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  #1  
Old 01-24-2019, 8:05 PM
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Default 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  
Old 01-24-2019, 8:21 PM
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Quote:
Originally Posted by Swampcrip View Post
The owner is not able to meet me back at Evan's.
Offer him money. Like $100 or more. Sorry, that's all I got.
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  #3  
Old 01-24-2019, 9:15 PM
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Can't it be dros-ed again?
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  #4  
Old 01-24-2019, 9:42 PM
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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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Old 01-24-2019, 9:50 PM
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Just re-dros it. Not sure if seller even needs to be there
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  #6  
Old 01-25-2019, 10:16 AM
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PC says:
Quote:
CA Penal Code § 28050 (2017)

(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.
The dealer needs to surrender it to PD unless they are nice and let you both come reDROS...but if seller doesn't come back they don't have a choice.
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  #7  
Old 01-25-2019, 10:26 AM
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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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  #8  
Old 01-25-2019, 10:28 AM
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Originally Posted by ugimports View Post
If it's a C&R depending on age you can re-DROS from dealer inventory (at different fees) assuming seller releases to dealer.
This is the same idea I had and proposed in the OPs other thread.

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,
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Old 01-25-2019, 10:32 AM
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Quote:
Originally Posted by SkyHawk View Post
This is the same idea I had and proposed in the OPs other thread.

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,
I don't know if there's anything specific. I would accept an email from the seller.

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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  #10  
Old 01-25-2019, 1:30 PM
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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.
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  #11  
Old 01-25-2019, 2:09 PM
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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:
Quote:
If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.
In my example I'm saying that I can legally return it to the seller, but they told me to keep it.

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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  #12  
Old 01-26-2019, 8:24 AM
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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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  #13  
Old 01-26-2019, 10:24 PM
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Default Missed pick up date. What are my options to save a baby browing.

Quote:
Originally Posted by acespawnshop View Post
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.


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..
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Old 01-26-2019, 10:44 PM
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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?
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Last edited by SkyHawk; 01-26-2019 at 10:48 PM..
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  #15  
Old 01-26-2019, 11:48 PM
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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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  #16  
Old 01-30-2019, 4:07 PM
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Quote:
Originally Posted by Cokebottle View Post
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.
I came back to town the day of my pickup but missed it by a few minutes. Since then I have tried to work something out with the seller but havent had any luck. To my knowledge Evan's never contacted the seller to tell him I missed the pick up.
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  #17  
Old 01-31-2019, 9:53 AM
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Quote:
Originally Posted by Swampcrip View Post
I came back to town the day of my pickup but missed it by a few minutes. Since then I have tried to work something out with the seller but havent had any luck. To my knowledge Evan's never contacted the seller to tell him I missed the pick up.
The FFL has the original signed CA PPT DROS, so they can just submit it again.

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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Old 01-31-2019, 9:19 PM
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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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Old 01-31-2019, 9:29 PM
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Bonecutter should rea his own posts. REdros to buyer or return to seller. Buyer dummy to wait this long.
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