QUIZ: I buy a gun online

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Lee Roder

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Seller is nonlicensee but I can accept item with my C&R license. Deal sounds workable so far.

Gun arrives, stock has undisclosed beaver damage.

Can I return gun directly to seller for refund?

I'm not a licensed manufacturer or dealer and there is no issue of repair or modification involved.

TIA
 
:D Well I sure hope not, this is how I read it

http://edocket.access.gpo.gov/cfr_2010/aprqtr/27cfr478.147.htm

Sec. 478.147 Return of firearm. [in part]

"A person not otherwise prohibited by Federal, State or local law may ship
a firearm curio or relic to a licensed collector for any lawful purpose,
and, notwithstanding any other provision of this part, the licensed
collector may return in interstate or foreign commerce to that person
the firearm curio or relic."
 
Well I sure hope not, this is how I read it

http://edocket.access.gpo.gov/cfr_20...cfr478.147.htm

Sec. 478.147 Return of firearm. [in part]

"A person not otherwise prohibited by Federal, State or local law may ship
a firearm curio or relic to a licensed collector for any lawful purpose,
and, notwithstanding any other provision of this part, the licensed
collector may return in interstate or foreign commerce to that person
the firearm curio or relic."
Click to expand...

You have quoted an applicable "regulation" from the CFR

What does the applicable Federal Statute say?
 
Well, being that these regulations are analogous to the ATF's own Rulings, I would assume that they constitute applicable law. At least my own understanding prior to this thread coincides with the "administrative law" quoted above.

As to what the actual applicable Federal statute reads, I honestly have no idea. Got a number, BM?
 
U.S. Code Crimes and Criminal Procedure>Crimes>Firearms>Unlawful Acts reads almost identically:

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

TITLE 18 > PART I > CHAPTER 44 > § 922

§ 922. Unlawful acts
(a) It shall be unlawful—
...
(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—
(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

What's the difference between a "regulation" and a "statute"?
 
A statue is a law passed by a legislative body, either the U.S Congress or a state legislature. In this case, it's the U.S. Congress. A regulation is a rule promulgated by a government agency. The agency has not authority to write rules or enforce them unless authorized by a statute. Usually the statute (or law) outlines what is epected and the regultion fleshes it out, often after a series of hearings and drafts published for comment.
 
Thanks Flynt, in this case, wording of both statute and regulation seem to coincide and both suggest to me that return of a firearm is permitted, or at least not prohibited.

I've been told one reason FFL's often choose not to accept shipments from individuals is that, should the item need to be returned, it "can't be". That reasoning doesn't seem correct to me.

Leadcounsel, say it's interstate shipment of a handgun involving a nonlicensee, first to a licensee and subsequent return from that licensee after voiding sale. Which Federal "statute" prohibits the latter return of the firearm (aka handgun) by the licensee?
 
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