I picked up a gorgeous A2 in preban dress.  Didn't check the SN first.  Now I find I have an illegal gun cause the lower is well past the DPMS cut-off date.  Is the gun shop (seller) culpable or am I?  Should I lean on the shop and make him produce what he advertised or just shut up and wait for the silly ban to sunset?
Is it going to sunset?
Dave

Sounds like you're entitled to any post-ban configured upper you want, even trade for the one you got, or you drop a dime on them.

You have a case.  And leverage.   How will you use it?

CJ

You basically have the gun shop by the balls. Don't wait for anything, you have leverage now. Wether the ban sunsets or not, you have been screwed, if I were you I would get rid of that rifle as soon as possible.

Maybe the gun shop made an honest mistake and would be more than happy to fix it.

Did you buy it as a preban?

How much did you pay for it?

I would be extremely pissed if I put an extra $600 up for preban and then find out it wasn't.

I'd definitely take the rifle back to the store. They should either refund an appropriate amount of money to you or they should replace the rifle with one equal to what you payed.

If you paid a pre-ban price for it, you should definitely demand your money back and have them make it right.  Say you were to keep it and the AW ban sunsets.  Your $1,000+ rifle is now worth $600.

I would take it back ASAP!!!!

Considering the risk of being charged with the felony that possession of a postban receiver with preban features installed is, it should be them that shoulders the burden and not you. They, being a licensed gun vendor, MUST know the difference in order to do business and are completely responsible. I would immediately demand a full refund, if they give you any slack, tell them you will be calling the BATF shortly. I don't think they would argue. And they would be lucky if I didn't turn them in, if it was me and they didn't fall all over themselves getting me an NIB verified preban. I could see that sort of thing happening at a gun show from an individuual, but from a gun shop, I would question that it wasn't deliberate.

Bottom line: Don't put yourself at risk!

Careful on the "calling the BATFE" thing!!!

Unless you have something in writing saying it was sold as a pre ban. When the BATFE thugs come to question the gun store, the store will just say it was sold as a post ban and you converted it. Then who's holding the Bag (ER- 10 years worth of federal felony firearms violation)? Who's the BATFE going to belive, you, or a licensed dealer? After all you're the one in possesion of it!

DON'T TRUST BATFE or that the gun store won't roll you under the bus- Cause they already did once!!!

Just take it back and get a refund!!!

Then you can turn em in, if you want.

In the mean time keep an eye out for guys that look sorta like this [(:)] [(:)] [(:)]

But that's just me. [:)>]

Hopefully the receipt shows "Pre-ban" otherwise you could show what they charge for Pre-bans and post-bans and ask why they think you would be dumb enough to pay the premium if they didn't tell you it was pre-ban with all the price tags around???

Does it actually have pre-ban features?? do they have more in stock with pre-ban features that have post ban Serial numbers?  They should be more than happy for you to get them to make it right since they may be getting screwed by a distributor or supplier.  Nobody ever said that gun store employees are alsways the smartest on the block.

Thank you for all the input.  Confirms my suspicions!  I didn't pay a premium price for the rifle (should have been my first clue) and this was a Pawn Shop Chain (there are 9 by this name in town and they have a pretty good business in firearms), not a "real" gun store.
Occasionally, in podunk west Texas, you'll find a steal. . .found a Fox BSE double barrel in a pawn shop for $275 once, heh, heh.  But I digress. I took the thing back and they did, indeed, fall all overthemselves getting my money back to me.  I don't remember the penelty for this particular felony, so I make up something and they did a collective gulp.  I considered leveraging some extra green for the position they put me in, but gave them the benefit of the dumb.  It was a devil gun anyway. . .the SN was 26 666 :-)
So will just buy a new AR from Rock River. . .I learned that I might be eligible for a club discount for that match rifle they have.  Just discovered a group in town that actually shoots at (gasp) targets and competes in (faint) 4 position CMP and NRA competition.  Heck this was what I did for many years in smallbore. . .
And, if I need an adrenaline rush I can still put a 40 round magazine in the thing and unleash a reign of terror in the back pasture.
Thanks, brothers, for guiding me toward what was necessary.   Dave

You did the right thing!

All and all, no harm done. You got your money back, and all is right with the world-- except that damn AWB, NFA, politicians, gov't thugs...

And that's what counts most!