Buyer failed dros

[LowThudd]

Under CA laws... [PC 28050(d)]

If buyer fails, then the CA FFL dealer needs to return the firearm to the seller.

When being resturned to the seller, if the seller fails, then the CA FFL dealer needs to surrender the firearm to law enforcement for destruction.

When being returned to the seller, there are no exemption from the:
1. CA DROS.
2. 10 day waiting period.
3. 1 in 30 day waiting period for handguns.


Penal Code 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.

Nope, pick up the gun and walk out with it.. No DROS or other nonsense.

http://www.calguns.net/calgunforum/archive/index.php/t-283114.html

Posting something that is wrong more than once is still posting something that is wrong.

What about this Quiet. Kemasa in the thread linked states this.

http://www.calguns.net/calgunforum/showpost.php?p=4009899&postcount=20

The seller gets the firearm back right away, no additional DROS is required.



The seller could keep the money until they sell the firearm. If they end up taking a lower price or having additional expenses, that can be deducted from what the buyer paid and then the rest of the money should be returned. The seller might have lost sales due to the "purchase".

As stated, fees are not returned.

12082. (a) A person shall complete any sale, loan, or transfer of a
firearm through a person licensed pursuant to Section 12071 in
accordance with this section in order to comply with subdivision (d)
of Section 12072. The seller or transferor or the person loaning the
firearm shall deliver the firearm to the dealer who shall retain
possession of that firearm. 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 subdivision (c)
of Section 12072. 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 12071 and 12072, 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 subdivision (a) of Section 12072. 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 12028 and 12032. The purchaser or transferee or
person being loaned the firearm may be required by the dealer to pay
a fee not to exceed ten dollars ($10) per firearm, and no other fee
may be charged by the dealer for a sale, loan, or transfer of a
firearm conducted pursuant to this section, except for the applicable
fees that may be charged pursuant to Sections 12076, 12076.5, and
12088.9 and forwarded to the Department of Justice, and the fees set
forth in Section 12805. Nothing in these provisions shall prevent a
dealer from charging a smaller fee. The dealer may not charge any
additional fees.

[LowThudd]

No. Why did he fail?

For all we know, he has a TRO for stalking or domestic violence in beating up his wife, other past violent criminal activity, or some other reason that warrants no "pity" whatsoever.

Deduct fairly for lost time, fees, gas, and return the difference to the failed buyer when able; to me that would mean when the seller finds another buyer for the gun to recoup the cash he is now out until a second buyer comes along.

Actually, it happens quite frequently that someone gets denied by DOJ wrongfully. Someone posts about it like once a month on here. A live scan usually takes care of it, but that won't help here as I believe the firearm is considered abandoned after 30 days, and the FFL must turn over to LEA.

[kemasa]

While no DROS is required, a 4473 is. The background check on the seller is done when the buyer is denied.

Per the CA PC, the firearm is to be returned to the seller, if not, the to the police it goes.

[SloChicken]

Tell the guy you'll return 80% of the $, keep a 20% "inconvenience" fee.

From my most recent sale (USGI M1A Supermatch)
This goes right in The ad:

"Failed DROS by buyer without good reason (my discretion on what a good reason is) will result in 20% screw-around charge, plus any shipping or FFL charges if applicable."

[sarbiker]

OP so sorry to hear about your DROS Loss.

[SloChicken]

Yeah, a surprising number, really.

You get your gun back and give the dude his money back.

I continue to be kind of alarmed people aren't even sure what to do.

I wouldn't.

See my disclaimer in the post above ...

[SloChicken]

There's plenty of threads where someone fails DROS and they can't figure out why, even after recently purchasing another firearm.

If I saw feedback where it said the seller kept more than 20% of the cost (unless driving out of the way was involved) I wouldn't deal with the person just for my own peace of mind.

How about just making sure you can pass backgrounds first?

Just a thought - you know, that whole self-responsibility thing ...

[SloChicken]

There are some unfair folk on this forum. Have some pity on the dude for failing

Wow.

[kemasa]

My personal suggestion is to pick up the firearm. Keep track of your time and expenses and once it sells again, then refund a reasonable amount of money. Consider it a consignment for the buyer. The other option for the buyer is that you ignore it and he loses everything if the FFL follows the law.

Another option is that he can hire you to pick it up and deliver it to a FFL who will sell it on consignment. Once it sells, he gets the money.

If you were selling the firearm just prior to moving out of the country, you might not be able to sell it due to limited time.

[Norcalkid]

Unless you had a contract stating otherwise give 100% money back. Gas money, fair, etc, means nothing if not agreed to an advance. Not saying this is right but IMO not worth the hassle if he doesn't agree with what you keep. Lesson learned, next time have it in your agreement that you keep XX% of it falls through. He has all your info, not worth ending up in court(or worse) over a couple bucks.

[SloChicken]

Unless you had a contract stating otherwise give 100% money back. Gas money, fair, etc, means nothing if not agreed to an advance. Not saying this is right but IMO not worth the hassle if he doesn't agree with what you keep. Lesson learned, next time have it in your agreement that you keep XX% of it falls through. He has all your info, not worth ending up in court(or worse) over a couple bucks.

Or you can tell him to f off and figure it out at the ffl if he is being a d.
Once the dros and 4473 are filled out and monies/fees are paid/exchanged the deal, and your legal obligation is done.
Anything more at this point is the sellers discretion.

[junior40er]

2 options are best.
1) not your problem, he loses everything.
2) you help him out and pick up the firearm. Once in your hands then return minus 20% plus ffl fees if applicable.

[kemasa]

There is no contract or agreement to give anything back or even to pick up the firearm. So there is no reason to give 100% back.

[thetruecheese]

A lot of pieces of **** on calguns, no big shocker. Biggest lesson learned? Buyer beware, common decency is hard to find.

[nedro]

Anybody else want to tell OP what to do with his own damn money?

He asked. So..ya, everyone is telling him what to do.
You sound like the wife on that commercial.
She sounds hideous!
Well, she's a guy, so...