Alpo Posted November 6, 2021 Share Posted November 6, 2021 You are at the pawn shop, and they have a gun in the case. It has a tag on it marking it as a Colt or a Winchester or a Beretta. And you buy it. Later you discover that it is a Uberti or a Rossi or a Taurus. And that the pawn shop guy knew that, But had marked it incorrectly deliberately so he could charge more money. I was just remembering an Eibar 32/20 wearing Smith & Wesson grips, and tagged and priced as a Smith & Wesson. After looking at it, and realizing what it was, I told the pawn shop guy is it was mismarked. Two weeks later I was in that pawn shop again, and it still had Smith and Wesson grips and a Smith & Wesson price tag on it. I believe they call that fraud. Link to comment Share on other sites More sharing options...
Pat Riot Posted November 6, 2021 Share Posted November 6, 2021 Yes, it is. I wouldn’t do business with them and I would spread the word to let others know. Link to comment Share on other sites More sharing options...
Wallaby Jack, SASS #44062 Posted November 6, 2021 Share Posted November 6, 2021 GOUGING .... at the very least ..... Link to comment Share on other sites More sharing options...
Father Kit Cool Gun Garth Posted November 6, 2021 Share Posted November 6, 2021 Link to comment Share on other sites More sharing options...
DocWard Posted November 6, 2021 Share Posted November 6, 2021 Since it is a business that is dependent upon an FFL for their ability to sell firearms, they are breaking federal law if they report it on the 4473 as anything other than what it is. So, would I win the lawsuit? Possibly. Would the shop lose their FFL, go to prison and / or face some huge fines. More than likely. Link to comment Share on other sites More sharing options...
Chickasaw Bill SASS #70001 Posted November 6, 2021 Share Posted November 6, 2021 the IOI (BATFE Agent) would have a lot to say to the FFL holder , most of it not nice CB Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted November 6, 2021 Share Posted November 6, 2021 What were the engravings on the gun? Link to comment Share on other sites More sharing options...
Alpo Posted November 6, 2021 Author Share Posted November 6, 2021 Folks, this was back in the 80s. As I said in the original post, I was remembering. Thread on another board mentioned something about mismarked guns, and that dredged this up out of the dim dark recesses of my mind. And I did never return to that shop. Link to comment Share on other sites More sharing options...
bgavin Posted November 6, 2021 Share Posted November 6, 2021 It is my considered opinion, in a lawsuit of this type... only the lawyer wins. Link to comment Share on other sites More sharing options...
sassnetguy50 Posted November 6, 2021 Share Posted November 6, 2021 1 hour ago, DocWard said: Since it is a business that is dependent upon an FFL for their ability to sell firearms, they are breaking federal law if they report it on the 4473 as anything other than what it is. So, would I win the lawsuit? Possibly. Would the shop lose their FFL, go to prison and / or face some huge fines. More than likely. Didn't the old 4473 have the firearm info after the signature? So we signed that our checkmarks were honest and the FFL walked off to call it in. Some shops didn't show what they filled out. Link to comment Share on other sites More sharing options...
Alpo Posted November 6, 2021 Author Share Posted November 6, 2021 1 hour ago, sassnetguy50 said: Didn't the old 4473 have the firearm info after the signature? So we signed that our checkmarks were honest and the FFL walked off to call it in. Some shops didn't show what they filled out. You are correct sir. We filled out the front page and signed it, and then they turned it over and filled out the back page. We may or may not have seen what was on the back. Link to comment Share on other sites More sharing options...
Marshal Mo Hare, SASS #45984 Posted November 6, 2021 Share Posted November 6, 2021 As far as a lawsuit is concerned, there is ample evidence that you knew the labelling was wrong (this discussion). Thus, if you were to sue you can not claim that you were defrauded. Link to comment Share on other sites More sharing options...
