gun in limbo

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dan_sayers
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gun in limbo

Post by dan_sayers »

Had a dream last night that got me thinking about something I wondered long ago (before I had passed a background check). What happens when you pay for a gun online for example, the seller ships it to a local FFL, but then your background check fails? You paid for the gun. Is it your gun? What are your options at that point? Doesn't apply to me, but I was still curious. Anybody know?
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charles1198
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Post by charles1198 »

That is a strange dream, Dan, but it poses a good question. The FFL, can't release the gun to you, obviously. You could probably have him contact the seller and try to get him to take it back and refund your money, but unless he's stupid, or exceedingly understanding, he won't. In all likelihood, it will sit at the FFLs shop for a long time. The big question, I guess, is whether there is a provision for him to sell it to someone else if you don't/can't pick it up. My guess is there is. Of course, I know absolutely zip (well, not ZIP, but close) about this, so I could be wrong. :wink:
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farblue
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Re: gun in limbo

Post by farblue »

dan_sayers wrote:Had a dream last night that got me thinking about something I wondered long ago (before I had passed a background check). What happens when you pay for a gun online for example, the seller ships it to a local FFL, but then your background check fails? You paid for the gun. Is it your gun? What are your options at that point? Doesn't apply to me, but I was still curious. Anybody know?
Depends on the FFL, I would think. Local FFL has you pay for the gun before he calls in the background check, if they say no, he keeps a "restocking" fee, something like 10 - 15%. It didn't really bug me at first, but I was thinking what would happen if something got screwed up and I was suddenly out $50 (or whatever). I'd be pretty PO'd. They need something along the lines of if you've got a CCL, you get the gun, would save a lot of time, money, and phone calls.
Tither
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Post by Tither »

Good boggle Dan!

This one would drive the gun controllers totally up the wall, but I see no reason that the gun could not be put on consignment then sold to someone who could pass a background check, just as long as it was never transferred to you. The legal transfer of the gun to the store makes it legally theirs, or legally in there charge. Although the National Network News headlines for that day would probably start off saying: dan_sayers America’s number one supplier of illegal guns, so says Mike Bloomburg. :)
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willbird
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Post by willbird »

This is not unheard in the C3 world, guns are paid for, and transf. to the in state dealer before the buyer can file for a form 4 to take posession, at that time the buyer may find out he is ineligible for some reason. It is still the buyers gun, so the dealer would transfer it out to another buyer whom the original owner sells the gun to. I would assume it would be the same deal with a non C3 firearm, this should be decided up front and agreed upon by the buyer and the FFL.

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jabeatty
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Re: gun in limbo

Post by jabeatty »

dan_sayers wrote:Had a dream last night that got me thinking about something I wondered long ago (before I had passed a background check). What happens when you pay for a gun online for example, the seller ships it to a local FFL, but then your background check fails? You paid for the gun. Is it your gun? What are your options at that point? Doesn't apply to me, but I was still curious. Anybody know?
Dan, I think your original question has been answered - mind if I ask one of you? :)

I think I recall hearing from you that you're often faced with NICS delays when you transfer or purchase firearms. (If I've confused you with someone else, please don't take offense.) Have you considered filing a request for a Voluntary Appeal File to be maintained on your behalf? You'd need to submit fingerprints and other identification documents, but in return, you'd receive a PIN to put on the 4473 where your SSN might normally go.

If you're lucky, those "Delayed" responses will be a thing of the past...

Jim
dan_sayers
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Post by dan_sayers »

charles1198 wrote:That is a strange dream, Dan
How then do you feel about it coming true? link I didn't mention it right after I had it because I had a long night of delivery ahead and didn't want to jinx myself. So I post this question and no sooner land a pair of bogus weapons charges :( That's got to impact a background check, eh?
"Moderation in the defense of liberty is no virtue." - Ann Coulter
"Liberalism is part of a religious disorder that demands a belief that life is controllable." - Ann Coulter
By their fruits ye shall know them.
Tither
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Post by Tither »

dan_sayers wrote:Today started off as what was supposed to be a great day. On my way to work, stopped for gas.

In addition to all the advice, I told you so's, etc, I would like to know how this is going to impact my background check for the Glock.
Man Dan! That truly is a nightmare. Here you are a proven law-abiding citizen, passing several background checks, and you are obeying the law and because of our very conscious anti-gunners, you get put into a very serious jackpot. I for one, am totally {inappropriate language} that this happened to you.

A fact that has not escaped me is that, if it has happened to you, it could happen to any of us.
Don't blame me, I voted for McCain
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
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Jronjakoh
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Post by Jronjakoh »

Is it possible to be able to happen though???
I mean Dan had passed acomplete background check,has a legal and bonified CHL. Walks into the gun shop and the FFL says he can't pass a background??? He's standing there holding his CHL which is supposed to be as good as the background check whitch also means he shouldn't have to do the background check at the FFL's.
Maybe a mistake in the way the FFL put the info thru??

REALLY WEIRD DAN!! :roll:
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SMMAssociates
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Post by SMMAssociates »

Dan:

I think that only Felonies, DV convictions, and "assault on a Police Officer" is likely to appear on any background check. I'm not sure what you have to put on the 4473 for misdemeanors that aren't in the above categories.

Shouldn't be any reason to not make it through the check.

OTOH, I think moving out of Toledo might be a good idea. I would get a good lawyer. Or two....

Good luck with this mess....

Regards,
Stu.

(Why write a quick note when you can write a novel?)

(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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Tither
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Post by Tither »

SMMAssociates wrote:Dan: I would get a good lawyer. Or two....

Good luck with this mess....
That is really good advise, and by the way I always enjoy all of your posts. But isn’t that amazing that we have to tell someone who is a proven law-abiding citizen all of his life, or he would have never received the permit, to spend a huge amount of his hard earned money in order to protect the rights, and his good name, that our Founders said were Inalienable?

I’m not talking about the laws that actually protect the police and society, there is a difference, but all that the Liberal inspired gun control laws do is put the good, law-abiding, tax paying citizen in legal and financial jeopardy and make criminals out of an otherwise outstanding citizens.

Man! I hope we as a country get our heads out of our collective butts!
Don't blame me, I voted for McCain
"Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel." -- Patrick Henry
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