Posted: 12/5/2002 8:50:39 PM EDT
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What is the law regarding interstate transfer of firearms? I was involved in a failed trade, and now the FFL is balking at returning my carbine. The other guy sent an AR15 upper. I then sent an M1 carbine. He did not like it and I returned the upper. I paid shipping to send the carbine and upper to California. So far everything has gone through the USPS from me in Texas to him in California. Now he is refusing to return my carbine unless I reimburse him for sending the upper to me in the beginning. His FFL dealer says she won't return my carbine, until I pay him for shipping the upper. I offered to send an amount that is what it cost me to ship the carbine, but that was refused. I had asked, per my FFL dealer, for the carbine to be sent C.O.D., they refused, rudely too. Do I have any options, other than just sending what he wants? Jim |
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As Troy posted, your options are limited - althoguh you could bring legal action against the FFL if they repeated and unreasonably refuse to return your property to you. "normal" procedure for a trade like this would be for you each to pay your own shipping for the inital transaction and any return, unless other arrangements were made beforehand - and the guy in Cali seems like a bit of a prick for expecting you to eat his return shipping for the upper, in addition to handling your own shipping for the carbine and the return of his upper. In some small way, it might be best to pay what he's asking, and just keep an eye out for him on the boards in the future, rather than deal with the hassle of a prick buyer and a uncooperative FFL. Treat it as an object lesson, and lay down the terms for both the transaction and a possible return beforehand in the future, and count yourself lucky to learn a small lesson in internet dealings for just the price of shipping the upper. |
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By saying he did not like it is pretty vague. If he just changed his mind then I would say he broke the deal and perhaps could take some additional responsibilities for shipping costs. If you shipped a rifle and it was not in the condition as described then I would say you broke the deal and had similar responsibilities. In this kind of deal gone bad the FFLs on both end should still get thier fee's cause both thier times got wasted. The FFL has your property but in my opinion he desirves a fee for his time. If he ships your rifle back to you he then looses all leverage to collect those fees. So basically he is holding onto the only asset he can control untill the lien is cleared against it. For what ever reasons the trade fell through and most likely I feel each person should cover thier own costs in the deal. |