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View Full Version : Consignment Sales - News to Me


jgaffney
03-07-2012, 6:41 PM
I couldn't find anything about this with a search of the forum....

I went in to B2 Enterprises, the only gun store in Cotati. I was asking the owner about consignment sales because I'm in the market for a used Citori shotgun. The owner told me that he's not taking in a lot of consignment sales, but he is purchasing used long guns and reselling from his stock. The owner explained that a one-year-old law in California requires that if a gun sits in consignment longer than 60 days, it has to be re-DROSed back to its owner. I said, "What the f...!"

Did I miss this law working its way through the Legislature? I'm on the NRA ILA mailing list and I always respond when a bill regarding firearms is being heard. I've even learned to use an address in a legislator's district when his website rejects non-constituent emails.

What's the truth here?

paintballergb
03-07-2012, 6:47 PM
I have never heard of that, but I also have never bought or tried to sell on consignment.

flyinverted
03-07-2012, 7:17 PM
The property (firearm) while consignment still belongs to the original owner. Therefore, the firearm is on LOAN to the gunshop while it is on consignment.

How long can you legally loan a gun to someone?

CA PC 12078d has that defined for us. I'm reading 30 days here, not 60.

http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/4/s12078

mrdd
03-07-2012, 8:20 PM
PC 27880 is the new section handling 30 day loans between UNLICENSED persons. An FFL is a licensed person, so there is no limit on duration.

strega7
03-07-2012, 8:56 PM
There's a store in Humboldt that does something similar. Any firearm on consignment is entered into the logbook and if the original owner wants it back, DROS. I like the reasoning, if the owner does something that makes them a prohibited person while the firearm is with the gun store and the store simply gives it back......
Think DV. Bad stuff happens, cops take guns from house, but don't know about that other one.
Could just be CYA, not an actual law. Can't blame them.

Springfield45
03-07-2012, 9:07 PM
Instant check would make more sense except we live in PRK.

SVT-40
03-07-2012, 10:47 PM
I couldn't find anything about this with a search of the forum....

I went in to B2 Enterprises, the only gun store in Cotati. I was asking the owner about consignment sales because I'm in the market for a used Citori shotgun. The owner told me that he's not taking in a lot of consignment sales, but he is purchasing used long guns and reselling from his stock. The owner explained that a one-year-old law in California requires that if a gun sits in consignment longer than 60 days, it has to be re-DROSed back to its owner. I said, "What the f...!"

Did I miss this law working its way through the Legislature? I'm on the NRA ILA mailing list and I always respond when a bill regarding firearms is being heard. I've even learned to use an address in a legislator's district when his website rejects non-constituent emails.

What's the truth here?

He's full of BS. I work for a firearms auction company. We have sold over 6,300 firearms which folks have consigned to us for sale. There is no "60" or any day law regarding how long a firearm may be consigned for.

Now if the consignee changes his mind and wants the gun back after he consigns it he must go through the DROS process just like a new sale. Nothing new there.


Sounds to me like he wants to low ball folks who want to consign guns. The usual consignment fee is 20%. Now if he can bluff someone and get the gun for maybe 1/3 what it's worth he can then re-sell it and make 66%.

EOD Guy
03-08-2012, 6:40 AM
It's not new and It's Federal law, not California law, and there is no minimum or maximum time period involved. The Brady law requires that all firearms transfers by a dealer to an unlicensed person must have a background check done on the recipient. In California, that means a DROS must be submitted and a 10 day wait imposed.

There is a exception for firearms being returned from repair or customization. Any other dealer transfer to a Non-FFL require the background check, including consignment and pawn returns.

jgaffney
03-14-2012, 6:34 PM
So, if I park my C&R rifle in his shop, and I have a Class III FFL (C&R), and it doesn't sell, I can take it back without a new DROS?

SilverTauron
03-14-2012, 7:58 PM
I can confirm this is not a phenomenon unique to California.

I had a firearm out for repair that was shipped back to me through a local dealer, who HAD to run a 4473 to release the weapon into my posession. Since I wasn't buying the gun from anybody and only had the firearm sent out for repair I was curious why another Brady check was necessary on a piece I already own. My FFL here in South Dakota said essentially that any gun which is in possession of the dealer cannot be released to the owner without a background check first, regardless of the circumstances of how the FFL came into possession of the firearm.

I don't live in California, so perhaps this may not be required, but I would extrapolate that not only would your DROS process be needed for a consignment return, but anytime one takes possession of a firearm from a licensed dealer. Including repairs and returns which are sent to a dealer for pickup by the owner.What this means in terms of enduring a 10 day waiting period to receive a weapon you already own is a question which will require one of the forum professionals to answer.

Wrangler John
03-15-2012, 6:56 PM
Happened to me also. Put two rifles on consignment at Imbert & Smithers, one sold and one languished. When I picked up the one, I had to pay the DROS fee and wait 10 days. Just part of the new reality, doesn't have anything to do with common sense, but I feel safer knowing that criminals aren't getting away with consignment sale trickery. :rolleyes:

vincewarde
03-15-2012, 9:31 PM
Could just be CYA, not an actual law. Can't blame them.

I agree - I would hate to have something bad happen involving a gun that I returned to someone without a background check. I think if that ever happened they would find a way to nail the dealer.

vincewarde
03-15-2012, 9:39 PM
So, if I park my C&R rifle in his shop, and I have a Class III FFL (C&R), and it doesn't sell, I can take it back without a new DROS?

Interesting question. If it is over 50 years old and a long gun, private parties can transfer face to face but dealer means DROS. If this is strictly a Federal requirement, then a C&R would cover it. If there is a parallel state requirement, I would think it would not.

GOEX FFF
03-15-2012, 11:31 PM
So, if I park my C&R rifle in his shop, and I have a Class III FFL (C&R), and it doesn't sell, I can take it back without a new DROS?

Sorry to get technical, (but that's what we do right? :) ) Its not a "Class 3" FFL.
It's a "Type 03" FFL.

;)

Liberty1
03-16-2012, 12:03 AM
I agree - I would hate to have something bad happen involving a gun that I returned to someone without a background check.

Because we know it's through background checks forced on private businesses that the Gov keeps firearms away from real dangerous persons like Martha Stewart and individuals with expired drivers licenses.

I'll have to question my next 211 suspect better to find out who his dirty FFL is!

Sorry this was not so much directed at you as to what we have allowed .Gov security theatre to become.