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  • #76
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    Originally posted by 003

    Legally, paying does change ownership. Dealing with a failed background is a completely different situation, having nothing to do with a completed sales transaction. In a failed background, the firearm does not "have to be returned to the seller". The seller can walk away with no penalty or responsibility.



    Sale
    An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price.


    Unless there is specific language in a sales agreement that allows for a "failed transaction" do to a third party action, the buyer owns the gun when he pays the seller.

    Now California law may allow the return of a gun to the seller, but it does not require it.

    The buyer owns the gun, but cannot take possession of it do to California law. The buyer can negotiate with the gun shop to sell it for him on consignment or buy it outright.
    You are ignoring the passing title, which is what the transfer is.

    You are also ignoring, even though it has been pointed out to you, what the CA PC says. In the case of a CA PPT, to follow the law, there are only 2 choices, back to the seller or to the police. Consignment or buying it isn't a legal option.
    Kemasa.
    False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

    Don't tell someone to read the rules he wrote or tell him that he is wrong.

    Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

    Comment

    • #77
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      Originally posted by 003
      You are adding a completely different sales transaction talking about a dealer order. Read the penal code again, it does not require the return to the seller, it allows for the return or the surrender to the police.

      As previously stated, the seller walks away with no responsibility.
      You are missing the point. You claim that just paying changes ownership, my response shows that it doesn't work that way. Just because you paid, does immediately change ownership.

      Can't you read? Every time I said back to the seller or to the police. You need to re-read what I said and stop making false claims.
      Kemasa.
      False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

      Don't tell someone to read the rules he wrote or tell him that he is wrong.

      Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

      Comment

      • #78
        003
        Veteran Member
        • Jul 2010
        • 3436

        Originally posted by kemasa
        You are ignoring the passing title, which is what the transfer is.

        You are also ignoring, even though it has been pointed out to you, what the CA PC says. In the case of a CA PPT, to follow the law, there are only 2 choices, back to the seller or to the police. Consignment or buying it isn't a legal option.
        Passing title is the legal term for completing a sale, It is completed when the seller passes title to the buyer. "The hand shake." This has nothing to do with a third party (the State of California) unless there is specific contract language stating the buyer must pass a state requirement.

        As stated, read the penal code again, it does not require the gun be returned to the seller, it allows for it to be returned. If not returned then it goes to the police.

        Once again, the seller can walk away with no issues.
        Last edited by 003; 03-19-2020, 3:04 PM.

        Comment

        • #79
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          Originally posted by 003
          Passing title is the legal term for completing a sale, It is completed when the seller passes title to the buyer. "The hand shake." This has nothing to do with a third party (the State of California) unless there is specific contract language stating the buyer must pass a state requirement.

          As stated, read the penal code again, it does not require the gun be returned to the seller, it allows for it to be returned. If not returned then it goes to the police.

          Once again, the seller can walk away with no issues.
          The sale isn't completed with firearms until the required transfer is done. The same as with a vehicle, the title doesn't transfer on a handshake.

          Why is it that you keep saying the same false claim over and over? Reading comprehension problems? As said, I don't need to read the CA PC as I correctly stated what it says, yet you seem to be constantly falsely claiming otherwise, which shows that no one should listen to a thing that you say.
          Kemasa.
          False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

          Don't tell someone to read the rules he wrote or tell him that he is wrong.

          Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

          Comment

          • #80
            003
            Veteran Member
            • Jul 2010
            • 3436

            Kemasa:

            It appears we are never going to agree on this issue. I suggest before we get to name calling and discussing each others parental heritage we call it a draw. Love to buy you a beer and "argue" about something else while eating a good BBQ somewhere. What part of the county? East county here.

            Dick
            Last edited by 003; 03-19-2020, 3:37 PM.

            Comment

            • #81
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              Originally posted by 003
              Kemasa:

              It appears we are never going to agree on this issue. I suggest before we get to name calling and discussing each others parental heritage we call it a draw. Love to buy you a beer and "argue" about something else while eating a good BBQ somewhere. What part of the county? East county here.

