Oregon SBR transfer issue

[Abigfatdynamo]

That would make sense I guess, if they even put it in there. Just seems like if it came up and they explained it was a screw up, there would be no harm in reversing it and fixing the problem , as long as it wasn't taken off the registry.

I would have loved to get a free rifle out of this but by petitioning to have it removed from the registry they started a paper trail (which I have a copy of). Needless to say it's a blip on someone's radar and I'm not convinced they wouldn't throw me under the bus the minute it jeopardized their business.

 

[Member 53328]

That would make sense I guess, if they even put it in there. Just seems like if it came up and they explained it was a screw up, there would be no harm in reversing it and fixing the problem , as long as it wasn't taken off the registry.

For some reason I don't think the ATF is going to listen/care about the explanation…..

They are just going to burn you.

 

[ScottInPDX]

Just got off the phone with the local branch. They basically said that since the gun was left with them that constitutes possession and there would be no legal way for them to return it to me. So they're basically stuck with a gun that they should not possess and can't transfer. I called the shop and told them to destroy it.

The guy at the ATF branch told me that it boils down to a gun that's registered in my name but no longer in my possession, with all of the legal ramifications that might arise should the gun go missing.

The minute I walked out the door it became unlawful possession. ATF guy said them trying to sweep it under the rug and return it on the DL would muddy the water even further and have big boy consequences should I try and take possession again.

With all of these comments in mind, I would say you definitely need to get something in writing from the ATF saying that you're released from liability/responsibility for this item. The shop has already shown themselves to be incompetent at best, and intentionally shady at worst. I wouldn't trust them to take a loss and dispose of the SBR properly. I don't think a phone conversation is necessarily enough to protect you from consequences down the line if this thing gets resold or transferred.

If they're unwilling to provide that, you'll probably need help from a lawyer.

 

[Knobgoblin]

Bear in mind, lawyers fees could be recouped in a civil lawsuit against the ffl in question. You're probably going out of pocket initially, but restitution is possible.

 

[Flopsweat]

Given the current "zero tolerance" ATF activity, I'm guessing that shop is not long for the world. Sounds like they were trying for a last-ditch under-the-radar fix. It also sounds like you did the exact right thing, and probably the one thing they were most hoping you would not do.