What if DROS is denied?

[HawkMan]

Correct me if I'm wrong, this is my understanding of the firearm purchase process:
1) Purchase Firearm
2) Fill out DROS
3) Background Check is Ran
4) Wait 10 Days & Find out if you were Denied or not

My questions is, what happens if you are denied? Does a refund have to be issued or did you basically just lose your money?

The reason I ask is because I want to purchase a handgun through a private party transfer, but if I'm denied, what happens from there?

[Sapperforward]

Well, if it's private party than any arrangements you make with the seller would apply as far as refunds go. Usually the seller would refund you your money in full or maybe want you to cover their gas. Plus you would be out your private party transfer fee as well as your DROS fee. Those fees are non refundable.

If you get denied the seller will be contacted by the FFL that your DROS was denied and they need to pick up their weapon. At that point it's between you and the seller to handle your money matters.

If you were to purchase the firearm from a gun store and you were denied those stores usually have a written policy. Generally it's something like a restocking fee of some sort deducted from the refund amount. Again, you would be out of your DROS fee.

[HawkMan]

Well, if it's private party than any arrangements you make with the seller would apply as far as refunds go. Usually the seller would refund you your money in full or maybe want you to cover their gas. Plus you would be out your private party transfer fee as well as your DROS fee. Those fees are non refundable.

If you get denied the seller will be contacted by the FFL that your DROS was denied and they need to pick up their weapon. At that point it's between you and the seller to handle your money matters.

If you were to purchase the firearm from a gun store and you were denied those stores usually have a written policy. Generally it's something like a restocking fee of some sort deducted from the refund amount. Again, you would be out of your DROS fee.

Okay, great. Thank you for that information.
It's probably best to have a written sale agreement and the different terms to prevent any type of dispute.

[six seven tango]

If your that concerned, you can always run a PFEC (Personal Firearms Eligibility Check)

[M1NM]

If you think there is something in your past that will get you denied run your background first. If you are denied the gun can go back to the seller - it's up to you to work with him about getting some/all of your money back. He doesn't have to pick it up from the dealer - in that case the gun goes to the local PD and you are out 100%. My stance is I sold the gun and got my money I'm done with the deal work out your own problems to reverse the denial.

[Sapperforward]

If you think there is something in your past that will get you denied run your background first. If you are denied the gun can go back to the seller - it's up to you to work with him about getting some/all of your money back. He doesn't have to pick it up from the dealer - in that case the gun goes to the local PD and you are out 100%. My stance is I sold the gun and got my money I'm done with the deal work out your own problems to reverse the denial.

Yes OP, make sure you never do business with this guy^^^^^^^. LOL

[HawkMan]

If your that concerned, you can always run a PFEC (Personal Firearms Eligibility Check)

I have that filled out and was going to send it today, but there were no notaries working at any of my banks today, so I'm hopefully going to do that tomorrow.

[HawkMan]

Yes OP, make sure you never do business with this guy^^^^^^^. LOL

This is where a NOLO Sale Agreement comes in very handy

[SkyHawk]

If I am the seller, expect more than having to cover my gas. Expect to cover my time dealing with another round trip drive and paperwork hassles, having to relist my gun, and then do it all over again with another buyer. You have basically just wasted hours of my life and two complete round trips. And this is why I will never travel far from home as the seller, unless you are rock solid.

If you aren't 100% dead nuts certain you will pass the DROS, you have no business trying a PPT. And if you do and don't pass, don't expect me/seller to bail you out for free. I have better stuff to do than hassle with your legal dilemma and entertain you in your firearm purchase experiments. My time is valuable, and I take a dim view of anyone who would expect me to work for them for free.

I'll say it again - you have no business trying a PPT unless you are 100% as certain as a person can be that you will pass DROS, unless you are willing to pay handsomely for the seller's time and trouble to find out you wont pass.

[RickD427]

If I am the seller, expect more than having to cover my gas. Expect to cover my time dealing with another round trip drive and paperwork hassles, having to relist my gun, and then do it all over again with another buyer. You have basically just wasted hours of my life and two complete round trips. And this is why I will never travel far from home as the seller, unless you are rock solid.

If you aren't 100% dead nuts certain you will pass the DROS, you have no business trying a PPT. And if you do and don't pass, don't expect me/seller to bail you out for free. I have better stuff to do than hassle with your legal dilemma and entertain you in your firearm purchase experiments. My time is valuable, and I take a dim view of anyone who would expect me to work for them for free.

I'll say it again - you have no business trying a PPT unless you are 100% as certain as a person can be that you will pass DROS, unless you are willing to pay handsomely for the seller's time and trouble to find out you wont pass.

Skyhawk,

How can anyone possibly be 100% certain that they will pass DROS?

A fine upstanding citizen, never having been arrested, never having been committed, and for sake of my example never even had been tardy in school, can still find themselves delayed or denied in DROS based on a erroneous name match in DOJ records.

[SkyHawk]

Skyhawk,

How can anyone possibly be 100% certain that they will pass DROS?

A fine upstanding citizen, never having been arrested, never having been committed, and for sake of my example never even had been tardy in school, can still find themselves delayed or denied in DROS based on a erroneous name match in DOJ records.

I hear what you're saying. But I'm saying be as 100% sure as a person can be. That means you don't make your first firearm purchase ever, from a private party - unless you are willing to compensate them if it goes off the rails. That is all I am saying. Don't give me purchase agreement or NOLO BS. I will tear it up right in your face.

If your first firearm purchase is a PPT and you do not pass, and you are on paper for anything, or your name is John Doe, I'm not a happy camper that you used me as your DROS experiment. If you want one of my off roster unicorns, be sure that you pass DROS on a regular basis. That is all I am saying. I have plenty of solid buyers lined up, guys who buy guns all the time - don't be that guy who has no idea if he will pass.

My advice is always this: don't make your first or even second purchase a PPT, and if you do, don't expect a 100% refund, and don't expect 'gas money' to be enough to make it all good. It won't be, not even close. A failed PPT is an epic hassle for the seller. The PPT process is BS enough when it goes right, compared to free states. I have spent more than an hour in some FFLs doing them. It is a clusterfark on another level when it goes wrong. Some dealers will make the seller DROS it back to themselves, proper or not. That means three round trips, and a DROS fee.

If you are not sure, do a PFEC at least, and/or then buy something from dealer inventory. Hopefully OP has the information he was looking for now.

[Librarian]

Changed course into buyer/seller expectations and obligations, so moved.

[CALI-gula]

Correct me if I'm wrong, this is my understanding of the firearm purchase process:
1) Purchase Firearm
2) Fill out DROS
3) Background Check is Ran
4) Wait 10 Days & Find out if you were Denied or not

You forgot: 5) Lube.

Plenty of lube. Plenty.

.

[ifilef]

If you think there is something in your past that will get you denied run your background first. If you are denied the gun can go back to the seller - it's up to you to work with him about getting some/all of your money back. He doesn't have to pick it up from the dealer - in that case the gun goes to the local PD and you are out 100%. My stance is I sold the gun and got my money I'm done with the deal work out your own problems to reverse the denial.

And THAT seller could and should be sued in the small claims court. And he'd lose as he has a duty to act in good faith, mitigate loss and not compound it. Condition subsequent as not satisfied, in effect, rescinding or canceling the contract.

If OP feels he may not pass the background check, he should work it out in advance for that transaction with the seller re that contingency, or better yet run his own background check as noted above, and then purchase a firearm.

[BigPimping]

I would hope that you would know that you are a prohibited person.