              Dick
              East as well, sorry you don't agree on reality. Still no apology for the false claims. I don't resort to name calling or talking about parents. Good BBQ is hard to find.
              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #82
                jimmykan
                Veteran Member
                • Jan 2008
                • 3093

                I prefer bitcoin.

                Comment

                • #83
                  ARFrog
                  Senior Member
                  • Nov 2016
                  • 1291

                  Cash.

                  Where possible I use a firearms purchase agreement that both parties sign. It spells out rights and responsibilities of both sides, terms, conditions of ownership, DROS, payment etc.

                  I find that the Sellers I purchase from for C&R seem to like it as "more professional" in addition to just the FFL03 and COE paperwork. Maybe it is a comfort thing. Often I will Email it to them in advance so they do not think they are being jammed/scammed.

                  I realize some parties don't want the hassle of the extra paperwork but I see and hear all the permutations of concern or complaint that could be covered by mutual written agreement.
                  sigpic

                  ARFrog

                  Comment

                  • #84
                    DB>
                    Senior Member
                    • Jan 2017
                    • 829

                    Certified corona virus free bills....

                    Comment

                    • #85
                      baggss
                      CGN/CGSSA Contributor - Lifetime
                      • Mar 2013
                      • 3439

                      I've only done one of these, with another CalGunner for a gun he listed in the Buy & Sell forums.

                      We agreed to cash up front, if the PPT failed for whatever reason we agreed to an 80% refund to me since the failure would be on my part, not his. Seemed reasonable to me, and there were no issues.

                      NRA Lifetime Member : CalGuns Lifetime Member : GOA Lifetime Member

                      Comment

                      • #86
                        M1NM
                        Calguns Addict
                        • Oct 2011
                        • 7966

                        Originally posted by B2D
                        I prefer Venmo and Cashapp but I can't find anyone under age 40 who uses it.
                        I'm well over 40 and use neither. I also don't pay bills on line or do my banking that way.

                        Comment

                        • #87
                          Bmeow
                          Member
                          • Dec 2019
                          • 284

                          Originally posted by ARFrog
                          Cash.

                          Where possible I use a firearms purchase agreement that both parties sign. It spells out rights and responsibilities of both sides, terms, conditions of ownership, DROS, payment etc.

                          I find that the Sellers I purchase from for C&R seem to like it as "more professional" in addition to just the FFL03 and COE paperwork. Maybe it is a comfort thing. Often I will Email it to them in advance so they do not think they are being jammed/scammed.

                          I realize some parties don't want the hassle of the extra paperwork but I see and hear all the permutations of concern or complaint that could be covered by mutual written agreement.
                          can you share the form you use? i'm interested as well

                          Comment

                          • #88
                            BigPimping
                            CGN Contributor
                            • Feb 2010
                            • 21458

                            Originally posted by ar15barrels
                            hahaha says the guy who said venmo was safer than cash...
                            Cash only. No funny stuff. New bills, crisp and clean. No crazy electronic payments that are likely 2A unfriendly.
                            sigpic

                            PIMP stands for Positive Intellectual Motivated Person

                            When pimping begins, friendship ends.

                            Don't let your history be a mystery

                            Comment

                            • #89
                              SonOfaDI
                              Member
                              • Jun 2015
                              • 495

                              Originally posted by Handshaker
                              Every PPT gun i have purchased, i paid after paperwork is done outside the store. I dont want some guy that doesn't own the gun to run off before the transfer is started, you never know... He might be a felon that can't own a firearm also.

                              This - After Paperwork started and ID's/info taken by the store.
                              sigpic
                              Democrats, Liberals, Socialists and all 2016 election losers. We are sorry you are in darkness now. You still suffer from TDS.

                              Comment

                              • #90
                                painkiller
                                Senior Member
                                • Nov 2005
                                • 940

                                Cash is king baby
                                everyone has a phtographic memory,some just dont have the film

                                Comment

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