Hi folks,
New here, on Bladeforums but "old fox" on another knives forums ( J****** ). After I saw many posts here about Paypal ( goods vs gift ) and knives transactions, let me to tell my worst story. I found a Godfather for sale. A badass knife, too beauty to not be buyed. The "only problem" it was that the seller was not located in the US. In my point of view was not a problem that, because I trusted Paypal too many times before. Short emails exchange with the seller, evertyhing was fixed, payment by Paypal goods ( not gift option ). Seller confirm me that money was received and will start the shipping. Because was a international delivery ( a DHL, UPS delivery ) with tracking number was over 100 bucks, I preffered postal service without tracking. (In my mind was, if something happend, the seller will lose the dispute and not me , without tracking number ). I wait 10 days , 20 days , 30 days...nothing. No money, no knife. How come?
I wrote again to the seller, he confirmed that package was sent in the same day with my payment.
Now start my bad experience. First step, I read as much information as the board profile. Because was my first package who dont arrive at me. My first impulse was to ask refund from Paypal that my package did not arrive. But my sister is married to a lawyer in San Diego. Because we live in the same state (CA), the laws are the same. I called and I told him what had happened. To my dismay, he started laughing and told me briefly "It was a bad experience, forget it"
Wtf?!?! He laughs because I lost money?
The issue brief is as follows:
1. Because I wanted to buy a automatic knife, and the seller was located outside US, first must be respected federal laws, and not CA laws.
Federal law : 15 U.S. Code § 1242 Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
15 U.S. Code § 1243 Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
When I paid and I decided to be delivered in CA, US, I am already guilty of "INTRODUCTION INTO". It's like I was abroad and come back with a knife in the bag.
CA laws prohibits possession of automatic knives over 2" ( CA penal code 21510 ). Naturally the chances of a cop coming onto your property and finding the knife on you is very unlikely. If you dont carry out, will not a problem to keep.
Know how the feds don't care that when people sell them between states even though it's illegal? Yeah, they care when you import them, because imports are not protected by mail privacy laws. This is what got a lot of US based companies in trouble in past years. And there is a very real possibility it will be intercepted by US customs. Not 100%, but a distinct possibility and you would face charges if this happened.
In my mind was: I have not received the parcel, so what happens? My sister's husband, told me that there is no clear rule that custom to send at your home a paper who inform you that the package was seized. Some of them,like the knives, especially the expensive ones. If you go to the police, and clearly tell the story, it is as you say "I passed a red light. What are you waiting? Do not get me fined?"
If the package is large, you can be sure that the Feds will be at your door the next day. But for a "small" knife very good for collection, who will bother to waste time?
2. Time to start a dispute with Paypal for goods not supplied. But Paypal have a problem with "automatic knives" and federal laws. Also with postal laws. This is the reason for why many dealers don`t use Paypal in their websites. I can lie when start dispute with the seller. But when he will send the emails between us to Paypal, my account will be suspended, because PayPal will not cover the amount if your package get caught because you will be facing federal charges. ( the chances are 100% if feds will come at your door ). Also many people use in the last years , undercover accounts ( sealth ) to protect main PP account.
3. Start a chargeback with the credit company. They will contact Paypal to ask more more details , Paypal will contact the seller etc etc . If I try to lie them, I will choose with "bad credit report" because I try to lie or because I tried to broke the law.
Is there anyone on this forum who could recover the money from Paypal? I refer to transactions involving automatic knives, bali`s etc etc. And those that do not violate any law (Paypal TOS , Federal Laws etc).
My sister's husband is a very good lawyer in criminal law. He told me that if no one comes to my door, stay calm and be happy that I lost a few hundred dollars. There is no point burning me, and give huge trouble with the law. Because after I will be sorry. My pride is really great, but I do not know what I can do in this situation. Someone has happened to that?
New here, on Bladeforums but "old fox" on another knives forums ( J****** ). After I saw many posts here about Paypal ( goods vs gift ) and knives transactions, let me to tell my worst story. I found a Godfather for sale. A badass knife, too beauty to not be buyed. The "only problem" it was that the seller was not located in the US. In my point of view was not a problem that, because I trusted Paypal too many times before. Short emails exchange with the seller, evertyhing was fixed, payment by Paypal goods ( not gift option ). Seller confirm me that money was received and will start the shipping. Because was a international delivery ( a DHL, UPS delivery ) with tracking number was over 100 bucks, I preffered postal service without tracking. (In my mind was, if something happend, the seller will lose the dispute and not me , without tracking number ). I wait 10 days , 20 days , 30 days...nothing. No money, no knife. How come?
I wrote again to the seller, he confirmed that package was sent in the same day with my payment.
Now start my bad experience. First step, I read as much information as the board profile. Because was my first package who dont arrive at me. My first impulse was to ask refund from Paypal that my package did not arrive. But my sister is married to a lawyer in San Diego. Because we live in the same state (CA), the laws are the same. I called and I told him what had happened. To my dismay, he started laughing and told me briefly "It was a bad experience, forget it"
Wtf?!?! He laughs because I lost money?
The issue brief is as follows:
1. Because I wanted to buy a automatic knife, and the seller was located outside US, first must be respected federal laws, and not CA laws.
Federal law : 15 U.S. Code § 1242 Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
15 U.S. Code § 1243 Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
When I paid and I decided to be delivered in CA, US, I am already guilty of "INTRODUCTION INTO". It's like I was abroad and come back with a knife in the bag.
CA laws prohibits possession of automatic knives over 2" ( CA penal code 21510 ). Naturally the chances of a cop coming onto your property and finding the knife on you is very unlikely. If you dont carry out, will not a problem to keep.
Know how the feds don't care that when people sell them between states even though it's illegal? Yeah, they care when you import them, because imports are not protected by mail privacy laws. This is what got a lot of US based companies in trouble in past years. And there is a very real possibility it will be intercepted by US customs. Not 100%, but a distinct possibility and you would face charges if this happened.
In my mind was: I have not received the parcel, so what happens? My sister's husband, told me that there is no clear rule that custom to send at your home a paper who inform you that the package was seized. Some of them,like the knives, especially the expensive ones. If you go to the police, and clearly tell the story, it is as you say "I passed a red light. What are you waiting? Do not get me fined?"
If the package is large, you can be sure that the Feds will be at your door the next day. But for a "small" knife very good for collection, who will bother to waste time?
2. Time to start a dispute with Paypal for goods not supplied. But Paypal have a problem with "automatic knives" and federal laws. Also with postal laws. This is the reason for why many dealers don`t use Paypal in their websites. I can lie when start dispute with the seller. But when he will send the emails between us to Paypal, my account will be suspended, because PayPal will not cover the amount if your package get caught because you will be facing federal charges. ( the chances are 100% if feds will come at your door ). Also many people use in the last years , undercover accounts ( sealth ) to protect main PP account.
3. Start a chargeback with the credit company. They will contact Paypal to ask more more details , Paypal will contact the seller etc etc . If I try to lie them, I will choose with "bad credit report" because I try to lie or because I tried to broke the law.
Is there anyone on this forum who could recover the money from Paypal? I refer to transactions involving automatic knives, bali`s etc etc. And those that do not violate any law (Paypal TOS , Federal Laws etc).
My sister's husband is a very good lawyer in criminal law. He told me that if no one comes to my door, stay calm and be happy that I lost a few hundred dollars. There is no point burning me, and give huge trouble with the law. Because after I will be sorry. My pride is really great, but I do not know what I can do in this situation. Someone has happened to that?
