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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7415
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Here is a scenario: Somebody purchases an assault rifle

Customer Question

Here is a scenario:
Somebody purchases an assault rifle from a local gun store, then takes the weapon home. Two things happen.
1. It is discovered a few days later that the person purchasing the weapon had an expired Identification Card making the purchase illegal. The gun store "hides" the paperwork and contacts the customer informing them of the circumstances, requesting that the ID problem be remedied so the paperwork can go through.
2. The person who purchased the "new" firearm discovers a number of wear marks and a damaged component. Furthermore, it will not chamber a round; it appears to be a used weapon. Also, at the time of purchase there was a smell of gunpowder; the weapon had been fired. The purchaser was told that it was from factory test firing.
Question: In this scenario, is the person who purchased this firearm in any potential legal trouble?
Question: In this scenario, what would happen to the gun store if the authorities were notified of the above?
Submitted: 4 years ago.
Category: Legal
Expert:  Irwin Law replied 4 years ago.

Question One: Yes, the purchaser might have violated Federal and/or State law by purchasing the gun using an expired ID.

Question Two: Yes. The store that accepted the bad ID, plus sold a used and damaged gun for new might be in danger of loosing it's license.


The parties might agree that the buyer return the gun, get a refund and the paperwork returned and treat the deal as if it never happened.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 4 years ago.

Would the purchaser still be in potential trouble even if it was unknown that the ID was Expired (an honest mistake)? And, what kind of trouble could this person be in e.g. fine, jail...?

Expert:  Irwin Law replied 4 years ago.

I do not have access to those details where I am now, so I will open this up to other experts. Hopefully, someone will be along with an Answer shortly. Please do not send a reply to this because that will return the question to me and delay your Answer.

Expert:  Wendy-Mod replied 4 years ago.

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