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Odd C&R situation - need advice please

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  • EBR Works
    Vendor/Retailer
    • Dec 2007
    • 10489

    Odd C&R situation - need advice please

    I purchased a C&R eligible rifle from an out of state seller on Gunboards. I sent him my FFL03 and he arranged to have the rifle shipped to me by a local hardware store that is also an FFL. I received the rifle but they also shipped a second rifle to me by accident from the same seller. These are my questions:

    1: Since I could not reject the shipment of the second rifle (the UPS store had already signed for it), should I log this rifle into my book since I now have possession of the weapon.

    2: The seller has asked me to ship the rifle to the intended recipient outside of California. I have no information other than the buyer's name nor do I have a copy of his FFL03.

    What are my obligations and correct procedure here? I want to remain within the law.

    Thanks.


    Check out our e-commerce site here:

    www.ebrworks.com

    Serving you from Prescott, AZ
  • #2
    packnrat
    Veteran Member
    • Feb 2007
    • 3939

    log into your book. It is a gift to you.

    Log into book-log out of book. Return to shipper.

    DO NOT send to "other"
    big gun's...i love big gun's

    Comment

    • #3
      proudamerican831
      Member
      • Nov 2008
      • 431

      deleted
      Last edited by proudamerican831; 05-19-2009, 2:53 AM.
      I am a Curio and Relic

      Comment

      • #4
        EBR Works
        Vendor/Retailer
        • Dec 2007
        • 10489

        Originally posted by proudamerican831
        Do not send the gun to the buyer in another state, you will be in violation if you are not an ffl holder yourself.
        I have my FFL03.

        I'll log it in and then out when I ship it. I'll see if the original purchaser has an FFL03 and get a copy. If so, I'll ship it to him at the seller's expense. Otherwise, it will go back to the seller's hardware store FFL.


        Check out our e-commerce site here:

        www.ebrworks.com

        Serving you from Prescott, AZ

        Comment

        • #5
          geeknow
          Lifetime Contributor #1
          CGN Contributor - Lifetime
          • Aug 2007
          • 3144

          Originally posted by impactco
          I have my FFL03.

          I'll log it in and then out when I ship it. I'll see if the original purchaser has an FFL03 and get a copy. If so, I'll ship it to him at the seller's expense. Otherwise, it will go back to the seller's hardware store FFL.
          Respectfully, I have alarm bells ringing in my head. It may be a legit mistake, but I would not stake MY FFL on it. Log the gun into your book, and tell the shipper that the only place you will ship this gun is back to the original address, at his expense. As you wave bye-bye to the big brown truck with the shippers gun, think about the potential calamity you have avoided. Then go inside and log the gun back out of your book.

          just my $0.02

          Comment

          • #6
            ilbob
            Senior Member
            • Jul 2008
            • 1777

            presumably the extra rifle is also C&R. If so, log it, and then ship it back at their expense.

            if by some chance they shipped you a non-C&R rifle by mistake, don't log it and make arrangements for them to pay to have a dealer ship it back.
            bob

            Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.

            Comment

            • #7
              EBR Works
              Vendor/Retailer
              • Dec 2007
              • 10489

              The rifle is C&R (1942 Lee-Enfield No1 Mk III). So far the seller has not responded to my emails.


              Check out our e-commerce site here:

              www.ebrworks.com

              Serving you from Prescott, AZ

              Comment

              • #8
                Gunaria
                Banned
                • Jan 2007
                • 3894

                Next pick up the phone and start leaving messages. If no one gets back to you in 30 days, then you my freind have a late X-mas gift.

                Comment

                • #9
                  dfletcher
                  I need a LIFE!!
                  • Dec 2006
                  • 14787

                  Returning the gun to the original shipper and no one else is absolutely the correct thing to do.

                  If you continue to get no response I'd send a cert letter return receipt requested which states you received the gun in error, you have previously informed them you received the gun in error, you neither ordered nor paid for the gun, you are not their shipping agent so you shall not forward the gun to anyone even if an 03 is provided and absent their providing you prepaid return postage to their office only you shall after 30 days dispose of the rifle as you see fit and they shall forfeit any interest or payment due.

                  I would also inform the intended recipient of the gun - don't know if I'd go so far as to inform ATF they wanted you to send out the rifle to another person with no underlying paperwork.

                  Logging the gun in your book protects you from ATF, telling the shipper and intended recipient what you've done, what you will do should protect you against any other problems.

                  And again, make certain you send cert receipt req - otherwise it will be "letter, we didn't get no stinking letter".
                  GOA Member & SAF Life Member

                  Comment

                  • #10
                    EBR Works
                    Vendor/Retailer
                    • Dec 2007
                    • 10489

                    Originally posted by dfletcher
                    Returning the gun to the original shipper and no one else is absolutely the correct thing to do.

                    If you continue to get no response I'd send a cert letter return receipt requested which states you received the gun in error, you have previously informed them you received the gun in error, you neither ordered nor paid for the gun, you are not their shipping agent so you shall not forward the gun to anyone even if an 03 is provided and absent their providing you prepaid return postage to their office only you shall after 30 days dispose of the rifle as you see fit and they shall forfeit any interest or payment due.

                    I would also inform the intended recipient of the gun - don't know if I'd go so far as to inform ATF they wanted you to send out the rifle to another person with no underlying paperwork.

                    Logging the gun in your book protects you from ATF, telling the shipper and intended recipient what you've done, what you will do should protect you against any other problems.

                    And again, make certain you send cert receipt req - otherwise it will be "letter, we didn't get no stinking letter".
                    Clear and concise advice much appreciated. Thanks.

                    I found the seller's FFL03 in the bottom of the shipping box so I can legally return it to him directly.
                    Last edited by EBR Works; 01-06-2009, 12:02 PM.


                    Check out our e-commerce site here:

                    www.ebrworks.com

                    Serving you from Prescott, AZ

                    Comment

                    • #11
                      Fate
                      Calguns Addict
                      • Apr 2006
                      • 9545

                      I wouldn't log that second rifle in. Doing so would indicate you accepted ownership/possession of it (which you aren't).

                      I'd just return it.
                      Last edited by Fate; 01-06-2009, 1:13 PM. Reason: Reread the OP and deleted my first question. Makes sense now
                      sigpic "On bended knee is no way to be free." - Eddie Vedder, "Guaranteed"

                      "Let your gun therefore be the constant companion of your walks." -Thomas Jefferson
                      , in a letter to his nephew Peter Carr dated August 19, 1785

                      Comment

                      • #12
                        EBR Works
                        Vendor/Retailer
                        • Dec 2007
                        • 10489

                        The transaction is done. I logged the rifle into my book stating that it was received accidentally. I logged it out and shipped it back to the seller whose FFL03 I have. Seller sent me payment for shipping. It shipped via UPS insured/adult sig required. Logging the rifle in my book simply covers my ***** in case ATF ever has questions.

                        Thanks to everyone for your input.


                        Check out our e-commerce site here:

                        www.ebrworks.com

                        Serving you from Prescott, AZ

                        Comment

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