What happen in a PPT if...

[Rgarbarino]

What happens to the gun/money if the buyer does not pass the 4473? Is the seller obligated to return the money? Does the gun have to be DROS'd back to the seller?

[bugsy714]

[Wheellock]

I've seen ads in the marketplace occasionally that say they keep 10 or 20% if the transaction fails. Seems reasonable to me.

[hermosabeach]

I would do a 35% restocking fee

[edgerly779]

No dros to return firearm to you. Up to you how much to give back.

[baih777]

When i sell now. I put in the ad 25% of purchase. non returnable if you fail DROS.

[Russian Bot]

Was it a denial, or an undetermined at a place that doesn't release?

[Quiet]

Applicable CA laws...

Penal Code 28050
(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Sections 26700 to 26915, inclusive, in accordance with this chapter in order to comply with Section 27545.
(b) The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm.
(c) The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with Section 27540.
(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.
(e) Until July 1, 2024, 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 18005 and 34000.
(f) If Commencing July 1, 2024, if the dealer cannot legally return the firearm to the seller, transferor, or person loaning the firearm, then the following procedure shall apply:
(1) The seller, transferor, or person loaning the firearm may request, and the dealer shall grant, that the dealer retain possession of the firearm for a period of up to 45 days so that the transferor or seller or the person loaning the firearm may designate a person to take possession of that firearm in accordance with Section 27540. This 45-day period shall be in addition to the waiting period described in Sections 26815 and 27540, and any time necessary to process a transaction.
(2) If, before the end of the 45-day period, the seller, transferor, or person loaning the firearm designates a person to receive the firearm and that person completes an application to purchase, the dealer shall process the transaction in accordance with the provisions of Section 27540.
(3) If the seller, transferor, or person loaning the firearm, does not request that the firearm be held by the dealer pursuant to this subdivision, or the firearm cannot be delivered to the designated person, 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, where the dealership is located, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.
(g)(1) If a dealer retains possession of a firearm pursuant to subdivision (f), the dealer shall within 72 hours after retaining possession of the firearm, notify the Department of Justice in a manner and format prescribed by the department.
(2) If a dealer delivers possession a firearm to a law enforcement agency pursuant to subdivision (e) or (f), the dealer shall notify the Department of Justice within 72 hours after the delivery of the firearm in a manner and format prescribed by the department.

[ar15robert]

never been in situation but if i sold and buyer couldnt pass id take a 20 percent for my time involved going back and forth to ffl.

[sfe187]

Once money exchanged, many sellers considered sold. If buyer can't complete dros due to his own situation, some seller will not pick up the gun from FFL and let it turn into LE as gun is considered sold, not his problem (seller).

However, some seller will as stated above charge whatever percentage for restocking fee/his time etc.

Some seller will help you sell "your" gun at his convenience.

Some seller will be a sweetheart and give your money back without any fees for his time/gas.

Make sure you can complete dros before buying. There are ways to self-test first.

Make sure you communicate with the seller on what his policies are if dros can't complete.

Good luck.

[Garv]

We have had a few people here say they would take the gun back and keep the money and not blink an eye.

Something reasonable for your time and money would be fair how much depends on individual circumstances.

[hambam105]

Have you heard this one?

I failed the 4473? How could that be?

Oh, that felonry. But it was like a year and a half ago, man.

[Rgarbarino]

Was it a denial, or an undetermined at a place that doesn't release?

Neither. Just asking a hypothetical question, I don't have any issues.

[Djantlive]

Isnt DROs in real time? So if it’s denied, both parties are still at the counter. The 10 day wait period doesn’t involve actual background checks, etc.

[Librarian]

Isnt DROs in real time? So if it’s denied, both parties are still at the counter. The 10 day wait period doesn’t involve actual background checks, etc.

Not in CA; CA uses its own set of databases as well as NICS. So, no, the result will not be delivered to the buyer while still in the shop.

DROS - Dealer's Record Of Sale - is not the background check, but submitting that starts the background check process.