....First, #6a I suggested above - have the FFL hold the gun until the funds arrived in his shop, then return the gun, would have been a very appropriate path. Instead, you shipped the gun without getting money in hand...
This one's a head scratcher. Where's the teeth. All that happens is it sits with the dealer, maybe forever. I suppose there's the satisfaction that the original seller doesn't get it either.
Not necessarily. If the scammer doesn't send the money, then after some "commercially reasonable" time, you have the FFL sell it.
If you don't get all your money back from the scammer, you do get some of it back and the satisfaction of knowing that the scammer would never have been able to walk over to Cabelas and sell the same gun a second time. Moreover, if the scammer didn't agree to undo the deal, if you were to sue the scammer you would only be entitled as damages (in many states) to the difference between the sale price to the scammer and the actual market value (had it been accurately described), plus incidentals like the costs of selling it and storing it at the FFL, etc. So, the prudent course would be to keep it until he sent you the money, let him know you were doing that and would only keep it for a defined length of time ("commercially reasonable" - to my eye, 90 days looks good) and then would feel free to both sell it and come after him (legally) without further warning, and it would do everyone well - in time, trouble and money - if he were to come up with the cash and undo the scam.
Once you let it out of your hands (or control, in your FFL's shop), you lose all leverage and are at the mercy of the good will of a person who has proven - on you - that he is a scammer.
And, yes, I do that lawyer thing. Pays the rent and the ammo bills.
