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  • badseed
    Member
    • Dec 2009
    • 264

    Issues with an FFL

    UPDATE: After reading this thread, the FFL called me this morning to inform me that he had my lower and since then I have picked it up and everything appears to be in new condition.

    I have apparently chosen the worst FFL in the area from whom to transfer a California legal AR lower through. Here is a quick background; I met with the dealer to discuss having the lower shipped to him. He politely acknowledges and sends his FFL information to the company. Two weeks go by and he has not called about my lower being in so I decide to stop in an see. Wow, low and behold my lower had arrived a few days earlier and he never got around to calling me. O.K. no big deal but when I asked to see the lower he shows me a completely different lower. I tell him that is not mine and after explaining why, he began to thumb through his transaction paperwork and realizes that he gave my lower to someone else.. The dealer explains that he knows the guy and that he will have the lower back in the store before my wait period is over and for my trouble he gives me three boxes of WOLF ammo.

    Today I call him because I was supposed to pick up my lower tomorrow and guess what, he is not available and his employee tells me that the lower is not in the store. Remember, I filled out all of my paperwork 9 days ago, thumb print and all in addition to paying his ridiculous $100 fee (including BG check). The employee says that I will have to talk to the owner on Monday because as far as he can tell they do not have my lower.

    What do I do other than restrain myself from strangling this guy?
    What are my rights?
    What leverage do I have ATF, DOJ?
    Does anyone have any legal requirements that he has failed ot meet as an authorized FFL?

    Thanks for any advice or information.
    Last edited by badseed; 01-11-2010, 12:29 PM. Reason: Problem Solved
  • #2
    Joe
    Calguns Addict
    • Apr 2006
    • 5730

    wow that is crazy. What is the name of the store you're dealing with?

    Comment

    • #3
      randy
      In Memoriam
      • Nov 2006
      • 4642

      Anybody can make a mistake. Give him the benefit of the doubt and visit him tomorrow. Keep your cool and find out what's up.
      I move slow but I make up for it by shooting poorly.

      When I hit the lotto I'm only shooting factory.

      Comment

      • #4
        K5Cruiser
        Senior Member
        • Nov 2006
        • 878

        Stay as calm as possible and see him first day that he is available. I'm surprised he went through with DROSing the lower to you when he didn't even have it in hand, but at this time give him the opportunity to get it back for you and in your possession. If after giving him ample time to get the lower to you, then start making calls to DOJ.

        Comment

        • #5
          CaliforniaLiberal
          #1 Bull Goose Loony
          CGN Contributor - Lifetime
          • Jan 2008
          • 4690

          The employee you spoke with may not have all the latest information. Maybe the owner is carrying your lower in his back pocket so he doesn't misplace it again. Wait to talk with the owner on Monday before you make any plans for strangling.
          Better Way to Search CalGuns - https://www.google.com/cse/home?cx=0...78:pzxbzjzh1zk
          CA Bill Search - https://leginfo.legislature.ca.gov
          California Rifle and Pistol Association - http://crpa.org/
          Sacramento County Sheriff Concealed Carry Info - Search 'Concealed Weapons Permit Information Sacramento'
          Second Amendment Foundation - http://www.saf.org
          Animated US Map Showing Progress of Concealed Carry Laws 1986 to 2021 http://www.gun-nuttery.com/rtc.php

          Comment

          • #6
            badseed
            Member
            • Dec 2009
            • 264

            Unfortunately after talking with a few other locals the owner does not have a good reputation for making things right or getting them right for that matter. I forgot to mention that when I went in to fill out the paper work he called the customer who apparently had accepted my lower and asked him to bring it in. The FFL made it sound as if he and the other guy were friends which irritated me even more because I purchased a complete Spikes Tactical lower with the laser etched punisher logo and painted spike logo which definitely stands out from a stripped CMMG lower that the other guy was supposed to get. Basically the guy how now has my lower (or so it seems) knew that he was taking something else than what he ordered.

