New firearm and serial # doesn't match triplicate or receipt

[Melissa S Bishop]

For starters, I'm new to here and just purchased my first firearm, also I'm from Michigan and required to register it with the local police.

I went to a local gun and knife show this weekend and purchased my first firearm from a individual dealer (not a company). I passed the background check. He got the box from under the counter and filled out the triplicate and the receipt and it was mine. After arriving home I put it away and today got to cleaning and realized that something didn't look right. I was going to go to my local police and register the handgun today but the serial number on the gun didn't match the numbers on the receipt or the triplicate!!! He copied it off the box which is incorrect. So now I have a gun in my possession that has not been registered to me, and he has record of me buying a gun that someone else may have possession of . I tried calling and the guy isn't answering and I can't leave a message. I don't know what to do. I'm afraid if I take it to the station there will be some issue and I will have to give up my gun. Please help with any advise that you can give.

 

[Sistema1927]

Sounds like you need an attorney.

(And how many times did you post this?)

 

[Melissa S Bishop]

I edited it twice and it posted 3 times. I can't figure ito how to delete the other 2

 

[Frank Ettin]

Melissa,

Welcome to THR. I've deleted the duplicates.

MIchigan has some unique rules regarding handguns, and hopefully someone from Michigan who understands the Michigan rules will be along with some answers. But perhaps you can help me understand the situation better.

You say you passed a background check. In most states a background check is done when buying a gun from a dealer. We usually use the term "dealer" to refer to someone who has a federal license to sell firearms, and a dealer could be an individual or a company. And in many States, a gun may legally be purchased from a private party without a background check (as long as both the seller and buyer are residents of the State).

But as I understand Michigan rules, to buy a handgun one needs a permit to purchase from the police; and the police do a background check in order to issue the permit. Is that what has happened with you? You had a background check done by your local police, obtained a permit to purchase, and then bought a handgun from an individual at a gun show? In your case did the person you bought the gun from do any sort of background check or have you fill out a form?

 

[Melissa S Bishop]

The ffl dealer did the background check. He then gave me a receipt and a pistol sales record. I now have to take that up my local police department and put it on record that I own it. The pistol sales record is what I was calling the triplicate, my apologies. The problem is that the sales record had the serial number from the box which does not match the gun.

 

[cjwils]

Hi Melissa: If the person you bought it from is a licensed dealer (FFL), then I believe he is required to have a registered place of business with an identifiable street address. Hopefully, his address is on the paperwork somewhere (letterhead on the receipt, perhaps?), and you can track him down there even if he does not answer the phone. Others out there are FFL's and can confirm what I said (or not).

 

[F-111 John]

But as I understand Michigan rules, to buy a handgun one needs a permit to purchase from the police; and the police do a background check in order to issue the permit. Is that what has happened with you? You had a background check done by your local police, obtained a permit to purchase, and then bought a handgun from an individual at a gun show? In your case did the person you bought the gun from do any sort of background check or have you fill out a form?

Michigan recently changed their handgun purchasing laws and no longer require that one obtain a "permit to purchase a handgun" prior to purchasing a handgun from an FFL. The FFL must either perform a NICS check on the buyer or use the buyer's valid Michigan CPL as an alternative to the NICS check.

The dealer must then fill out a "Pistol Sales Record" in triplicate (form: https://www.michigan.gov/documents/msp/ri-060_523727_7.pdf) and give the "purchaser" and "registry" copies to the purchaser, who has 10 days to turn the registry copy to their local police department or county sheriff.

The seller's FFL information should be on the Pistol Sales Record, and you should be able to look up his contact information from his FFL number. He has made a material error not only on your Pistol Sales Record, he has made the same error in his bound book and on the 4473. So it is in his best interests to correct the error as soon as possible.

Keeping the 10 day period in mind, I would contact the Michigan State Police Firearms Records at 517-241-1917, and explain to them what happened, and your attempts to contact the FFL for correction. They can tell you how to properly proceed in order to register the firearm with the Michigan State Police.

My guess is that you will go to your County Sheriff or local Police, and fill out a new Pistol Sales Record form in front of the clerk. The clerk may take both the original Pistol Sales Record and the new Pistol Sales Record, or they may simply correct the serial number information on your current Pistol Sales Record form.

 

[Melissa S Bishop]

Cjwils:
He has a PO Box. I did find 2 possible addresses online. One at a storage facility and the other at an undeveloped lot on a dirt road. It's possible that one of the surrounding houses is his but I'm not sure. Both locations are over an hour from me.

 

[cjwils]

Here is another idea for finding the FFL's address. If his FFL number is on the paperwork anywhere, go to the website below, enter parts of the FFL number as needed, and you will be given the dealer's business name and business address.
https://fflezcheck.atf.gov/fflezcheck/

 

[Melissa S Bishop]

I did try to look up the address with his ffl before posting. It was the address at the storage facility

 

[larryh1108]

I went to a local gun and knife show this weekend and purchased my first firearm from a individual dealer (not a company).

