Buyer failed dros

[Quiet]

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.

[ProtectThe2nd]

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.

I'll bet 99% of sellers don't know this...

[heidad01]

I'm currently selling an off-roster handgun. If the buyer fails DROS, I'm hoping I can simply walk into the gun store and retrieve the gun. If not, I'm keeping ALL the money.

I do not see why you could not pick up your gun if the buyer failed Dros. That gun is still in your name. How much of the money you want to return is another issue.

[bigbearbear]

50% Learners Fee

Use this, but I'll also add that it'll be either $200 or 50% Learners Fee, which ever is higher.

[E92335i]

I'd refund his dros fee and the rest is mine.

[claylakers]

A few good suggestions above. If the FFL is close by, keeping $50 is fair. If not, keep more.

Make sure the buyer realizes he is entitled to nothing, you're being kind.

Agreed

[TKM]

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

[xXRifleManXx]

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

Yeah I know a guy with a go fund me for his sister in law that could use some cash to get a self defense pistol....

[Joezamboni]

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.

[SmallShark]

20% is fair.

[heidad01]

Yeah I know a guy with a go fund me for his sister in law that could use some cash to get a self defense pistol....

[sarbiker]

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

Yeah I know a guy with a go fund me for his sister in law that could use some cash to get a self defense pistol....

This is an outstanding idea.

[xMAC1x]

Buyer demanding all his money back that's a no go.
Your fixed costs $35 dros plus two more trips to bailout the buyer.
Than you relist the item and back to the shop.
Turners keeps 30% for a failed dros.

Its your money, the buyer has the problem.

[Sousuke]

A small fee seems reasonable.....

But I just thought of something that while rare puts a wrinkle in discussions like this (and disclaimers).

It has happened in the past that the gun itself caused a failed dros. If that's the reason does the seller owe the buyer?

[kurac]

It has happened in the past that the gun itself caused a failed dros. If that's the reason does the seller owe the buyer?

If it was the firearm that caused the failed transfer, then the seller would have the same problem as the buyer. You give the buyer back his money minus 30% or whatever, then you try to DROS it back to yourself, then ooops, denied, now the government gets it, self solving problem.