Originally Posted by Truckman

I can only guess at that, Kevin...Some of the compliance inspectors I've known seem to be on individual power trips, trying to make a name to move up the ladder...Others just want to do their jobs, assure compliance with the laws and rules...The code governing the behavior of FFL's is so complex, and sometimes contradictory, that no one person can possibly know or comprehend the intent of all...

At one time I knew an inspector from the Houston office whom I could and did call to get interpretations on vague rules...After a time, he began to call me for my opinion of interpretations since he became convinced that I dealt on the up and up...Some of our most spirited discussions involved PLR's (Private Letter Ruling) in which an FFL would write a letter to the ATF concerning a point of law, receive an answer, and the letter exchange became a defacto ruling applied to all FFL's under a certain circumstance...

in the case of the subject of this thread, if the buyer gets no satisfaction from the dealer, and consequently presents the case to his local ATF office, it's almost guaranteed the gun would be confiscated as contraband...My guess is that no action would be taken against the buyer who acted in good faith, and willingly took the gun to the ATF for counsel and advice...

However, the seedy FFL would almost certainly become the subject of a thorough investigation in which he would be examined in every orifice for more infractions...Depending then on results of the investigation, the FFL could face a heavy fine, suspension or loss of license and possibly criminal charges...The FFL would have to be a total moron to deny the buyer a complete refund rather than face the kind of hell the ATF can put him through...

My advice to our member here, the buyer, would be arrange a meeting with the licensee of this gunshop, not just a counterman, tell his story and ask for a complete refund of his money...Unless the licensee is a low-grade moron, he'll get it...If not, my next stop would be the local ATF office...There the worst he could likely expect, since he is voluntarily presenting the evidence, would be the loss of the firearm...That itself is more favorable than being found in a situation in the future holding a defaced gun...He could also sue the licensee in small claims court for the loss......Ben