Legal ramifications with "lost gun"

[jfwlb]

I have a question and think I know the answer but I would like other points of view. Mods if this is not the right forum feel free to move.

Approx 2 weeks ago I bought and ppt'd a S&W pistol from another Calgunner and all was well.

Today I go to break my new purchase out of jail and the ffl says they can't find it. Does this have any negative impact on me? I have been buying guns for almost 50 years and have never had this happen before. The ffl wants me to wait while they search and view their cameras. I know they are screwed as an ffl if it does not turn up, but do I have to report it as stolen within the 5 day period?

I will not out the ffl as they have said they will take care of me either way, I just want some opinions on my ramifications.

Thanks,
John

[mshill]

I have a question and think I know the answer but I would like other points of view. Mods if this is not the right forum feel free to move.

Approx 2 weeks ago I bought and ppt'd a S&W pistol from another Calgunner and all was well.

Today I go to break my new purchase out of jail and the ffl says they can't find it. Does this have any negative impact on me? I have been buying guns for almost 50 years and have never had this happen before. The ffl wants me to wait while they search and view their cameras. I know they are screwed as an ffl if it does not turn up, but do I have to report it as stolen within the 5 day period?

I will not out the ffl as they have said they will take care of me either way, I just want some opinions on my ramifications.

Thanks,
John

That totally sucks. I'm interested to see comments from other ffls.

[BAJ475]

I have a question and think I know the answer but I would like other points of view. Mods if this is not the right forum feel free to move.

Approx 2 weeks ago I bought and ppt'd a S&W pistol from another Calgunner and all was well.

Today I go to break my new purchase out of jail and the ffl says they can't find it. Does this have any negative impact on me? I have been buying guns for almost 50 years and have never had this happen before. The ffl wants me to wait while they search and view their cameras. I know they are screwed as an ffl if it does not turn up, but do I have to report it as stolen within the 5 day period?

I will not out the ffl as they have said they will take care of me either way, I just want some opinions on my ramifications.

Thanks,
John

I do not think that you could report it as stolen, because it was never in your possession. Theft is usually an unlawful taking from one who has lawful possession. I do not see any ramifications that would adversely effect you. The FFL must report it stolen if they are unable to find it.

[splithoof]

Wondering who's name would come up in a LE query if the weapon in question is ever found and checked.
Because there is no delivery data showing that the transaction was finalized through pick-up, I think you would be safe from that during a criminal investigation.
Hopefully the FFL has simply misplaced it somewhere in his inventory, and after a detailed house cleaning, it will show up.

[heidad01]

Wondering who's name would come up in a LE query if the weapon in question is ever found and checked.
Because there is no delivery data showing that the transaction was finalized through pick-up, I think you would be safe from that during a criminal investigation.
Hopefully the FFL has simply misplaced it somewhere in his inventory, and after a detailed house cleaning, it will show up.

This. ^^^

Not delivered to you. You are clear from being the owner. You need to sign the form before they hand you the gun, which you have not. The FFL can cancel the dros if the gun is not found. Then replacement hassle is the main worry.

Good luck. Hope it is found.

[9mmrevolver]

I would think they would make viewing the video their top priority. Like watching it when they realized they couldn’t find the gun.

[Chute&Shoot]

Or it could be they know employees take guns to the range to play with and are waiting for its return. And I know of no ffls that would allow that but did read a thread on here I think that described one that did.
Sucks hope you get your gun.

[Quiet]

Penal Code 26885

[edgerly779]

FFL on the hook not your firearm.

[jfwlb]

Thanks for all the replies.

I forgot about the final step of the dros process, so I do think it is on the FFL, not me.
I thought it a little strange that they were not looking at the video right away also. We shall see.

John

[Califpatriot]

This. ^^^

Not delivered to you. You are clear from being the owner. You need to sign the form before they hand you the gun, which you have not. The FFL can cancel the dros if the gun is not found. Then replacement hassle is the main worry.

Good luck. Hope it is found.

I can't remember, do you have to do a thumbprint when they hand you the gun or just sign?

[The Shootist]

Just curious as to what kind of gun is it? Once you get more Info. I wouldn’t mind knowing what ffl this was so I can avoid dealings with? Hope they find it or at least find out what happened. Sucks for you to say the least...

[FalconLair]

Thanks for all the replies.

I forgot about the final step of the dros process, so I do think it is on the FFL, not me.
I thought it a little strange that they were not looking at the video right away also. We shall see.

John

yeah, let them handle it, you're not at risk at all

[jfwlb]

Update!The shop was closed on Sunday, but they called me within minutes of opening up today. My gun was found, just stored under the seller's name instead of mine. Suffice to say they did make it right and I am very pleased with the way they handled it.This was my first time dealing with this FFL and I have to say they did the right thing. I would not hesitate to deal with them again.

John

[IVC]

Update!The shop was closed on Sunday, but they called me within minutes of opening up today. My gun was found, just stored under the seller's name instead of mine. Suffice to say they did make it right and I am very pleased with the way they handled it.This was my first time dealing with this FFL and I have to say they did the right thing. I would not hesitate to deal with them again.

John

That's understandable on both counts - mistakes do happen, AND, when it's an honest mistake, the party who made the mistake will go out of their way to make sure the other party understands it was unintentional.

Glad it all worked out in the end.