, but was sent an aftermarket one. Dealing with being sent an aftermarket one incorrectly instead of a factory one is straightforward--item was not as advertised.

Dealing with being sent a 20 incorrectly instead of a 10 isn't straightforward.

IVC
12-17-2012, 12:53 PM
Wouldn't the item paid for be the 10-rnd and the cause for importation of a 20-rnd is the seller sending the wrong item?

It might - nobody knows. The only sure thing many people know is that being a test case is no fun and a pretty expensive habit. For a meaningful opinion you should consult a real attorney (and even then you might not get a definite answer).

POLICESTATE
12-17-2012, 1:10 PM
Well since it's all documented here on CGN (and thus is now part of a government data capture) you might as well send the thing back and tell the seller they sent you the wrong item and please send the correct one.

That's assuming this entire "what if" thing actually happened.