Question about C&R mistake

[nutzack1001]

Hi everyone,


So heres a question, A friend of mine whom I shoot with on a regular basis recently got his C&R license after he saw what I was able to purchase with mine. Well he went up to NH and purchased what he thought was a Walther P38, and was all excited when we went shooting yesterday, Well this gun is actually a P1 not a P38 even though the slide says P38 it is a Post-War gun and not on the C&R list. The dealer who he purchased it off of told him it was C&R eligible, yet the gun was made in 1960 making it not available with the C&R license, and not on the list to begin with. My question is who is at fault and what if anything can happen about this? The gun is not on any list in MA, and I tried explaining to him that what he did was technically illegal right? Thanks for the help.

Zack

Mods feel free to move to "Laws" I just assumed that because it was federal not state maybe in General might be good.

 

[jdubois]

My question is who is at fault and what if anything can happen about this?

Both FFLs (the dealer and the C&R holder) are at fault. All kinds of badness can happen. I'd take it back to the dealer and reverse the transaction ASAP.

 

[vellnueve]

Both are at fault.

 

[nutzack1001]

Thanks guys for the answers. Now the ultimate question, there should be no problems returning it and making sure both of their bound books reflect that there was a mistake made. I feel bad for the kid, he thought he was getting a deal. Mistakes happen but I would assume a dealer would know better.

 

[jdubois]

If this really was his first entry in the bound book, I'd just throw the book/page away and start fresh again. No need to log the gun out of the book and keep a record of it, as it never should have been logged in to begin with. If there are other entries in the bound book, that's a bit harder. I think the best you could do is just draw a line through the entry, mark it "void", and initial and date it. But you might have some explaining to do during an audit.

 

[nutzack1001]

I just called him and gave him the info, He said he'll be returning it, but its good to know what to do just incase. He didn't even have a bound book yet so it doesn't really matter. He also told me he called GOAL and they told him to return it asap, and that it apparently was a new mistake that they had not heard of.

 

[jdubois]

He didn't even have a bound book yet

Keep in mind that he has to make an entry in the bound book by the close of the next business day after he acquires a firearm, or within 7 days if he's buying from an FFL and the receipt has all the information needed to be entered in the bound book. In other words, he should really have a bound book before he begins making C&R purchases.

 

[nutzack1001]

Keep in mind that he has to make an entry in the bound book by the close of the next business day after he acquires a firearm, or within 7 days if he's buying from an FFL and the receipt has all the information needed to be entered in the bound book. In other words, he should really have a bound book before he begins making C&R purchases.

I know this. I've had mine for a few years now. No problems, especially no mistakes, always careful about everything I do firearm related. I only have a couple items in there to begin with anyways. Its a newbie mistake on his part, but a stupid one at that. I appreciate the info though.

 

[56/50]

P1 or P38

When working with Firearms, assumption's can be the mother of all screw up's,remember Felix Unger, to assume is to make an-ass-out of-u(you) and-me-!! Boy this sure look's like the poster boy of assumption's when it comes to Firearms,when really it was nobody's fault but how the Fed's may look at it is another matter, nobody is perfect we all make mistakes!!

 

[Arioch]

56/50 are you by any chance a Spencer devotee?