Question for Oregon FFL

Liberty97045 · Aug 11, 2016

I purchased a shotgun from an FFL in Florida via Gunbroker.com.

I completed the transfer to me with an Oregon FFL.

The gun is an inoperative POS and needs to be returned.

Question, under SB-941 do I have to do a FFL to FFL transfer or can I send it directly back to him?

bolus · Aug 11, 2016

Did you buy from a dealer or an individual? If you are shipping it directly to the FFL then this should apply:

6. May I lawfully ship a firearm directly to an out-of-State licensee, or must I have a licensee in my State ship it to him? May the licensee return the firearm to me, even if the shipment is across State lines?

Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns and other concealable firearms are not mailable through the United States Postal Service and must be shipped via private common or contract carrier (18 U.S.C. § 1715). The USPS and private common or contract carriers may also have additional restrictions on firearms shipments by unlicensed persons. Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient's State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received (18 U.S.C. § 922(a)(2)(A)). An ATF Form 4473 is required for the return of the firearm, except in instances when a firearm is delivered to a licensee for the sole purpose of repair or customizing, and the same firearm or a replacement firearm is returned to the person from whom received (27 CFR § 478.124(a)).

https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

Quartermaster · Aug 11, 2016

Fed Ex it

Liberty97045 · Aug 11, 2016

I know what federal law is, I was wondering if I would run afoul of Oregon's new law or not.

I called BATFE and they said Oregon law only applied to private buyers & sellers.

Rant time. I bought a Stevens 520 for $200 from a dealer in Florida who said it was in "good overall condition"

The breech does not lock as it should so firing would cause the bolt and slide to retract
The follower (the part that you push the first round against as you load the tube) is completely frozen
The loading gate (elevator assembly?) is bent and appears to be out of time
The slide is very difficult to operate
The tube is designed to rotate to allow take down but some jackass used pipe pliers on it & buggered it up
The stock which was advertised as "refinished" but was a stock from a Winchester and will easily rotate at 45'

I spoke to him and he made it my fault for accepting the gun at the FFL. If I send it back to him he will refund my $200 but the $40 shipping plus the return shipping plus the $25 FFL fee is on me. So I will still be out $100 to this D-bag. I paid for this with a Visa and I am tempted to just pull the money back and return the gun.

Boy am I gonna flame his reviews!

Quartermaster · Aug 11, 2016

Leave him poor feedback on gunbroker. If he thinks the FFL he shipped to is at all responsible for guaranteeing HIS product against defect, he's out of his gourd. If you didn't accept the gun from your FFL, what the hell happens then? Puts them in a tight spot, and stresses your relationship with them.

Liberty97045 · Aug 11, 2016

Oregon Quartermaster said:
Leave him poor feedback on gunbroker. If he thinks the FFL he shipped to is at all responsible for guaranteeing HIS product against defect, he's out of his gourd. If you didn't accept the gun from your FFL, what the hell happens then? Puts them in a tight spot, and stresses your relationship with them.

AFTER I get my money back . . .

F2CMaDMaXX · Aug 11, 2016

Certainly pull the money, pull it now, regardless of purchased object, this is item not as described.

Liberty97045 · Aug 11, 2016

F2CMaDMaXX said:
Certainly pull the money, pull it now, regardless of purchased object, this is item not as described.

I sent them an e-mail asking for my total expense of $305 and I will give them a chance to repond

Velzey · Aug 11, 2016

The 520 is designed to be slam fired. You can pump the action and hold the trigger and every round will fire with every pump without releasing the trigger.

I've had several folks think it's broken.

But for $200 thou can find a really nice one, pipe wrench pliers ughh the worst.

Liberty97045 · Aug 14, 2016

Velzey said:
The 520 is designed to be slam fired. You can pump the action and hold the trigger and every round will fire with every pump without releasing the trigger.

I've had several folks think it's broken.

But for $200 thou can find a really nice one, pipe wrench pliers ughh the worst.

That's one reason that I bought it. The other reason is the take down feature. I was going to cut and paint and keep it in the emergency kit. 50 state legal

Liberty97045 · Aug 19, 2016

Once the guy could see what I was talking about he decided that I wasn't trying to scam him and his tone changed. He is refunding me purchase price, shipping and FFL. Assuming that he follows through, he will get a B rating from me.