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Do you think you could win the lawsuit?


Alpo

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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!!! s10.gif.07c9437d1f6ee62e656b23c5dfe063a9.gif

 

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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' 

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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.

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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?  

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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).

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