            Comment

            • #7
              badseed
              Member
              • Dec 2009
              • 264

              Originally posted by Joe
              wow that is crazy. What is the name of the store you're dealing with?
              Bear Mountain Guns

              Comment

              • #8
                badseed
                Member
                • Dec 2009
                • 264

                Originally posted by K5Cruiser
                Stay as calm as possible and see him first day that he is available. I'm surprised he went through with DROSing the lower to you when he didn't even have it in hand, but at this time give him the opportunity to get it back for you and in your possession. If after giving him ample time to get the lower to you, then start making calls to DOJ.
                I know! At this point my lower is basically stolen from the FFL and should push come to shove I will have to call ATF and see if the FFL informed them about a loss theft/loss from his stock.

                Comment

                • #9
                  audihenry
                  Veteran Member
                  • Feb 2008
                  • 2909

                  Where is the "Don't take any action, we need every shi**y FFL to stay open in CA" crowd??

                  As the other person suggested, try at it again. If after some time you see that you're not getting anywhere with this clearly incompetent owner, call the DOJ.

                  Comment

                  • #10
                    badseed
                    Member
                    • Dec 2009
                    • 264

                    Believe me I hate to identify incompetent FFL owners out there because of the already absurd political issues in Cali but give me a break this just seems ridiculous. He obviously does not care about his obligation to accurate and honest with his dealings and surely does not care about his image with the community. Seriously how many boxes of WOLF ammo would it take to make this right?

                    Comment

                    • #11
                      DB2
                      Senior Member
                      • Oct 2006
                      • 1542

                      Seriously? How do you know, that it's not there? Did the employee look? Did he check the books? Your mad because the owner wasn't there. He's the owner, he doesn't have to be.

                      A long gun can start dros without a serial # present.

                      Calm down. I seriously doubt anybody stole your lower.

                      Comment

                      • #12
                        jksupplyco
                        Senior Member
                        • Jan 2008
                        • 1623

                        I'm next door in Amador Co. If you need help in the future, we'll take care of you.. Ask around, our reputation is solid around here.

                        Comment

                        • #13
                          dustoff31
                          Calguns Addict
                          • Apr 2007
                          • 8209

                          Originally posted by badseed
                          Today I call him because I was supposed to pick up my lower tomorrow and guess what, he is not available and his employee tells me that the lower is not in the store. Remember, I filled out all of my paperwork 9 days ago, thumb print and all in addition to paying his ridiculous $100 fee (including BG check). The employee says that I will have to talk to the owner on Monday because as far as he can tell they do not have my lower.
                          So go back on Monday to pick up your lower. If it isn't there, or you get any crap, pull out your cell phone and call ATF and/or DOJ right there in front of the owner or employee. And of course tell him who you are calling. Have the phone numbers written down so he knows you aren't BSing. Don't bluff. Make the call.
                          "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

                          Comment

                          • #14
                            PowderBurn1
                            Senior Member
                            • Jan 2009
                            • 573

                            Originally posted by dustoff31
                            So go back on Monday to pick up your lower. If it isn't there, or you get any crap, pull out your cell phone and call ATF and/or DOJ right there in front of the owner or employee. And of course tell him who you are calling. Have the phone numbers written down so he knows you aren't BSing. Don't bluff. Make the call.
                            +1 for this idea.
                            Ken F.
                            sigpic
                            Originally posted by Kestryll
                            "I've got a case full of candy if you've got a van"
                            Pax in Bello "Peace in War"
                            WTS 1863 CS Richmond black powder rifle
                            http://www.calguns.net/calgunforum/s...d.php?t=342883
                            WTS Cherry wood desk & Rockstar fridge
                            http://www.calguns.net/calgunforum/s...d.php?t=238105

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                            • #15
                              SikDMAX
                              Senior Member
                              • Jul 2009
                              • 1072

                              Shady stuff. I'd definitely do as above.
                              SikDMAX

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