Buyer failed dros

[sandiego67]

There are two guys. Both are out time and money. Are you saying that the "common decency" is that the guy who is at fault is entitled to the free time and money of the guy who is NOT at fault?

The default position is that the buyer owns the firearm. The seller is done. The buyer should find another buyer, spend time and money advertising and negotiating price, then sell it to the next guy. If the buyer wants to avoid all the hassle, he can offer it to the original owner who has the right to say "no" - he doesn't want to purchase the gun he just got rid of. It's up to the buyer to "sweeten the deal" to the original seller to make him want to take the gun back.

This has nothing to do with the seller. It's buyer's gun and he needs to figure out what to do with it.

What? The buyer FAILED the DROS. He isn't getting the gun and therefore can't sell it.

[taperxz]

I'm searching really hard right now to find the bill that passed that allows the monetary worth of a gun they bought to be legally obtained through a legal sale.

I know it passed but forget who, when or the number

Additionally, a gun doesn't have to be registered to you in order to own it. I'll keep searching or Librarian will beat me to it.

[taperxz]

What? The buyer FAILED the DROS. He isn't getting the gun and therefore can't sell it.

He can't possess it. It doesn't mean he doesn't own the monetary value to it under a legal TRANSACTION OF MONEY. Notice I didn't use the word transfer.

[taperxz]

These kind of messes occur here frequently on CGN .

Just like in any transaction, terms should be established for PPTs prior to completing the transaction so both parties involved know going in what will happen in these kind of situations

[kemasa]

Which is the buyer's choice since he is the owner of the firearm.

Actually not. It goes back to the seller, so it is the choice of the seller to pick it up or not. The seller is the only one who can choose.

The money aspect is a separate issue.

[kemasa]

I'm searching really hard right now to find the bill that passed that allows the monetary worth of a gun they bought to be legally obtained through a legal sale.

I know it passed but forget who, when or the number

Additionally, a gun doesn't have to be registered to you in order to own it. I'll keep searching or Librarian will beat me to it.

If the firearms had been transferred, then it would apply. That is not the case. The firearm has to go back to the seller or to the police. No options. The seller can get it and then do something with it, but only after it goes back.

[LowThudd]

I'm searching really hard right now to find the bill that passed that allows the monetary worth of a gun they bought to be legally obtained through a legal sale.

I know it passed but forget who, when or the number

Additionally, a gun doesn't have to be registered to you in order to own it. I'll keep searching or Librarian will beat me to it.

But you see, there is legal code specifically listed as to SOP when this situation arises. If there were none, you would be right IMO. But, the legal code specifies how this is to work. It has been posted several times in this thread.

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.

[Duke]

Actually, Jesus said that. But hardly anyone around here cares about what that old guy said, amirite?

yes you're right. thats why its called the "Golden Rule"

[Cypriss32]

Do we even know why he failed? Is it because of a error in the system or is he prohited.
I'd ask myself this question, how would I like to be treated in this situation? Reasonable to me would be 70/80% refund.

I'm willing to bet a lot of members on here would expect a full refund if the tables were turned. What does that make you then?

[sandiego67]

What if the Buyer already bought a different handgun within the last 30 days, didn't know the laws and wasted your time? Or worse, they did know the law about 30 days between handguns and tried it anyways?

[SloChicken]

What if the Buyer already bought a different handgun within the last 30 days, didn't know the laws and wasted your time? Or worse, they did know the law about 30 days between handguns and tried it anyways?

they can DROS again when the time is done. If the seller has to return, then that is something that the two of them can work on.

[IVC]

Actually not. It goes back to the seller, so it is the choice of the seller to pick it up or not. The seller is the only one who can choose.

"Goes back to seller" only means that the seller can pick up the gun from the dealer, not that it belongs to the seller. It still belongs to the buyer.

If the seller picks it up, then the small claim courts can figure out who owes whom money. If the seller doesn't touch it and leaves it at the dealer, it's up to the buyer to figure out what to do with his property.

[IVC]

But you see, there is legal code specifically listed as to SOP when this situation arises. If there were none, you would be right IMO. But, the legal code specifies how this is to work. It has been posted several times in this thread.

The code you listed has nothing to do with OWNERSHIP of the property, only with who can take POSSESSION.

[LowThudd]

The code you listed has nothing to do with OWNERSHIP of the property, only with who can take POSSESSION.

Did you miss this part?

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.

Under CA law, it does not belong to anyone if it cannot be delivered to either party, or the seller abandons it after a Dros denial. It goes to LE. Not saying it is right to make it that way, only that the law specifically spells out what can and cannot occur. No where in the code does it allow for the firearm to be consigned by the prohibited buyer.

[NorCalGlock9]

100% restocking fee