stolen gun

[montereydave]

If you had your gun waiting at your FFL dealer and they get looted and they stole your gun. Who is responsible for the loss??

[edgerly779]

FFL.Already posts on this subject. Las option your own insurance. Problem is it is not your firearm till dros finished.

[003]

I would expect the FFL to assume responsibility. He certainly has a fiduciary responsibility to keep his clients property safe.

[bergmen]

If you are in your 10 day waiting period I would be astounded if that gun was not in a safe.

Dan

[jamie404]

If it gets stolen, I hope you paid with a credit card.

[JamesY]

The law maker's fault. Without these stupid laws, we wouldn't need an FFL to hold it for 10 days... more like a few minutes like other states.

[Barang]

the looters are to blame. the only way to stop that from happening is that if they knew there's going to be looting that day so that they can go and guard the store with firearms to defend them.

[OCEquestrian]

FFL.Already posts on this subject. Las option your own insurance. Problem is it is not your firearm till dros finished.

As a matter of contract law it actually IS your gun; All the required elements for a binding contract/sale have been met when you pay the seller. You simply are not permitted to take possession until the DROS is finished.

[Endless]

The law maker's fault. Without these stupid laws, we wouldn't need an FFL to hold it for 10 days... more like a few minutes like other states.

This 100%. If you walk into a gun store in a free state and you want a pistol or rifle you fill out the proper paperwork (ATF 4473) and they call it in right there in front of you. Once they get the approval number/code (typically in 5 mins or less) the gun is then sold to you and it is in your possession at that time. Under 20 mins from start to finish and is 100% legal. If this happened in California your firearms wouldn't be stolen or looted because they would already be in your possession.

Mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the National Instant Criminal Background Check System (NICS) was established for Federal Firearms Licensees (FFLs) to contact by telephone, or other electronic means, for information to be supplied immediately on whether the transfer of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or state law. The Brady Act is a public record and is available from many sources, including the Internet at www.atf.gov.

Here is where California got it wrong.....

In states where the state government has agreed to serve as the POC for the system, the FFLs contact the NICS through the state POC for all firearm transfers. The state POC conducts the NICS check and determines whether or not the transfer would violate state or federal law. (10-30 day wait in California in 2020)

Simply unacceptable.

[BigPimping]

I am hoping that the store would have liability insurance to cover those kinds of losses. Plus 1 on illegal laws that require a 10-day wait. Blame the lawmakers and other communist enemies of the state.

[The War Wagon]

If it gets stolen, I hope you paid with a credit card.

Yep. Time for a refund.

The law maker's fault. Without these stupid laws, we wouldn't need an FFL to hold it for 10 days... more like a few minutes like other states.

Class action time. Background check takes 5 minutes on a slow day in PA, which tells you everything you NEED to know right there.

[jamie404]

As a matter of contract law it actually IS your gun; All the required elements for a binding contract/sale have been met when you pay the seller. You simply are not permitted to take possession until the DROS is finished.

That agreement includes being able to receive that gun in 10 days with the matching serial number. So if the FFL can't hold up their end of the bargain it is their fault.

[Sacperformance]

I went with my 22 year old son to a gun shop in Oklahoma..... he’s in college back there and his CA DL expired this year, so he got an OK license, and since he lives there 9 months out of the year he is a legal resident. He purchased a Glock 48, a MP Shield 2.0, 1000 rounds of 9 mm and 1000 rounds of .556 and was in and out of the shop in 25 minutes. Just makes you realize how backassward CA really is.

[CharlesV]

As a matter of contract law it actually IS your gun; All the required elements for a binding contract/sale have been met when you pay the seller. You simply are not permitted to take possession until the DROS is finished.

Without arguing the points of a valid contract and just saying you are correct for this post, you are posing a major problem for any and all buyers. You hand over payment and the guns is yours. The fact then that it stays with the shop creates a new contract, that being that the buyer is essentially lending the shop the gun, YOUR PROPERTY, for 10 days. Where was the written agreement for that? Where is it written who assumes reasonable care and liability for mishaps, thefts, famine, flood, insurrection? With no agreement for that 10 days, your post is saying the liability rests with the buyer. We cant say, Well its an unwritten law that the shop.........Well, everybody knows.........

The first elements of valid contract are offer and acceptance. You offer the shop the gun for 10 days, under what criteria or circumstance is the shop accepting it from you? None that i can see. The shop just says, "Ok, i'll take it," but doesnt say anything about "by the way, liability for your gun is on you, dude. We are just a shop passing through the laws." But within DOJ laws, still there is no liability, as if the DOJ itself is accepting responsibility for what happens during the 10 days (maybe they must be forced to by a new law). It follows then that on completion of the sale and before handing over your gun to a perfect stranger to hold, which now appears to be a extremely stupid thing to do, a new written contract is required. If the shop wont offer it or sign it, you dont have a deal or you agree to accept all the responsibility. If thats the case, you should know in advance to buy the gun from that shop or not, like a huge red sign in the shop about their refusal of responsibility.

Having said this, it would be interesting to read case law on this, surely its come up many times and definitely will going forward since antifa and others are targeting gun stores now. FFLs should weigh in to either soothe buyers or scare 'em more!

[five.five-six]

If it gets stolen, I hope you paid with a credit card.