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FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
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Missed pick up date. What are my options to save a baby browing.
I was suggested to see if this forum could help out.
So I'll summarize this the best I can. I bought a baby browning from a member here. He has his C&R license I do not. Transfer was done at Evan's in orange. Shortly after the transfer I got news my grandmother was sick and i flew to WA to be with family. She ended up passing away after a few weeks in the hospital. I then drove home some family heirlooms back to socal. I drove straight to Evan's from WA but missed my pick up by literal minutes. The owner is not able to meet me back at Evan's. I am less worried about the money but that the gun will be turned in to the police department. Do I have any options here to save the baby browning? Thanks.
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#2
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Offer him money. Like $100 or more. Sorry, that's all I got.
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#4
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The FFL dealer can re-submit the DROS. Offer the seller some gas money to help facilitate it if necessary. FFL’s who have personally processed this type of situation can add more detail.
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#6
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PC says:
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#7
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If it's a C&R depending on age you can re-DROS from dealer inventory (at different fees) assuming seller releases to dealer. In order to re-do the actual PPT part of it the FFL needs the seller's signature.
I think some FFLs have been told they can just re-run DROS as a PPT again and keep the old DROS with new, but I've never done that. Once the 30 days lapse the old DROS gets canceled.
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UG Imports - Fremont, CA FFL - Transfers, New Gun Sales Closure Schedule: http://ugimports.com/closed web: http://ugimports.com/calguns / email: sales@ugimports.com phone: (510) 371-GUNS (4867) Crowdsourced 2A Calendar I AM THE MAJORITY!!! Amazon Links Posted May be Paid Links |
#8
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So what are the options for the seller to release it to the dealer? Can the seller just send a fax or email or ?? Thanks, |
#9
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From the PC standpoint it's to be returned to seller or PD. But if I contacted the seller and they said it was ok for me to keep rather than give back to them then I would do that and keep their communication for my records.
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UG Imports - Fremont, CA FFL - Transfers, New Gun Sales Closure Schedule: http://ugimports.com/closed web: http://ugimports.com/calguns / email: sales@ugimports.com phone: (510) 371-GUNS (4867) Crowdsourced 2A Calendar I AM THE MAJORITY!!! Amazon Links Posted May be Paid Links |
#10
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The PC is clear that the FFL's only involvement is to facilitate the transfer.
Seller to Buyer....if you can't Back to Seller....if you can't Deliver to PD Not following that is a misdemeanor . That said DOJ has told me before if both parties come back and want to submit a new PPT I can. Since I'm "Giving it back to the seller but its not leaving the store no background check needs to be done" If the Seller comes back to pick up only, call them for a NICS number. I was told to not run another PPT without the seller present. This is the worst part of PPT's is when people don't pick up. Thankfully I've never had to give to a PD. |
#11
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What isn't clear is if you contact seller to return it and they tell you that you can have it; if that is ok. The PC you quoted does say:
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It hasn't happened to me yet because the few times this has happened (non-pickup) the seller's just came back for it or came back to re-DROS with buyer.
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UG Imports - Fremont, CA FFL - Transfers, New Gun Sales Closure Schedule: http://ugimports.com/closed web: http://ugimports.com/calguns / email: sales@ugimports.com phone: (510) 371-GUNS (4867) Crowdsourced 2A Calendar I AM THE MAJORITY!!! Amazon Links Posted May be Paid Links |
#12
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I disagree with Bone. It says if you cant Legally deliver it. You can still legally deliver it by doing another DROS. This would be in the case of denials or rejections where the Seller is not willing to come back and pick it up.
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Interstate Transfers $100 (DROS included with the price) Email acesjewelryandloan@hotmail.com if you need us to do a transfer! Or call 626-968-5900 Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here! |
#13
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Missed pick up date. What are my options to save a baby browing.
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This is what we are talking about. The seller is not willing to come back. When the buyer waits more than 30 days you can not legally deliver the firearm. At that point it should go back to the seller. If the seller doesn’t come back you can not legally deliver to them and it should go to PD. I’m not a lawyer... just reading the PC to the best of my ability. I’m sure others interpretation may differ. Never gave a gun to a PD but uses this threat and PC to get buyer and seller back in ASAP. I have no interest in being civilly or criminally liable over the $10.00 I made on the transaction. Last edited by BONECUTTER; 01-26-2019 at 10:32 PM.. |
#14
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What if the seller had done a DROS worksheet instead? Couldn’t that original worksheet be used to start a new DROS?
Asked another way - if a seller comes in to consign with you and a DROS worksheet is used, are you going to ask the seller to come back and do it all again if something goes wrong with a DROS or a buyer? And so if a signed DROS worksheet is good for multiple DROS attempts, then why isn’t the original signed DROS by the seller good enough to start another DROS, especially to the same buyer? Last edited by SkyHawk; 01-26-2019 at 10:48 PM.. |
#15
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Not sure if the length of the delay makes any difference on the FFL end, but what could certainly be a factor on the seller's end is that it appears that this transaction was conducted last March.
I'm curious how and why the FFL was able to keep it on the books for that long. This isn't a matter of the OP missing the cutoff by a couple of weeks, seems he was out of town (understandably) for an extended period. Worst case, since the C&R is roster-exempt, could the FFL not process it through as a "dealer transfer"? It would cost a few bucks for the FFL transfer fee in addition to the re-DROS, but it's an option that doesn't require the seller to be present.
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- Rich |
#16
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#17
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For the FFL to keep the firearm is a violation of the law as they have to turn it over to the seller or the police if it was done as a CA PPT.
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Kemasa. False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse. Don't tell someone to read the rules he wrote or tell him that he is wrong. Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein |
#18
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Ultimately, you might have a suit arising from a 5th Amendment violation for taking property without compensation. I do not think the issue has been litigated in this context, post Heller.
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Never argue with a fool, onlookers may not be able to tell the difference. Mark Twain "One argues to a judge, one does not argue with a judge." Me "Never argue unless you are getting paid." CDAA "I learned long ago, never to wrestle with a pig. You get dirty, and besides, the pig likes it." George Bernard Shaw |
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