Was he right, or was I being scammed?

[swampy]

This sounds too fishy. I would assume the rifle is worth between 500-1000 bucks. Why in the world would you ship without payment? If he were trying to screw you he would have taken the payment and then not shipped? I would think that there was an issue with communication but still would not explain why he shipped. People scamming do not spend money on shipping. They will wait for the sucker to spend theirs first.
You agreed to buy the gun and then didn't attempt to settle up for a week later? I would think the sellers frustration is you not paying timely. The seller probably had incorrect contact info which would explain why he did not contact you sooner demanding payment.

Either way at this point this deal sounds dead. I would send it back. Just saying go f off certainly will end your relationship with your FFL. He will be stuck with a gun and a situation because of you. As Dr Grant said this will just add to the list of poor transactions that stop FFL's from transferring out of state stuff.

Did the seller offer a 3 day inspection? It is always wise to copy yourself with important emails when you send them to others. When they don't get them, which happens to me often, you can reply to all and everyone gets a copy of a sent copy. Verizon is notorious for e-mail (incoming and outgoing) arriving a week or more after it was sent.

I'm not a lawyer and I don't pretend to know crap about interstate gun sales but, when I took business law many many years ago in college we were taught an item that is sent to you, with your name on it, that you did not order is considered a gift to you. Since you had asked for payment instructions you were implying that you wanted to buy the gun but did not actually buy it. Its not your fault he shipped it to you. I'd tell him pay the return shipping or you'll consider the gun a gift.

 

[TWBARRETT]

He is a scum bag. I had a shop pull this crap and charge me more than agreed on. I hate people like this

 

[Rob Boudrie]

'm not a lawyer and I don't pretend to know crap about interstate gun sales but, when I took business law many many years ago in college we were taught an item that is sent to you, with your name on it, that you did not order is considered a gift to you.

There is a law that specifically states this for items delivered by USPS, but it is less clear for items delivered by other carriers. I suspect this is the reason 47th Photo will not allow use of USPS shipping for items shipped by credit card. A growing problem is "friendly fraud" - people "self stealing" their card and then exercising their rights against fradulent charges in full.

He should transfer to you for the fee and be done with it, he's not selling it.

The FFL is in a tough spot. If he transfers a gun the ownership of which is in dispute, his explanation that he is only a transfer agent will not protect him from the inevitable internet badmouthing from the seller, and he may have problems to deal with if the seller files a stolen gun report and starts complaining to the FFL's local PD; the BATFE field office; the AG's office; the local consumer action reporter; etc. That's a lot of hassle for a transfer fee that is typically under $50.

 

[Bob P]

Show your FFL what you just wrote and buy some ammo. F*** the gun and the owner. He seems like an a** hole

This.

 

[Terminator03]

There is a law that specifically states this for items delivered by USPS, but it is less clear for items delivered by other carriers. I suspect this is the reason 47th Photo will not allow use of USPS shipping for items shipped by credit card. A growing problem is "friendly fraud" - people "self stealing" their card and then exercising their rights against fradulent charges in full.


The FFL is in a tough spot. If he transfers a gun the ownership of which is in dispute, his explanation that he is only a transfer agent will not protect him from the inevitable internet badmouthing from the seller, and he may have problems to deal with if the seller files a stolen gun report and starts complaining to the FFL's local PD; the BATFE field office; the AG's office; the local consumer action reporter; etc. That's a lot of hassle for a transfer fee that is typically under $50.

I don't see how any of this could, or should happen to the FFL, since he is just a transfer agent for the weapon, and is not involved in the monetary transfer at all. As far as he would know, the gun would have been pre-paid, since no one in their right mind would ship without advanced payment. In this case, the seller screwed the pooch by shipping it anyway. I have had many times where buyers have backed out on sending money for agreed on items, and I have had them all packaged, and ready to ship, but not actually sent. In this case it is a pain because I had to re-package (or at least make up new labels), but nothing left my possession until payment was received in full. The guy can badmouth the FFL all he wants, but in the end, HE is the one that screwed up, no one else in this situation. He is also no longer in a position to negotiate - especially for a higher price!

 

[JoeT]

he obviously doesn't know that "Goose rules" work 2 ways

The Goose's Disclaimer:

• Do not agree to a deal on line and then offer me less when we meet. If that happens the deal is over, no matter what. A deal is a deal. The time to negotiate is during the initial transaction, once the deal is made that’s it.

 

[Rob Boudrie]

I don't see how any of this could, or should happen to the FFL, since he is just a transfer agent for the weapon, and is not involved in the monetary transfer at all

I agree on the "should", but you are absolutely wrong about the "could".

There is nothing to prevent a one sided posting to the internet, or the filing of a complaint with the local PD or BATFE (even if not justified).

The guy can badmouth the FFL all he wants, but in the end, HE is the one that screwed up, no one else in this situation.

True, and how do you think internet postings about getting ripped off by the FFL will be for business? Would you expose your business to this sort of thing for a $40 transfer fee?