Alpo Posted November 6, 2021 Author Share Posted November 6, 2021 Let's revisit the original post, shall we? 11 hours ago, Alpo said: You are at the pawn shop, and they have a gun in the case. It has a tag on it marking it as a Colt or a Winchester or a Beretta. And you buy it. Later you discover that it is a Uberti or a Rossi or a Taurus. And that the pawn shop guy knew that, But had marked it incorrectly deliberately so he could charge more money. As you can see, the original question was not about me being defrauded by the pawn shop selling me an Eibar but calling it a Smith & Wesson. I saw that it was not that. I declined to buy it, and therefore was not defrauded. The question was about some hypothetical person ("you") who bought what he thought was a Colt or a Winchester or a Beretta, only to find out later he had bought an Uberti or a Rossi or a Taurus, and thus HE was defrauded. I was in another store one time, and saw that they had a new Colt Single Action Army in the case for about $600. WOW!!! But when I asked to inspect it, I discovered it was a Colt Cowboy. Again, I declined to purchase it. Link to comment Share on other sites More sharing options...
ORNERY OAF Posted November 6, 2021 Share Posted November 6, 2021 Not seen it with a gun but with mags at that last C and E gumshow here in town. The big magazine dealer has boxes of "surplus" mags and lists them as he sees fit. He had a big box of AK mags listed as Russian.....I looked at them, they were the KCI korean garbage. I mentioned dit to him and he said I was wrong and they were fine. I kinda got loud and called him out in front of a lot of folks. He still does it,lol. If he is there next weekend, I am gonna call him out again and mention it to the gun show staff. Link to comment Share on other sites More sharing options...
Capt. James H. Callahan Posted November 6, 2021 Share Posted November 6, 2021 I wouldn't buy it to start with. JHC Link to comment Share on other sites More sharing options...
Patagonia Pete Posted November 7, 2021 Share Posted November 7, 2021 But wait!! All those name brand guns are so superior ... Are you saying that you couldn't pick up a Colt (even with a blindfold) and immediately know that it was the "real thing"???!? You couldn't pick both up and easily identify the "cheap ... soft metal ... knock off"??? Amazing ... This is gonna go bad for BBQ guns. Gemme your money ... you're getting the best!!! Link to comment Share on other sites More sharing options...
Patagonia Pete Posted November 7, 2021 Share Posted November 7, 2021 AND .. not to carry on ... BUT ... They should have given you a receipt that stated what you got (and serial number) ... (not getting what the receipt says would be a good start for a court case). ... BUT ... In the clerk's defense ... if the Uberti had "Colt 45" printed on the top of the barrel ... can the clerk call it a "Colt"?? ... Here you go son ... here is a Colt ... a Colt 45 ... wadda you think of that?? Pretty nice huh?? If the other thing (non-Smith and Wesson) had Smith and Wesson 38 special printed on the barrel ... would he be completely dishonest calling it a Smith and Wesson?? Just sayin' Link to comment Share on other sites More sharing options...
DocWard Posted November 7, 2021 Share Posted November 7, 2021 On 11/6/2021 at 10:19 AM, sassnetguy50 said: Didn't the old 4473 have the firearm info after the signature? So we signed that our checkmarks were honest and the FFL walked off to call it in. Some shops didn't show what they filled out. 14 hours ago, Patagonia Pete said: AND .. not to carry on ... BUT ... They should have given you a receipt that stated what you got (and serial number) ... I've always gotten a receipt with all of the firearm information, and as far as I can recall, was able to check against the 4473. Regardless, if the receipt says one thing, and the 4473 says something else, still big problems. Link to comment Share on other sites More sharing options...
sassnetguy50 Posted November 7, 2021 Share Posted November 7, 2021 46 minutes ago, DocWard said: I've always gotten a receipt with all of the firearm information, and as far as I can recall, was able to check against the 4473. Regardless, if the receipt says one thing, and the 4473 says something else, still big problems. Are they carbon copy receipts or printed? Ever bought from a chain store? Link to comment Share on other sites More sharing options...
DocWard Posted November 7, 2021 Share Posted November 7, 2021 1 hour ago, sassnetguy50 said: Are they carbon copy receipts or printed? Ever bought from a chain store? I've had both carbon copy and computer generated, from mom and pop stores, to larger gun stores, to box stores (I worked in firearms, including over a year as a firearms supervisor, at Gander Mountain). Link to comment Share on other sites More sharing options...
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