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Is this legal? gun sale

926 Views 5 Replies 4 Participants Last post by  thoricuncle
So lets say there is a pawn shop that took in an sks (with some kind of custom stock). Lets say this pawn shop tagged said sks as an AK and priced it just under $900. Then sold said sks to some idiot that doesn't know there sks from their ak. Lets also say that I can't determine that the pawn shop even knew it was an sks, but hey it's their job to know isn't it? Anyway is doing that legal?

Note: No I do not work for the pawn shop. No I am not the buyer who got ripped off. Just want to find out about it and wanted to know if a potential crime took place.
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...probably no crime took place...somebody probably misheard/misremembered something in conversation...a businessman would hardly pull such a trick on purpose...he'd be sure to find out and lose business...
...when he took the rifle in, he had to put it into his bound book...Manufacturer, model, type, caliber...and I forget what else...
...when he sold the rifle...he had to not only log it out in the bound book but have a 4473, which again has details of description as above...the chance of making a mistake both times is slim...
...he'd also risk the annual audit by ATF catching him making such a gross error...and he doesn't want that...
...MOST clerks/store workers don't listen...they bobblehead to get the customer to buy...caveat emptor...
With an imported firearm that's been modified there's also the 922r compliancy issue to deal with. I severely doubt they have taken that into consideration if they think it's an AK. Hope they've sold it by the time they get a BATFe visit...
...OP stated a custom stock was on it
... 922r says "if a semiautomatic rifle or shotgun is assembled with more than 10 of the following imported parts:" (list follows)
...the 922r "...makes it unlawful to assemble from imported parts..."
...my question is: if the pawnbroker made the mistake on model that OP tells us about, and bought that SKS from an individual, logging it into the bound book, then sold it legally to customer with 4473, wouldn't the ATF go back to the person who sold the rifle to the pawn shop and on back till they found the person who modified the original imported weapon, if it was found that it was assembled with ten of the listed parts and was in violation? the 922r entry doesn't make possession of the altered weapon a crime...
...would they then confiscate the altered rifle from whoever they found had bought it???

...I don't know much about imported military rifles, but they don't look a lot like each other...it's probably a careless mistake...
With an imported firearm that's been modified there's also the 922r compliancy issue to deal with. I severely doubt they have taken that into consideration if they think it's an AK. Hope they've sold it by the time they get a BATFe visit...
I was in a pawn shop and they had a M44 labeled as an SKS.

Buyer beware.
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