CA DROS Delay

[Afactor1234]

[pacrat]

As to the member that got stung by a unscrupulous FFL for $300 re-stock fee.

It was post #210

Update to my first Dros delay went in to pick still showed delayed called back 2 hours later and it showed it could be delivered but it was undetermined the second Dros 30 days will be up July 1st at a shop that does not release on undetermined and they want a 25% restocking fee on 1200$ what should I do?

WHY DO UNSCUPULOUS FFL'S CONTINUE WITH THIS ILLEGAL POLICY?

QUITE SIMPLY ............... BECAUSE THEY CONTINUE TO GET AWAY WITH IT.

[LMan57]

Do you mean a "bogus fee", or a bogus fee that large?

Because IF your FFL choses to cancel the DROS. They themselves just turned all of the $47, DROS FEE, BOGUS. Don't forget the $10 they keep out of that.

They can't "legally" charge you a STATE MANDATED FEE. Then CANCEL the DROS, and NOT REFUND the STATE FEE. Without the STATE MANDATING THEY DO SO. An undetermined status, includes no such state mandate.

FFLs are OK by NOT refunding a DROS fee. ONLY if it is because the buyer FAILED the DROS and was denied. That is no fault of the FFL's.

Thanks good to know.

[pacrat]

I read that if they come up with a bogus fee like that I will have my day in court.

Do you mean a "bogus fee", or a bogus fee that large?

Because IF your FFL choses to cancel the DROS. They themselves just turned all of the $47, DROS FEE, BOGUS. Don't forget the $10 they keep out of that.

They can't "legally" charge you a STATE MANDATED FEE. Then CANCEL the DROS, and NOT REFUND the STATE FEE. Without the STATE MANDATING THEY DO SO. An undetermined status, includes no such state mandate.

FFLs are OK by NOT refunding a DROS fee. ONLY if it is because the buyer FAILED the DROS and was denied. That is no fault of the FFL's.

[LMan57]

Time consuming, I can agree with.

But "costly", not so much, unless you include lost wages for the appearance. And even that cost is matched by forcing the FFL into court with you. As part of the BIG FINGER.

https://www.dca.ca.gov/publications/...n%20%245%2C000.



Actual filing cost is a ratio of 3 Small Claims Cases. Equals 2 DROS's.

One member, IIRC in this thread, was getting screwed to the tune of $300 for "non existent re-stocking fee".

I read that if they come up with a bogus fee like that I will have my day in court.

[pacrat]

Well, I didn't use a Credit Card so it's a refund less the fees, as far as suing it's easy to say but time-consuming and costly the middle finger is always an option.

Time consuming, I can agree with.

But "costly", not so much, unless you include lost wages for the appearance. And even that cost is matched by forcing the FFL into court with you. As part of the BIG FINGER.

https://www.dca.ca.gov/publications/...n%20%245%2C000.

The fee for filing in small claims court depends on the amount of the claim: $30 if the claim is for $1,500 or less, $50 if the claim is for more than $1,500 but less than or equal to $5,000, or $75 if the claim is for more than $5,000.

Actual filing cost is a ratio of 3 Small Claims Cases. Equals 2 DROS's.

One member, IIRC in this thread, was getting screwed to the tune of $300 for "non existent re-stocking fee".

[LMan57]

If by "try it again", you mean PAY FOR ANOTHER DROS. You are ignoring 2 other options.

One of which is a BIG FINGER in the face of the FFL. And do a chargeback of full amount on CC. If you used a CC.

The other is, AN EVEN BIGGER FINGER IN THE FACE OF THE FFL.

You can "SUE THE BASTARD". For an obvious arbitrary, BREACH OF CONTRACT.

Since it was the FFL who CHOSE to BREAK THE CONTRACT. The FFL has no legal right to with hold ANY OF THE PROCEEDS of the contract they broke.

They will of course try and confuse and obsfucate the root issue here. They will claim that the DROS fee is NON REFUNDABLE. But that is their problem. NOT YOURS. Because they chose to break the contract. Not you.

Well, I didn't use a Credit Card so it's a refund less the fees, as far as suing it's easy to say but time-consuming and costly the middle finger is always an option.

[pacrat]

So I go down on day 30 if it's undetermined I have the option for a refund less the Dros fees or try it again.

If by "try it again", you mean PAY FOR ANOTHER DROS. You are ignoring 2 other options.

One of which is a BIG FINGER in the face of the FFL. And do a chargeback of full amount on CC. If you used a CC.

The other is, AN EVEN BIGGER FINGER IN THE FACE OF THE FFL.

You can "SUE THE BASTARD". For an obvious arbitrary, BREACH OF CONTRACT.

Since it was the FFL who CHOSE to BREAK THE CONTRACT. The FFL has no legal right to with hold ANY OF THE PROCEEDS of the contract they broke.

They will of course try and confuse and obsfucate the root issue here. They will claim that the DROS fee is NON REFUNDABLE. But that is their problem. NOT YOURS. Because they chose to break the contract. Not you.

[pacrat]

[1] ... My question was in regards to being approved or undetermined on (hypothetically) day 29-30.

[2] ... Local FFL advised that if you go from delayed to approved, you have 30 days from that status update to pickup.

FWIW, Peninsula Guns and Tactical in San Bruno does NOT release on Undetermined status.

Nick; That's actually TWO distinctly different issues.

[2] ... First, IF you are approved after 240 Hrs, or prior to 30 day Max for a delay. Or if you dealt with a HONORABLE FFL who releases, as required by law, on UNDETERMINED.

You have 30 days to take delivery from FFL. Or THEY/YOU, have to re-DROS. Because the BG checks required by DROS are only good for 30 days.

[1] ... Both "approved after delay" prior to undetermined. And "undetermined after 30 day max delay". Are BOTH APPROVED for delivery from DOJ.

EXACTLY the SAME as if your 240 Hr wait ends, without DOJ placing a HOLD on your delivery due to a DELAY.

[The Gleam]

Because such a thread is not beneficial to the forum advertiser FFLs who will be included on the list.

A thread that WOULD potentially survive the moderators would be a list of FFL's that DO release on undetermined.
Then people could just go to those FFL's and they could make an assumption that the ones NOT listed on the thread may or may not release on undetermined since those "unknown" FFL's have not been added to the list.

GREAT alternative suggestion.

Nobody could argue with a list of which FFLs release on "undetermined" as a bad thing or of it being inculpatory, and with likely no need to worry about them reversing their position as to cause the list to become outdated to anyone's detriment.

---

[LMan57]

So I go down on day 30 if it's undetermined I have the option for a refund less the Dros fees or try it again.

[66nick]

Nope. You will have to pay dros again on day 31

My question was in regards to being approved or undetermined on (hypothetically) day 29-30.

Local FFL advised that if you go from delayed to approved, you have 30 days from that status update to pickup.

FWIW, Peninsula Guns and Tactical in San Bruno does NOT release on Undetermined status.

[Scratch705]

Right there with you, I'm on day 19.

Does anyone know: Is there any extension to the 30-day limit when you're "delayed/undetermined"?

Nope. You will have to pay dros again on day 31

[66nick]

Well, Day 22 and not one word from my FFL getting close to day 30.

Right there with you, I'm on day 19.

Does anyone know: Is there any extension to the 30-day limit when you're "delayed/undetermined"?

[LMan57]

From what I have read you really have nothing you can do but wait. I think I'd be a little PO-ed.

Good luck,

Yes, I'm just waiting and I'm Pissed Off.