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  #1  
Old 09-01-2017, 3:12 PM
1savage99 1savage99 is offline
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Default Can a FFL unwind a sale without any other paperwork?

I bought a Ruger Precison Rifle from a retailer. The purchase price was paid in full and I passed the background check. Now the retailer is simply refusing to release the rifle because of the safety bulletin. I want this rifle and have already got the replacement shroud on order from Ruger.

Can a FFL just tear up the 4473 paperwork and refuse to hand over the rifle once the buyer passes background check/ CA DROS?
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Old 09-01-2017, 4:37 PM
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kemasa kemasa is offline
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If the FFL feels that the firearm is not safe, then they might refuse to transfer it, but they should give you a full refund.

The FFL would have to cancel the DROS. The paperwork still needs to be retained.
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Old 09-01-2017, 5:14 PM
1savage99 1savage99 is offline
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Thanks for the response.

If they didn't complete the transfer then why does the FFL keep the 4473?

How do they simply cancel a DROS that I paid for and is a non-refundable service without the purchasers permission?

The Heinlen quote is perfect for my day.
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Old 09-01-2017, 5:53 PM
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Because it is required by law to keep the 4473.

The FFL logs into the DES, searches for the the DROS based on the number and selects to cancel it. The FFL is in control of it. It does not mean that they don't owe you money.
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Old 09-03-2017, 11:31 AM
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Denied and cancelled 4473/DROS are often looked at in an audit, as they can lead to straw purchases. I once had a gun denied to a guy, then a woman of the same last name bought the same serial number. It took more than a few minutes to explain that they were not related.

As a retailer, if I choose to cancel the sale, I must refund you in full, even your DROS fees.
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Old 09-03-2017, 12:36 PM
1savage99 1savage99 is offline
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Thanks that answers the question.
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Old 09-03-2017, 1:47 PM
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Demand he go through with the sale when you new shroud arrives. Lots of maybes and coulds in their bulletin. Call Ruger and let them know the problem you are having. They have good customer service and would probably have the FFL ship them the gun for updating.

Ruger has issued a Product Safety Bulletin for certain Ruger Precision Rifles due to the potential for interference between the aluminum bolt shroud and the cocking piece. Although only a small percentage of rifles appear to be affected and we are not aware of any injuries, Ruger is firmly committed to safety and is offering replacement aluminum bolt shrouds for affected rifles in order to eliminate the possibility of such interference.

PRODUCTS SUBJECT TO THIS SAFETY BULLETIN

Ruger Precision Rifles (regardless of caliber) that have an aluminum bolt shroud and fall within the following serial number ranges are potentially affected: 1800-26274 to 1800-78345 OR 1801-00506 to 1801-30461 This Safety Bulletin does NOT apply to Ruger Precision Rifles with polymer bolt shrouds.
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Old 09-03-2017, 5:06 PM
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Quote:
Originally Posted by Burbur View Post
As a retailer, if I choose to cancel the sale, I must refund you in full, even your DROS fees.
Not always.

If you determine it to be a straw purchase, you are going to be out money and refund everything?
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Old 09-03-2017, 8:53 PM
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Quote:
Originally Posted by kemasa View Post
Not always.

If you determine it to be a straw purchase, you are going to be out money and refund everything?
Yes. I'll eat 25 bucks rather than listen to someone ***** about it. I should have determined it to be a straw purchase before submitting DROS.

A little more on topic; if I choose not to deliver the Ruger Precision because there is a recall in process, it is my prerogative and not my customers financial burden.
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Old 09-03-2017, 9:55 PM
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Quote:
Originally Posted by Burbur View Post
Yes. I'll eat 25 bucks rather than listen to someone ***** about it. I should have determined it to be a straw purchase before submitting DROS.

A little more on topic; if I choose not to deliver the Ruger Precision because there is a recall in process, it is my prerogative and not my customers financial burden.
You don't always figure it out in advance.

In some cases the FFL should bear the cost, in other cases the customer.
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