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What could happen in this situation?

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Oct 12, 2010
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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?
 
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 ?
 
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.)
 
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!
 
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....
 
Give them a chance to make it right.

If not, write tons of articles all over the internet about how they screwed you.
 
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)
 
if the rifle is MA compliant there should be no issue.

[thinking] 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...
 
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.
 
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.
 
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.

were they selling these things for $300 bucks? i don't understand how anyone would willingly go out of state to buy a post-ban gun like the M&P 15-22 when they can get them in MA for the same price, minus gas, plus taxes
 
were they selling these things for $300 bucks? i don't understand how anyone would willingly go out of state to buy a post-ban gun like the M&P 15-22 when they can get them in MA for the same price, minus gas, plus taxes

They had agreed to sell me a brand new one for 399. My dad was the one who offered to drive me down there because when we went to the West Springfield gun show there was nothing that screamed for me to take it home.

I think I am going to follow the route of your friend Matt. I've called my favorite dealer and they've told me that they might have on in stock when I'm in the area next week. It might be a bit more expensive but honestly they've been a pleasure to deal with on all my family's other purchases through them (My M&P45, my father's SW1911 and my sister's Charter .38 Special). If they do then I'll cancel my order with the original guys.
 
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.

Let me guess. In both cases the shop was Hoffmans.

In your case, the smaller shop was the great guys over at Newington Gun Exchange.

Just a hunch.
 
Let me guess. In both cases the shop was Hoffmans.

In your case, the smaller shop was the great guys over at Newington Gun Exchange.

Just a hunch.

The guys at the Newington Gun Exchange are pretty cool. I like going there and talking with them about the tank. They have a nice, larger store now
 
Hey guys,

So here's the update on this whole situation.

I went down to the gun store, which was Riverview Guns in East Windsor and asked them if they had the gun come in. They said no, and I promptly asked for my money back. The owner came over said fine and gave me my money back. I was fine with this, and that there were no hard feelings (I think we both knew that I knew he was BSing me about the recall and he just sold the gun to someone else.) What I didn't appreciate was the fact that one of their workers came up to my father and I and said that they couldn't sell Rifles to people from Massachusetts anymore, because they apparently sold one to someone who didn't have an LTC in Massachusetts.

After reading this thread and combining it with the knowledge I already had, I could see that this was a blatant lie because as you said, the Massachusetts dictatorship doesn't know that I have the rifle until I register it in Massachusetts.

All in all, I am going to call a couple dealers near my job and near my home to find out who has the rifle available for purchase.

It wasn't a completely busted trip as I went a bit further south to Cabelas and got some ammo.
 
Thanks for the information on this, I occassionally bought reloading components from them but will not give my business. I mostly probably messed up the resale value on a used S&W 586 they sold to me because of that place. I told the gentleman that sold me the gun that I never have owned a gun with bluing and was concerned about upkeep. He and another guy told me it was pretty simple, as long as I keep rubbing the gun down with a Hoppes 9 Lead removing cloth. Obviously, that was the opposite of what you should do and I didn't really figure it out until it was too late. I like that they have a large selection of used guns, but that's about it. Sorry about your poor experience.
 
I deal with Riverview, it is an amazing store!! If you are looking for it, good chance it is down there. Personally, I know the owner, sounds like he did what he had to do to make the situation right. It seems to me we only hear one side of the story and unfortunately a bit too much conjecture for me. I know there are several new employees and young guys at that. No doubt, not proffessional salesmen but learning. I had a little "situation" with one of the employees, wasn't happy, Dave caught wind of it and he was gone... I didn't want to go back there, but in the end, it's one of the best stocked stores in the northeast, the owner is a decent guy and I believe is a fair and honest person.
 
+1 for Riverview Sales, it's owner Dave and props to Chris as well. Great store. Lots of new stuff, and a ton of used stuff. Great prices and great service.
When you go there they are very friendly, and you don't feel like they think they are doing you a favor like some other places. They are usually pretty busy, but I never felt ignored there, again, like some other places.
But yes, they have some new employees that are very young and have a bunch of learning to do yet. But the young guys are very enthusiastic with great attitudes, so it could be worse.
 
+1 as well for Riverview, sorry you had a problem. These guys deal a huge inventory and a mistake is bound to be made. Sucks but. Anyhow you needed a good reason to hit Cabelas anyhow, right?
 
The guys at the Newington Gun Exchange are pretty cool. I like going there and talking with them about the tank. They have a nice, larger store now

Sorry for the hijack, but I've been out of state for a while.

Newington gun has a nicer, larger store?! NGX was already THE BEST GUN STORE EVARRRRRRR (to be limited by ban state BS). Because y'now... gun stores in the south have better guns by default because of the laws.
 
The shop on the Berlin Turnpike with the tank is BMG Guns and Ammo. They are on the opposite side of the highway north of Hoffmans. This past spring they moved 1/8 mile south and are now beside the Army/Navy store. NGX is still in the strip mall over by Main St.
 
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