Off Roster Gun Purchase

[trampis]

First and foremost this is a fubar of my own fault. I purchased a Kimber Eclipse Custom from a Gunbroker seller thinking it was On Roster but I was mistaken and it's the Custom "II" that's On Roster. I won't go into a rant about wtf is the difference but that's of no difference now.

Payment has been sent and the gun has been shipped to my local FFL. Of course he informs me that it's Off Roster and needs to be shipped back.

I've emailed the seller and no response for 2 days as of today. He's back east in Pennsylvania.

IS THERE ANY WAY FOR ME TO KEEP THIS GUN?

And has anyone else experienced this with Gunbroker and if so, how have you resolved it with the seller?

Thanks~

Mike F.

[LongLiveTheRepublic]

Kinda too late for a refund, the seller did his part of the bargain. Maybe you can sell it to the FFL or resell it out of state.

[kemasa]

You can keep it by moving out of state, becoming a LEO, or becoming a FFL (but it can only remain in inventory).

[G. Freeman]

You're in a pickle. Definitely you cannot dros it. Give the seller some time to respond. You will lose from return shipping and restocking fees at least.

If all else fails, the FFL may be able to sell it to LEO for you. Or u can place an ad for out of state sale but you will have to pay your FFL their fees.

Good luck.

[Milsurp1]

There are a few posts on this. Essentially find an exempt buyer or post it for sale to out of state buyers. I would expect your FFL to charge to ship it to out of state FFL. Consider asking Lock Stock and Barrel in Simi to sell for you.

[kemasa]

First and foremost this is a fubar of my own fault. I purchased a Kimber Eclipse Custom from a Gunbroker seller thinking it was On Roster but I was mistaken and it's the Custom "II" that's On Roster. I won't go into a rant about wtf is the difference but that's of no difference now.

It is CA. Changing the grips, the color, engraving it all makes a gun on the list no longer considered to be on the list. Some day the lawsuit will hopefully toss the law out.

Payment has been sent and the gun has been shipped to my local FFL. Of course he informs me that it's Off Roster and needs to be shipped back.

Shipping back is only an option if the seller accepts it. The seller did what they said, it was your responsibility to ensure that you could transfer it. An out of state seller doesn't know CA law and shouldn't have to.

I've emailed the seller and no response for 2 days as of today. He's back east in Pennsylvania.



IS THERE ANY WAY FOR ME TO KEEP THIS GUN?



And has anyone else experienced this with Gunbroker and if so, how have you resolved it with the seller?

It isn't a matter of resolving it with the seller. The seller may not want to deal with it as is their right. Look at the return policy and see what options they gave you in advance.

If the seller has a no return policy, then you need to arrange to sell/ship the gun out of state or have a CA exempt buyer purchase it, but the FFL who received it is likely to have a concern about a buyer that you find being a straw purchaser.

It can be a costly mistake, but a lesson learned.

[Milsurp1]

Another word of caution. If an exempt buyer in California does buy that gun, I would not under any circumstances buy the gun from him, even well into the future. As Kemasa pointed out, there would always be a suspicion of a straw purchase.

[trampis]

So a LEO can purchase the gun from my FFL (who's currently holding the gun) even though it's not dros'd?

And you are all correct, I would definitely stay away from this gun for myself now.

I'll have to see if the seller is willing to give me a refund (minus $$ for his time and trouble). If not then the other suggestions would have to work.

Is there a time limit for my FFL to be holding onto the gun?

Thanks everyone for all the replies. Yes, a very costly lesson learned for me.

[JTROKS]

I did the same thing a long time ago. I won the auction for a S&W Model 10 without checking which dash model 10 is on the roster. I could’ve done a SA conversion, but the FFL I was talking to wanted an arm and a leg for the transfer and conversion. Short story, the seller had a couple of unkind words for me and this state, but he let me off the hook like a mud sucker.

[Milsurp1]

[kemasa]

So a LEO can purchase the gun from my FFL (who's currently holding the gun) even though it's not dros'd?

Yes, they are exempt from the certified list.

And you are all correct, I would definitely stay away from this gun for myself now.

I'll have to see if the seller is willing to give me a refund (minus $$ for his time and trouble). If not then the other suggestions would have to work.

Is there a time limit for my FFL to be holding onto the gun?

It is completely up to the FFL. Storage charges might apply or they might not want to hold it at all.

Thanks everyone for all the replies. Yes, a very costly lesson learned for me.

[trampis]

Contacted the seller and he was very understanding but he wanted too much to make it worth his while. I contacted my FFL and he's willing to sit on it until he and I can figure something out.

Lesson learned. Stick to Calguns

Any LEO's or out of state peeps out there looking for a Kimber Eclipse Custom 10mm????

[GM4spd]

Feel bad for your situation. This state is so out of it. The “Roster” is about the worst of it. Does nothing to stop or reduce crime but we already know this.

[SkyHawk]

First and foremost this is a fubar of my own fault. I purchased a Kimber Eclipse Custom from a Gunbroker seller thinking it was On Roster but I was mistaken

Tale as old as time. Trying to buy roster guns from out of state isn’t all it’s cracked up to be.

[trampis]

EXACTLY!!!