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The pistol may have been a Makarov, maybe even chambered for .380 if the barrel has been changed.
The one I have is simply marked 9mm mak (for the caliber) on the frame and when I purchased it the dealer said shooting .380/9x17 in it would be fine.
When I bought my Makarov, the guy at the counter started laughing, then started ribbing one of the other employees about their trip to the range when the other employee loaded a bunch of mags for each of the guns that he had brought, then fired a full mag of .380 through his Makarov while wondering why there was some smoke and flash from the ejection port, and why his "groups" were all over the place.
I switched mine to a 2 pound heavier recoil spring, to reduce the 'slap' to my hand. I have no doubts that the stock recoil spring would cycle with .380, but accuracy wouldn't be much better than using a smoothbore barrel.
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It's possible the gun is a 9mm Kurz, Short, .380, whatever... and the cop just saw the "9mm" written on the side.
Who knows. I once overheard the following in a LGS:
"I just bought a 40 caliber Glock, and I'd like to buy some ammo for it, but it seems all the 40 caliber ammo you have is Smith & Wesson."
I once made the mistake of asking the guy at the Walmart gun counter if they happened to stock any 9mm Makarov (wasn't really expecting them to have it, but thought that maybe customers asking for it might change things). He thought for a second or two, then replied "No, but we've got 9mm Federal, 9mm Winchester, 9mm Remington, and I think I saw some 9mm Luger, the other day."