C&R FFL: what to do if gun is not a c&r?

[evan price]

Recently I was going to but a classic Smith & Wesson revolver on Gunbroker. The seller represented it as being a 1963 manufacture date and was therefore a c&r. The seller sent me the serial number to confirm.
During the course of the transaction right before I bid the seller emailed me.that he had made a mistake reading the serial number and the gun was actually a 1968 and NOT a c&r eligible gun.

Lets say that this had not been discovered.
What should the c&r licensee do if they discover the gun wasn't actually eligible?
What should the 01 ffl do in this case?
Obviously, "go to jail" is what nobody wants!

 

[Speedo66]

If discovered near time of transaction, I would return the firearm to the selling dealer and have them send it to a LGS as a regular transaction.

If it's discovered later, don't know what to tell you. Unless the seller is audited by BATF, the chances of this being discovered and being an issue are pretty slim.

A call to BATF would probably give you better guidance.

 

[slumlord44]

If discovered after it is delivered you cannot log it in to your book because it is not a C&R. Not sure what else you would have to do if anything. The seller goofed, not you. You would have to talk to the BATF to know for sure.

 

[Red Wind]

^This seems to be the only sure way. Call them in Martinsburg,West Virginia. Toll free,1-866-662-2750.

 

[rromeo]

I haven't dealt with that exact issue, but similar. I purchased 3 bolt action shotguns, the #01ffl logged them out of his book and I took them on my #03. I had them in the car, and then noticed a problem. I brought one of those guns back and said I needed a 4473, the Marlin was made in 1974.
He said it wasn't a huge problem, and just amended how he logged it out in his bound book.
If you get something sent to you that is non-C&R, just return to sender. Mistakes happen and the BATFE is not completely the bunch of boogeymen that everyone thinks.

 

[mgkdrgn]

Recently I was going to but a classic Smith & Wesson revolver on Gunbroker. The seller represented it as being a 1963 manufacture date and was therefore a c&r. The seller sent me the serial number to confirm.
During the course of the transaction right before I bid the seller emailed me.that he had made a mistake reading the serial number and the gun was actually a 1968 and NOT a c&r eligible gun.

Lets say that this had not been discovered.
What should the c&r licensee do if they discover the gun wasn't actually eligible?
What should the 01 ffl do in this case?
Obviously, "go to jail" is what nobody wants!

Assuming you have taken possession and logged it in:

1) find a local 01 FFL willing to hand the transfer, explain the situation to them.

2) log out of your book to that FFL

3) have that FFL do a normal 4473, log it back out to you.

4) Non C&R does -not- go back in your book

5) notes in your book as to the circumstances

I would think that would cover it.

 

[zorro45]

suggestion

I like this last suggestion. Calling the ATF myself would rate right up there with asking "gee officer, I have a pistol permit in Pennsylvania, does it apply here in New Jersey?" If you really really wanted the ATF to weigh in on this, have your attorney write a letter and get written guidance, and keep your name out of it.