Private Party Transfer 8 months ago

[faris1984]

If this happen with me I would return the full payment to him because (what goes around comes around)

[laurelpark]

So, the transaction took place 8 months ago, and the guy just now tells you that he's a prohibited person? Seems like the obligation was on the buyer to demand money back the moment he found out that he was prohibited. At that point, you probably would have just done it - in a way where you weren't out of pocket due to his screw up.

Now, there's 8 months of lapse. Most gun shops would charge a storage fee at a bare minimum, and a 20% restocking fee is customary.

Seems like you've already gone above and beyond on this by offering him anything. He's the one that should be staying on top of his purchase.

I would tell him to go pound sand... Send him a check for $650, pick up your gun, and be done with it. Almost certain he will just disappear and you'll never hear from him again.

[AKSOG]

Let him sue you. It should be fun watching him explain why he got denied. Can't imagine a judge would be happy about a felon trying to buy a gun.

This

[stix213]

Assuming you didn't take back possession of the rifle already, I'd just tell him again you'll buy back the rifle for $650 but him trying to buy a rifle when he is prohibited really isn't your problem and you don't intend to help him further.

If you though did take back possession of the rifle 7 months ago you probably should return the full $800.

[JDay]

The deal is done. You have no obligation to refund him and the firearm is likely long gone.

Let him sue you. It should be fun watching him explain why he got denied. Can't imagine a judge would be happy about a felon trying to buy a gun.

And this. He would be admitting to committing a felony in court. Just tell him to file a complaint with the ATF explaining how he committed a federal felony when he falsified answers on the 4473.

[JDay]

since he denied you can keep the money and the gun

The seller has 30 days from the buyers denial to take the firearm back. Otherwise it goes to the sheriff for disposal. It's long gone at this point.

[dozer wright]

I am not sure what kind of lawyer would move a finger for $150. Just tell the guy it is a re-stocking fee. If he doesn't like it, he still can put it on consignment and have the dealer sell it at the market price.

This . I'll work with most people but that is a bit much . I m suprised the Ffl has held on to the firearm . I was in a Gun shop Saturday some one called and asked about ppt . The guy who answered the phone said no It's to big of a pain I bet this is one of those pains .
8 months of storage for the Ar wow . Hope they don't charge rent like some shops

[Cogitoergosum]

The FFL still has the rifle, since he said he had a friend that was going to buy it off of him. Also i always print a spec sheet out on what all the rifle has in terms of parts, and on that form i put "all sales are final, if you fail the background check it is up to you to sell the firearm."

I appreciate the thoughts all. DOJ does say its a civil matter if he wants to take me to court over it.

EDIT: No the ffl does not charge rent and also they keep the firearm and after 1 year the gun becomes property of the FFL dealer. I am technically still the registered owner of the firearm and can take possession of it, since the guy got denied. But he never tried to contact me about getting his money back.

[JDay]

This . I'll work with most people but that is a bit much . I m suprised the Ffl has held on to the firearm . I was in a Gun shop Saturday some one called and asked about ppt . The guy who answered the phone said no It's to big of a pain I bet this is one of those pains .
8 months of storage for the Ar wow . Hope they don't charge rent like some shops

They didn't hold on to it. The law is very specific about what happens when a buyer is denied in a PPT.

28050

(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.
(Added by Stats. 2010, Ch. 711, Sec. 6. Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

[edgerly779]

You should have gotten the ar back immediately if denied. The ffl does not keep it till denial lifted. Something wrong here.

[SomeGuy75]

I'm calling shenanigans on this one. WHERE IS THE AR??? If the sale did not go through, the seller should have got the AR back after 30 days. So did the OP get the AR back AND keep the cash???
Then OP states he would be "willing to buy the gun back form him"...but this would mean the buyer is now the legal owner, and if that is the case, then he did pass DROS and the transaction is complete - end of story.

[sonofeugene]

Lots of unanswered questions make giving good advice impossible.

[Rickrock1]

I did a private party transfer 8 months ago to a guy for an AR15. That guy then got denied on his back ground check and was going to look into it, since it was due to an invalid DMV ID/Driver's License. 8 months has gone by and the guy now wants his full money back. He paid me $800 for the AR15, and normally if it was within a month or so i would be willing to take back the firearm. However this is 8 months later. I offered to pay buy the gun back from him, and noted that the firearm is no longer worth $800 due to saturation of market and time decay, and made an offer of what the firearm now sells for new from factory which is $650 shipped, and he repeated that he wants his full $800.

His dad is apparently a lawyer, and threatened to take the dealer to court thinking the dealer was the one who his son bought the firearm from. Now they are insinuating they want to take legal action to get the money back.

My guess is that he got a felony DUI and "cant have a firearm" as he stated on the phone when i called him. Since they keep throwing out that they want to "take legal action" i almost want to dig in my heels and say screw them, but thats not the kind of person i am either.

I'm curious as to what everyone else thinks on this. I could probably get him his money within a few weeks, but i also feel i have no obligation to buy back the firearm.

I've been working at an FFL dealer for over 8 years and this one really has me stumped as to a fair agreement.

Thanks for any input offered!

You have been working at an FFL dealer for 8 years ??? Tell us the full story here por favor

[SomeGuy75]

The FFL still has the rifle.

So the FFL violated the law? Not your problem.

[JDay]

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=28001-29000&file=28050-28070

28050. (a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915, inclusive, in accordance with this chapter in order to comply with Section 27545. (b) The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. (c) The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540. (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.