Q: The following occurred on 9/12/17-9/13/2017. We wanted to make sure we handled it correctly. In looking over paperwork, Heather brought 4473 #7044 to my attention with questions. She was double checking that all the customer information in the POS was up-to-date, and noticed that we didn?t have info on the customer who completed the form ? Edison Duchaine. In checking that, she looked up the sale for that customer and noticed an ambiguous note. After some digging, it appears that Patrick Kuhlman put a used S&W M&P9 Shield on layaway on 8/20/17. An original deposit of $100 and subsequent cash payments totaling another $130 were made between then and 9/2/17 under Kuhlman?s name toward that layaway purchase. On 9/9/17, Mr. Edison Duchaine came in wanting to pay off the remainder of his friend?s layaway ($67.83) and to give the gun to his friend as a gift. According to Justin, he and Jon had the customer read the 4473 description of a bona fide gift. I think because layaway payments had been made over time, Justin and Jon did not realize who had paid the original $230. They all (Justin, Jon & Duchaine) decided it fell under the gift category and OK?d it. I also believe the customer did not fully understand the fine print. In his honest appraisal, the gun was a gift. I (Wendy) understand that same ?fine print? to leave open the possibility that if someone pays for any part of a gun purchase, it is not entirely a gift. Because I wasn?t present for the transactions, I tried to clarify the situation by calling Kuhlman and Duchaine (no voicemail set up) and was only able to reach Kuhlman by phone. Kuhlman stated that he himself made all the initial payments totaling $230, and that his friend Duchaine came in and made the final payment of $67.83. The background check was done on Duchaine, and Kuhlman was not present at that time. I explained to him (Kuhlman) that since he paid for part of the purchase, it really wasn?t entirely a gift from his friend (Duchaine). Instead, his friend merely gifted him $67.83 toward his layaway purchase. I explained to Kuhlman that since the firearm wasn?t entirely a gift for Kuhlman, that Kuhlman needed to bring the firearm back to us so that we could do a background check on Kuhlman. He stated that he would be able to do that the next day ? Sept. 13. I confirmed that his driver?s license is up-to-date and that he would bring it with him along with the firearm. Both gentleman came in on Sept. 13 with the firearm, and a background check was conducted on Mr. Kuhlman (4473 #7053), and we did receive a ?proceed?. We logged the gun back into our A&D from Kuhlman and back out to Kuhlman.
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