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[BigFatGuy]

i don't know they do it with new cars - until it is registered for the first time it's considered new

i bought a Ford Van for my company back in the 90's that they had to sell as used and it only had 84 miles on it - dealer sold it, registered it, then had to take it back for some reason

i got it about $6,000 cheaper than the non registered ones on the lot

i've test drove cars that will be sold as new and they already have 20 or 30 miles on them

My RV was sold to me as brand new with almost 1800 miles on it (the drive to LA from Elkheart, IA)

[ZirconJohn]

I would NEVER test tire a factory new firearm and then sell as new ... even though the factory is required to test fire before shipment to distributor or retail.

I don't want someone to do that to me ... so I don't do that for the buying public. It is unethical to say the least.

[code_blue]

I can’t find any Federal law that would be in violation (but I’m not 100%) and CA law I’m not sure.

Couple of scenario comes to mind:
1. an FFL is doing a private demo (including shooting) to a potential client on multiple firearms but that client did not buy.
2. Doing business related marketing events.
3. New product review.

Not putting negativity on any FFLs, just wanted to find the correct answer.
I understand FFLs can do what he or she likes on their own inventory, but is a disclosure needed (by law) to inform a customer who is buying that fired/used firearm?

And if sold, on the DROS under “Firearm Information” section, still listed as “New”?

Or does those firearms needs to be put into the “Used” section? and DROS as “used”?

Say those firearms are in the "New" for sale section, FFL forget to clean the firearms and/or customer sees signs of use and asks, what then?

There is no section on the 4473 for condition of firearm. There is that section on the DROS, but that portion isn't relevant to the transfer. What DOJ is concerned about is what type of transfer it is e.g. dealer, PPT, exempt, etc...

To your question, criminally, I doubt it. Civilly, well, if you can satisfy the preponderance of evidence requirement then you might have a case, BUT you'll spend mucho money to get the maybe $50-100 for a "used" model.

Average profit per firearm is 20%, so there is no money "new" (FFL purchased from the manufacturer or vendor) in guns without massive volume. FFL's might make a tad more in 2nd hand sales, but volume is still required. The money is in retail accessory sales. Markup is like 50-60% on small items, but still requires volume. Everyone needs ammo to shoot and that's an almost guaranteed sale, especially with the import ban. Prepare to get raped, folks.

[sfe187]

Thanks all for the feedback and also the FFLs who chimed in. Just wanted to be clear.

[Chewy65]

During the 10 day wait I had more time to carefully examine a $3K gun. It had a serial number indicating manufacture was three years earlier. A semi professional buddy told me how some dealers will shoot a gun and later sell it as new. I noted a feint ring on the face of the bolt, which was an indicator of a lot of rounds being fired. I asked to field strip it for a better examination and was denied. I cancelled the sale and bought the same model at another dealer, but but one that was literally just off the boat.