Can a gun shop legally do this?

[DB2]

I have a story, and I not sure of the answer but here it goes............

I had a customer come in yesterday, and pickup a part I made for his roadster. He asked me if he could come back and get a second on Friday, and I tell him I would be closed because I was taking a trip to Reno. To shorten it up a bit, he askes me if I had ever been to the "shooting" supplies store in town. He proceeds to tell me of how he went in looking for a small revolver and they had one. He proceeds to be sold on this gun.

Now, my customer proceeds to tell me that he needed to take the HGC test, but do to lake of schooling he can't read. So, Mr. gun shop owner let's him the take the test home so his wife can read it to him. He tells his wife about the gun and she asks why he want's another small revolver. He then proceeds to think about it................. oops, decides he doesn't want it.

Next day he goes back and tells Mr. gun shop owner that he has changed his mind. Thats all fine and dandy, but Mr. customer paid for the gun when he was there on day 1 in full on his Visa. Mr. gun shop owner refuses to refund his money. Now there was never a DROS started on this because he didn't have his card. I know for a fact that the gun was not specially ordered for him since I had seen it before he had ever bought it. And I also know that it is still in the display case after he had payed for it.

Mr. customer has went to his bank and disputed the funds since he has never taken possesion of the gun, but they are telling him that due to HIM not wanting the gun, not the shop giving it to him, he may have to pay anyway.

Now the question. Can legally a gun store do this? It's not like going to a hardware store and buying some nails. He is buying a goverment regulated item.


I was not sure on the answer. I gave him BoF's phone #'s and told him to call.

Sure it's bad business on the stores part, and it's not the first bad story I've heard about them. But it almost sounds like theft since he can't get the gun without the states ok. But then again it's on him not to start the DROS.
This is also only one side of the story, and I'm sure there is more but...........


Hopefully thats not to confusing. What say you?

[Japsican]

hmmm...

That just sounds like bad business to me...He never had posession of the gun, and there was no paperwork started on it. It's not hard for them to just refund his money.

Seems pretty shady...

Sorry I can't give you any information whether it's legal or not...

[c good]

Shop Never started DROS or NICS. Horrible business practice on the Shop owners part. If his store policy states no refunds, out in open I believe he can try to force the sale, unless the guy doesn't pass the HSC or NICS. At that point shop owner is pretty much obligated to refund. All being said, I would call the credit card company and dispute the charges ASAP! This will probably be all he'll have to do. I'm no attorney, but have been in sports retail sales for 35 years. HTH c good

[hoffmang]

If he never takes possession of the firearm, he can and should demand that his credit card company cause a chargeback to the merchant. First he should go to the merchant and ask for a refund and threaten a chargeback if he doesn't get it.

-Gene

[Maddog5150]

could your customer perhaps be lying? The gunshop might have just charged him a restocking fee like most gunshops do and the guy is blowing it out of proportion in order to try to get his way. There are ALWAYS two sides to every story my friend.

[SemiAutoSam]

The Firearm never left his stock for there to be a restocking FEE.

Unless im reading this wrong he isn't returning the Firearm as he never had possession of it.

The gun shop might have just charged him a restocking fee like most gun shops do and the guy is blowing it out of proportion in order to try to get his way.

As I see it if the FFL did not submit a DROS he did not have any expense and hence should not charge any fee restocking or otherwise.

[Maddog5150]

I meant cancellation fee. meh.

[DB2]

If he never takes possession of the firearm, he can and should demand that his credit card company cause a chargeback to the merchant. First he should go to the merchant and ask for a refund and threaten a chargeback if he doesn't get it.

He went to the bank that the card is drawn on and they said it was doubtful. The C.C company that backs it would have to to the charge back but from the way I understand it on a debit Visa/M.C the company will do little since it's not a real credit card. I know they will I've been charged back from a stolen card, but supposedly it works differently.

could your customer perhaps be lying? The gunshop might have just charged him a restocking fee like most gunshops do and the guy is blowing it out of proportion in order to try to get his way. There are ALWAYS two sides to every story my friend.

