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  • ugimports
    Vendor/Retailer
    • Jun 2009
    • 6250

    LCM During PPT

    So I had a PPT. I didn't check the mag at the start of the PPT, but checked it before delivery and it's an LCM. I know it's not going to the buyer. However, can I at this point even return it to the seller? At the point they signed off on the PPT paperwork didn't they relinquish everything as being their property so I would be breaking the law if I returned a LCM?

    Usually I find them before we start the transaction and simply tell them that they cannot be transferred and have the seller take them home. This one slipped through the cracks and so I'm not sure what the "right" answer is.

    The seller is not an otherwise "exempt" individual.
    UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
    Closure Schedule: http://ugimports.com/closed
    web​ / email / vendor forum

    I AM THE MAJORITY!!!

    Amazon Links Posted May be Paid Links
  • #2
    ugimports
    Vendor/Retailer
    • Jun 2009
    • 6250

    Someone's comment disappeared. In theory yes it's possible to block, but this is a model of mag that I don't have blocks for and I don't really want to spend time or money on it.
    UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
    Closure Schedule: http://ugimports.com/closed
    web​ / email / vendor forum

    I AM THE MAJORITY!!!

    Amazon Links Posted May be Paid Links

    Comment

    • #3
      larkja
      Senior Member
      • Dec 2013
      • 1362

      Why not just contact seller? Not sure the backstory on the firearm, but possible the magazine is either old, or purchased when the ban was lifted. Unless there's a way to check the date, would have to assume seller owned it legally (maybe?). If he wants to return and collect the mag, great. If not, then dispose of it. Can't you transfer to buyer without a magazine?

      Comment

      • #4
        ugimports
        Vendor/Retailer
        • Jun 2009
        • 6250

        Originally posted by larkja
        Why not just contact seller? Not sure the backstory on the firearm, but possible the magazine is either old, or purchased when the ban was lifted. Unless there's a way to check the date, would have to assume seller owned it legally (maybe?). If he wants to return and collect the mag, great. If not, then dispose of it. Can't you transfer to buyer without a magazine?
        I am in contact with the seller. Answer this question for me:
        If the seller gave up the magazine during the sale are they no longer owner of it? If they are no longer the owner then how do you legally give a hi-cap magazine to someone that is not exempt? Outside of blocking it which costs me time and money I'm trying to confirm if I missed something with the LCM regs about giving a LCM to the previous owner of it. As far as the seller was concerned he thought he sold it to the buyer and did not realize with all the hub-bub that went on it was not legal to do so.

        I have no doubt the seller owned the mag legally and I'm not questioning that. I'm trying to determine if I'm in legal jeopardy giving a non-exempt person an LCM they no longer own.

        ETA: the firearm is irrelevant to this, but as an FYI it's an STI Staccato P

        Also, the buyer already picked up so this has nothing to do with delivery the firearm to the buyer. It's specifically to do with potential return of LCM to "old owner" since I'm trying to avoid spending time/money blocking it.
        Last edited by ugimports; 10-09-2020, 6:26 PM.
        UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
        Closure Schedule: http://ugimports.com/closed
        web​ / email / vendor forum

        I AM THE MAJORITY!!!

        Amazon Links Posted May be Paid Links

        Comment

        • #5
          ronlglock
          CGN/CGSSA Contributor
          CGN Contributor
          • May 2011
          • 2670

          The only legal documents for a PPT are for the firearm and not any accessories. Since it is not legal for the seller to transfer the magazine, he could not have transferred it and he must still own it.
          sigpic

          NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

          Comment

          • #6
            DB>
            Senior Member
            • Jan 2017
            • 830

            Just speculating, but my take would be the seller could not legally sell it, and inadvertently included it in the transaction (by mistake or lack of awareness), he would therefore retain ownership. Offer to return it to the owner/seller, and if they wish to treat it as "abandoned", dispose of it properly.

            If you keep it, then you and the seller would have generated an illegal transaction/transfer, when on it's face, neither of you intended to do so. Returning the SCM corrects the "mistake" on both counts.

            Comment

            • #7
              edgerly779
              CGN/CGSSA Contributor
              CGN Contributor
              • Aug 2009
              • 19871

              ^^ Likely best action to take.

              Comment

              • #8
                ugimports
                Vendor/Retailer
                • Jun 2009
                • 6250

                Originally posted by ronlglock
                The only legal documents for a PPT are for the firearm and not any accessories. Since it is not legal for the seller to transfer the magazine, he could not have transferred it and he must still own it.
                Ah good explanation. Thanks
                UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                Closure Schedule: http://ugimports.com/closed
                web​ / email / vendor forum

                I AM THE MAJORITY!!!

                Amazon Links Posted May be Paid Links

                Comment

                • #9
                  taperxz
                  I need a LIFE!!
                  • Feb 2010
                  • 19395

                  Originally posted by ugimports
                  Ah good explanation. Thanks
                  Wrong. The minute you took possession of it, makes it your responsibility. You missed it, buy the mag block and install it. Otherwise you are transferring the hi cap to the buyer.

                  Comment

                  • #10
                    ronlglock
                    CGN/CGSSA Contributor
                    CGN Contributor
                    • May 2011
                    • 2670

                    Originally posted by taperxz
                    Wrong. The minute you took possession of it, makes it your responsibility. You missed it, buy the mag block and install it. Otherwise you are transferring the hi cap to the buyer.

                    Hmmm... is returning something which should never have been given really considered to be giving back?

                    Certainly mag blocks are cheap and will get rid of any possible confusion.
                    sigpic

                    NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

                    Comment

                    • #11
                      taperxz
                      I need a LIFE!!
                      • Feb 2010
                      • 19395

                      Originally posted by ronlglock
                      Hmmm... is returning something which should never have been given really considered to be giving back?

                      Certainly mag blocks are cheap and will get rid of any possible confusion.

                      Comment

                      • #12
                        larkja
                        Senior Member
                        • Dec 2013
                        • 1362

                        Originally posted by ugimports
                        If the seller gave up the magazine during the sale are they no longer owner of it? If they are no longer the owner then how do you legally give a hi-cap magazine to someone that is not exempt?
                        You cannot give a hi-cap magazine to a non exempt person. Just legally dispose and be done with it.

                        Comment

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