Blackbeard
Member
Side question for the logging option: Are the revolvers he received C&R eligible? If not, are there potential license/criminal issues with logging a non-C&R firearm in his book?
In post 1 the OP says that at least one is, to his knowledge, C&R, and that the other one might be.Blackbeard said:Side question for the logging option: Are the revolvers he received C&R eligible? If not, are there potential license/criminal issues with logging a non-C&R firearm in his book?
Regarding the "otherwise obtained" language in the federal code for non-FFLs, I wonder if one might apply the UCC with regard to whether a shipment of goods has been accepted or not. If a seller ships you goods, you have a reasonable time to inspect them for conformity. If they don't conform, you have to make an effective rejection of the shipment (notify seller and allow them to remove the goods).
I don't know if this would save you from being charged, but it would be some evidence that you did not intend to receive firearms illegally.
I would suspect that, as a non-FFL holder, merely receiving a gun from a contract carrier would be considered a violation of the law.
The first thing I would do as a non-licensee if I were stuck in this situation would be to retain the services of an attorney to attempt to rectify the situation without exposing myself to criminal prosecution. I can't keep it; as a non-licensee it isn't legal for me to receive guns through the mail or from a contract carrier. I can't transfer it to someone else since I received it illegally. Turning it over to the authorities is admission of having been party to a crime. This would put me in a real jam.
How much time and what do you mean by "conformity" here? According to the OP he knew immediately upon opening the package and reading the enclosed bill of sale that the guns weren't his.Blackbeard said:Regarding the "otherwise obtained" language in the federal code for non-FFLs, I wonder if one might apply the UCC with regard to whether a shipment of goods has been accepted or not. If a seller ships you goods, you have a reasonable time to inspect them for conformity....
Not necessarily.GoWolfpack said:....Turning it over to the authorities is admission of having been party to a crime. This would put me in a real jam.