There are always 2 sides. Restocking fee or cancelation fee would be appropriate IF the gun had been ordered for him, which I know for a fact is not the case, cause' like I said I have seen and touch said gun over a month ago. I don't believe he's out of porpotion. Pissed but not making things up pissed.


SAS you are correct. He NEVER took possesion.

[virulosity]

Is this gun shop Turner's? If so your friend is screwed. j/k

[dfletcher]

I have a story, and I not sure of the answer but here it goes............

Now, my customer proceeds to tell me that he needed to take the HGC test, but do to lake of schooling he can't read. So, Mr. gun shop owner let's him the take the test home so his wife can read it to him. He tells his wife about the gun and she asks why he want's another small revolver. He then proceeds to think about it................. oops, decides he doesn't want it.

Next day he goes back and tells Mr. gun shop owner that he has changed his mind. Thats all fine and dandy, but Mr. customer paid for the gun when he was there on day 1 in full on his Visa. Mr. gun shop owner refuses to refund his money. Now there was never a DROS started on this because he didn't have his card. I know for a fact that the gun was not specially ordered for him since I had seen it before he had ever bought it. And I also know that it is still in the display case after he had payed for it.

If I have the correct chronology, it seems to me the buyer was ineligible to purchase the firearm and should be released from his obligation, although some sort of fee may be reasonable. The buyer did say he was going to buy the gun and I think has some sort of obligation - not full cost, but some.

The "buyer" did not have an HSC card, the seller was aware of this. The deal is dependent on passing the test. The buyer never completed the test and is not eligible to complete the transaction. It seems to me that should be the end of the matter, perhaps with some sort of restock fee. There are other ways to approach this - how much of an SOB does this person want to be?

First, he could return, say he wants the gun then take & flunk the test. He can tell the CC company that he is not eligible to complete the transaction and request a chargeback. My bet is he'd prevail, especially when he informs the CC company that the gun store owner sold the gun dependent upon successful completion of the state required test. The gun store owner can not assert the deal should be completed in violation of state law. Nor should he be enriched by violating the law (allowing the buyer to take the test home) nor by the buyer's inability to pass a state required test

Personally I don't think that's being an SOB - being an SOB is telling the gun store owner he's going to call DOJ and fill them in on the details. My guess is a gun store owner who let's someone take home the test probably doesn't maintain the greatest paperwork and would be none to eager to host a DOJ or ATF visit.

I'd say go back, try to be reasonable. If that doesn't work contact the CC company.

[CRTguns]

The restocking fee is a misnomer. It's a fee applied to cover time spent with the customer, and the fact that the gun has been "off" sale, possibly missing other customers who would have actually bought the thing.

I do not do this under most circumstances. People's loyalty and business is worth more than their money.

[slick_711]

Many shops do have a "restocking" / cancellation fee, and in the case of such a small revolver, that fee may well have been the entire balance of the revolver's value?

If the shop has a posted "no refund" policy they can certainly argue that they don't have to refund his money, however, if that is the case the gun should have been removed from display as soon as he purchased it. It's also bad business practice, but that's their call.

Furthermore, your friend cannot take the HSC test home with him to take it there, that is a big no-no.

[NIB]

Eh, I've seen stores charge restocking fees on items they don't even have in stock.

[aplinker]

Eh, I've seen stores charge restocking fees on items they don't even have in stock.

If it's a special order item that's when I can understand it most.

It sounds like he has a pretty good case for a complaint. If I were him I'd use the fact they let him take home the HSC test as leverage for the return. All of it sounds SHADY. REALLY shady.

[Paul]

"Give me every dime you took from me or I'm calling the CA-DOJ and just to make sure that you giving me the handgun test to take home is legal and proper. Thank you, cash please, have a nice day."

Edited to add - if the gun store knew that the guy couldn't read then are posted signs then legally binding? I understand if they didn't know he couldn't read but here's a case where they knew he couldn't read and then expect him to be bound by any posted signs? Sounds like a good argument for court.