I took this to mean she purchased it from a private seller but I could be wrong. What is her recourse if it was a private sale?

 

[F-111 John]

I took this to mean she purchased it from a private seller but I could be wrong. What is her recourse if it was a private sale?

If Melissa doesn't have a CPL, she is not allowed to purchase a handgun in a private sale in Michigan without a Permit to Purchase issued by her local police or county sheriff ahead of time. An alternative is to have both parties go to an FFL and have the FFL make the transfer and required NICS check.

 

[Melissa S Bishop]

I apologize for the confusion. Yes, I did legally purchase from an FFL dealer, and was given a "pistol sales record". He is Incorporated.
He did perform an nics background check. I did pass. Lol
I was meaning "individual" as in, one person runs the business.

Again, I'm sorry for the confusion. Hope this helps clarify.

 

[Melissa S Bishop]

As far as I can tell, there's not really any "brick and mortar" storefront... Or dwelling. Lol

 

[redbone]

I second the suggestion in post #7. Be upfront with the State Police and see what happens. Better to lose custody of the pistol for a bit than to spend time elsewhere. My experience with State Police in general is that if you are trying do the right thing, they will be helpful. They spend most of their time dealing with less-than-honest folks, and when they run into a good citizen they are delighted. It is unfortunate that you ran into this situation on your first firearm purchase, but don't let it change anything, just make it right and keep moving forward. To err is human...

 

[edwardware]

Keeping the 10 day period in mind, I would contact the Michigan State Police Firearms Records at 517-241-1917, and explain to them what happened, and your attempts to contact the FFL for correction.

I like F-111 John's advice. While not technically legally important, making an effort to comply can count for a lot. I'll bet you aren't in the first hundred people to have this problem; they probably have an easy way to fix it.

 

[Leader]

Call your local police and explain, like F-111 John said, they will issue a correct registration.
You will NOT lose your gun.

Next I would report your problem contacting the seller to ATF&E as he isn't following the law.

 

[SharpDog]

For starters, I'm new to here and just purchased my first firearm, also I'm from Michigan and required to register it with the local police.

I went to a local gun and knife show this weekend and purchased my first firearm from a individual dealer (not a company). I passed the background check. He got the box from under the counter and filled out the triplicate and the receipt and it was mine. After arriving home I put it away and today got to cleaning and realized that something didn't look right. I was going to go to my local police and register the handgun today but the serial number on the gun didn't match the numbers on the receipt or the triplicate!!! He copied it off the box which is incorrect. So now I have a gun in my possession that has not been registered to me, and he has record of me buying a gun that someone else may have possession of . I tried calling and the guy isn't answering and I can't leave a message. I don't know what to do. I'm afraid if I take it to the station there will be some issue and I will have to give up my gun. Please help with any advise that you can give.

Best case, he's legit and just put the wrong gun in the wrong box. I know I could easily make that mistake (but I'm not an FFL).

Worst case ... well ...

You should do as suggested above and get everything on record with the police.

Next time just go to a local gun shop, pay a little more if you have to.

 

[Melissa S Bishop]

I have done some more research and it looks like the dealer obtained his FFL around 1993 and he frequents gun shows in Michigan. At the show he had 2 all black and 2 black and stainless. The one I purchased was all black and the box is for a black and stainless. I believe it was an honest mistake but I do plan to follow F-111 John's advise if I can not contact the dealer. Thank you guys for all of your advise. I'll be sure to update when I get it all figured out.

 

[Leader]

Which gun show was it?

I had one that had the wrong serial # on it & just corrected it when I sold it, no problem.

 

[Frank Ettin]

Michigan recently changed their handgun purchasing laws and no longer require that one obtain a "permit to purchase a handgun" prior to purchasing a handgun from an FFL. The FFL must either perform a NICS check on the buyer or use the buyer's valid Michigan CPL as an alternative to the NICS check....

An excellent post, excellent information and very helpful. Thank you.

 

[herrwalther]

I apologize for the confusion. Yes, I did legally purchase from an FFL dealer, and was given a "pistol sales record". He is Incorporated.
He did perform an nics background check. I did pass. Lol
I was meaning "individual" as in, one person runs the business.

Again, I'm sorry for the confusion. Hope this helps clarify.

So far the best advice is to get in contact with your local police department. Specifically ask them if you want to bring the firearm itself in or just a picture of the serial number. Admin personnel in police offices can get a little jumpy if you pull out a handgun. So make sure you know how they want you to get the right serial number recorded. If they say bring the firearm, bring it in the box and with the paperwork from the FFL. That way you can show them the error between the SN on the firearm and the errors made when recorded. Get right with the police first, getting a hold of the FFL to fix the mistake in his bound book record can wait.