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Unread 10-24-2004, 05:04 PM   #7
Malcolm P.
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Just an additional note, I am an attorney. Given that it is priced as an original mint condition Navy and not as a restored piece, knowingly selling one with such a misrepresentation can be considered fraud. Throw in use of wire (e.g. the Internet) and mail fraud (payment and shipping) on top of that...and you are looking at potentially very serious felony charges.

I know I am probably preaching to the choir, but since all of us on occasion do sell guns, we should all remember that being honest is a requirement of the law and not just desireable ethical behavior as collector or seller. Carrying out a $3000 fraud over the Internet is more than a bit different from an almost anonymous cash transaction at a gun show. It is a growing problem, with increasing prosecution, not to mention lawsuits. Ask Ebay how many of their fraudulent vendors are being prosecuted or sued. If you choose to engage in "a policy called 'careful omission'" you may end up in jail with permanent loss of firearm ownership rights. In other words, a bit of "puffing" - an optimistic statement of condition - to get an extra couple of hundred on the deal is one thing, but lying and misrepresentation for $3000 is quite another. One is clear fraud; the other is not. If the issue is pressed, the seller of this Luger may be in serious trouble. I can virtually assure you that any judge and jury will not be impressed by a claim of "he never asked." If the seller had it restored, he darn well better disclose or price it accordingly.
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