MonkeyPunch
Active Member
The gun laws do not supercede contract law.
Since they require payment in full, I would suspect they need to contact you to determine what to do with the gun.
It isn't theirs, they sold it to you.
Of course, since you can't have it, you are motivated to sell it back to them.
All this, unless they specify other terms upon purchase.
My thoughts were that since you are not allowed to take possession, you lack ownership; therefore there is no consideration under the initial contract (purchase), rendering it void.
And what if you "sell it back" to them? As a "motivated" seller, why couldn't they just offer you $1 for it? After all, it's not like you can pick up the gun and take it somewhere else. To be fair, most dealers will only take a small 10% restocking fee, but then the gun is back up for sale.
I guess you could always transfer/sell it to someone else, but unless you transfer it to family (straw purchase?) then it's not like you'll see the gun again anyways.
For the record - State Statutes can supersede Contract Law: for example, the case of Taurus shipping back new guns (with new #s) in replacement for guns sent in under warranty.