What could happen in this situation?

**Roymond** · 03-29-2011, 11:41 PM

Hey Everyone,

I apologize if this has already been covered before, and the vagueness of my title. This happened to me last Saturday and I am curious as to what legally could happen to me.

On March 12th, I went down to a CT dealer to purchase a M&P15-22 rifle. I drove there because I knew they had them in stock and I also knew that they had a truly reasonable price. I filled out all the paperwork and they wrote down the details of the gun, and did all the necessary stuff to start my two week waiting period.

They said that I could come in on Saturday (March 26th) and pick up the gun. I called that day to verify that it was okay for me to come down and they said it was. So, I went down to the store to pick up the rifle, and was ready to go to the range that day. I got there, explained to one of the guys at the counter that I was there to pick up a gun off the two week wait and he goes to look for it. 15 minutes later I see him up at the counter talking to one of his coworkers, kind of franticly, and tosses my paperwork onto the rack of guns behind the counter. His coworker picks up the paperwork, looks through it and then goes off. About another 15 minutes later, the second coworker comes up to me and tells me that they do not have my gun in the store because they were recalled. This didn't sit well with me because of how the first guy acted, so I questioned if Smith and Wesson truly recalled it or if the gun was sold to someone else. He reassured me that he had a contact at Smith and Wesson that could verify that the gun was in fact recalled and that he was sorry that I would not be able to pick it up that day.

This still didn't sit well with me but I gave him my contact information and he reassured me that he was going to call me as soon as the rifle came in for me to go pick it up. As I was driving back to Massachusetts, I called the Smith and Wesson Shooting Center and asked them if they had heard of any M&P15's being recalled. Then on Monday Morning, I called Smith and Wesson customer service who again stated that they had not recalled the M&P15's.

Another day has passed, and I obviously have some worries that I hope you guys can help me out with. The primary one being, if the store did sell it to someone else, is that gun in anyway tied to me? I know when you start the two week wait, they fill out a form with the description of the gun and the serial number, but that's not given to the State Police until the transaction is finalized correct?

**Twigg** · 03-30-2011, 06:07 AM

If you're a MA [STRIKE]resident[/STRIKE] subject then your gubbermint knows nothing about the rifle untill you fill out and file the FA-10.

The FA-10 needs to be filed AFTER the rifle is brought into the state.

Was there a 4473 filled out in the CT shop ?
That's the form used to report the sale to the Feds.

It sounds like the rifle may have been "sold" to you after being sold to (and picked up by) someone else.

Do you have a record of the transaction with the rifle's serial number on it ?

**Roymond** · 03-30-2011, 09:11 AM

There was a 4473 filled at in the CT Shop. If I remember correctly he also called it in. Unfortunately I do not have have any record of the transaction other than the receipt for the money I put down on it.

(Also I plan on GTFO out of MA asap.)

**LenS** · 03-30-2011, 09:16 AM

After verifying that you were fed a line of BS, here's the action I would take if I were in your shoes.

- If you have no money paid to date, call and tell them you verified that you were fed BS and the sale if off. Get name of person you called and write down info with date and time.

- If you pre-paid by CC, I'd do the above and demand a refund. If they refuse or delay, contact your CC company and dispute the charges.

- If you pre-paid in cash/check/MO, you are screwed. Suing in court you'd win, but it will cost you in legal fees/lost time from work/aggravation more than it cost to buy a new 15-22.

Mistakes happen and if they were honest about it, I'd give them a second chance provided they did something for you to make up for your multiple trips, delay and aggravation. BS'g you on an obvious "we screwed up and sold the gun twice" situation is unforgivable and deserves outing and not dealing with them ever again.

Don't worry about the gov thinking you own it. MA won't know about it as you never registered it in MA. CT won't matter to you as you aren't a CT resident. And the Feds are no big deal as the BB at the dealer will NOT show that you own it as it was never transfered to you.

I'd just buy one from a MA dealer, it's not like they are a rare gun.

Sorry that you are going thru this. Good luck!

**fiddly_foo** · 03-30-2011, 03:51 PM

What store in ct was it or what town was it in . I know alot of gun stores were there are some pretty dumb people....

**whatluck** · 03-30-2011, 03:53 PM

Give them a chance to make it right.

If not, write tons of articles all over the internet about how they screwed you.

**Roymond** · 03-30-2011, 07:56 PM

Originally Posted by fiddly_foo

What store in ct was it or what town was it in . I know alot of gun stores were there are some pretty dumb people....

I'm not going to reveal what store it was in because like whatluck said I should give them a chance to make things right. If they do and they make me happy they'll just lose me as a customer (Regardless of the outcome I don't want to go back there after this, they just had a REALLY good price on the gun)

wolf223 · 03-30-2011, 08:09 PM

if the rifle is MA compliant there should be no issue.

the only thing i could possibly think of is it may have mags >10rds, a flash hider or collapsable stock.... i could be wrong though....

PS: ALWAYS research what is legal in MA before you try to buy out of state... i don't care if it's a bolt-action, single shot rifle...

**Dmac82** · 03-30-2011, 09:27 PM

The gun is theirs untill they give it to you; if someone else owns it, then they have really f'd up if its in your name. moneys/deposit shouldn't have anything to do with it.

**mattvct** · 04-01-2011, 07:03 PM

There is a certain gun shop on the Berlin Turnpike that did the exact same thing to a friend of mine a month ago over an M&P 15 in .223. Same runaround about "oh, they were recalled" and then finding out there was no recall.

He cancelled his order there and went to another, smaller, gun shop across the turnpike and bought an AR there instead and had no difficulties.

What could happen in this situation?

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