The focal point for Texas firearms information and discussions
https://texaschlforum.com/
Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
Not to mention they had sold him a pistol without giving it to him.Funny - when working retail we were told those were the magic words to ask the customer to leave the premises as we were done dealing with them. We would speak to their legal counsel from there on out.The Annoyed Man wrote:One time I actually did load a few rounds of .40 into a .45 magazine, but discovered the error after having loaded 2-3 rounds and never tried to fire it.
I was at Bass Pro Shop in Grapevine one time about 7 or 8 years ago and witnessed the following: there was a guy sitting on a bench next to the sales counter at the BPS gun range, and he was plenty PO'd. It seems that he had purchased a 9mm Glock and a box of 9mm ammo for it and then took it into the range to shoot it. The problem was that he purchased a 9mm (said so on the receipt), but the sales clerk handed him a boxed .40 cal. I don't know if BPS had mistakenly put a .40 in a 9mm box at some point, or if the clerk had simply handed him the wrong boxed gun, but it ended up with him trying to shoot 9mm ammo in a .40 cal gun. The gun actually did fire the 9mm round, but the case was all belled out, just like the one on the left below:
The customer rightfully demanded that they give him the correct 9mm pistol, but sales clerk tried to deny responsibility for the incorrect sale and said they couldn't take the gun back because it had been fired. The customer rightfully demanded to see the store manager. The manager arrived, and HE started to try and evade responsibility and refuse to take the fired gun back in exchange for the correct gun. That's when the customer got out his cellphone and said "fine, hang on a minute here and I'll just call my lawyer" ......which appeared to be the magic words. All of a sudden the manager allowed that the store was responsible, and they brought the guy a correct 9mm gun and he went on his way.
I think we have 3 crimes committed by the retail establishment.Javier730 wrote:Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
I bet they did give him a background check for it - the whole paperwork probably reflected the wrong gun, S/N and all.Flightmare wrote:I think we have 3 crimes committed by the retail establishment.Javier730 wrote:Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
Fraud: Sold him a 9mm, and gave him a .40
Theft: He did not take possession of the 9mm he gave them money for until he threatened to call his lawyer.
And as Javier730 pointed out, gave him a .40 without a background check for it.
Apparently it is. Nobody is big enough to admit they made a booboo an longer.AndyC wrote:Is it really so hard nowadays to say "Whoops, we messed up"?
Would he have justification for deadly force to get his 9mm?Flightmare wrote:I think we have 3 crimes committed by the retail establishment.Javier730 wrote:Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
Fraud: Sold him a 9mm, and gave him a .40
Theft: He did not take possession of the 9mm he gave them money for until he threatened to call his lawyer.
And as Javier730 pointed out, gave him a .40 without a background check for it.
Only if it was nighttime.ScottDLS wrote:Would he have justification for deadly force to get his 9mm?Flightmare wrote:I think we have 3 crimes committed by the retail establishment.Javier730 wrote:Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
Fraud: Sold him a 9mm, and gave him a .40
Theft: He did not take possession of the 9mm he gave them money for until he threatened to call his lawyer.
And as Javier730 pointed out, gave him a .40 without a background check for it.
Yes. Admitting liability in this litigious society? Mortal sin.AndyC wrote:Is it really so hard nowadays to say "Whoops, we messed up"?
I really wasn't going to question although I had suspectedScottDLS wrote:My near vision is terrible and I wasn't wearing readers under my goggles...Anyway, that's my story...
The customer did the store a huge favor by staying there and talking to them. If he had left the premises with a gun for which there was no background check (presuming that the paperwork reflected the 9mm S/N), and without the gun that he had paid for and which was reflected on the paperwork, then I believe the store would have been in far worse shape. Hopefully the manager threw in a gift card or something as a thank you to the customer.Flightmare wrote:I think we have 3 crimes committed by the retail establishment.Javier730 wrote:Jago668 wrote:Should have threatened to call the ATF. "Yes these gentlemen just sold me this gun without a background check." ATF looks and sure enough there is a .40 missing and in a customers hand with no receipt and no 4473. Far more effective than a lawyer.
Fraud: Sold him a 9mm, and gave him a .40
Theft: He did not take possession of the 9mm he gave them money for until he threatened to call his lawyer.
And as Javier730 pointed out, gave him a .40 without a background check for it.
