Armory Sponsor
Posted: 5/23/2013 9:14:17 AM EDT
| You are a FFL holder and someone orders a gun online and has it shipped to you. They paid for it in full but then fail the background check. What happens? |
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Quoted:
You ask them what they'd like to do - try to return it, or put it on consignment, or anything else you two can agree on. He still owes you for the transfer, and possibly for continued storage now, depending on what agreement you come to. That makes sense. I know what I would do ethically. Legally though is it your property or theirs? |
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Quoted:
Quoted:
You ask them what they'd like to do - try to return it, or put it on consignment, or anything else you two can agree on. He still owes you for the transfer, and possibly for continued storage now, depending on what agreement you come to. That makes sense. I know what I would do ethically. Legally though is it your property or theirs? It's still their property. You're more of a parking lot attendant, or a tow truck driver. They have to pay you to get their property, but you don't own title to it. |
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Quoted:
Quoted:
You ask them what they'd like to do - try to return it, or put it on consignment, or anything else you two can agree on. He still owes you for the transfer, and possibly for continued storage now, depending on what agreement you come to. That makes sense. I know what I would do ethically. Legally though is it your property or theirs? I give the denied buyer the choice of: 1. I sell it online for them and take a commission. 2. They sell it online to someone out of state and I'll ship it to the buyers FFL. All they would pay is my transfer fee. I do not allow local sales due to the possibility of a straw sale. If they appeal the denial, I will hold the firearm until NICS grants the appeal, I do not start charging a storage fee until the appeal is denied or six months. Currently I am storing a $900 Sig............buyer waited five months to file his appeal. He started racking up a $1 per day storage fee last December 1st. I have a feeling he never really filed an appeal. |
| +1 to what has already been mentioned, and our "last straw" policy is that we will turn the gun over to the police/BATFE if the customer wants to be unreasonable about things. It is their property, but they can't legally have it, so that is what the IOI said we could do, rather than holding it forever. |
| I make my policy clear when I sell guns online. I tell them if they fail the NICS they can return the firearm to me, but I will charge a 30% restocking fee. I also tell the receiving FFL to give them the FBI Appeals and Denial brochure if they want to fight the NICS decision. |
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