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I know some people will disagree with this and say NEVER put your SSN on a 4473...
But if you have a semi common name its not a bad idea as it will help with these mistaken identity situations that are now being brought up in the last couple posts.Comment
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Or you can get a unique identification number.
Sent from my SGH-T999 using Tapatalk 2Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison
The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)Comment
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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. 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 18000, 18005, and
34000.
I copied the info above from another thread from a month ago.
If the buyer fails a back ground check, the FFL will try to return the handgun to the seller. If the FFL can not return the handgun to the seller, it is delivered to the sheriff for disposal. IMO, if the seller just flat out does not want to deal with it, he can tell the buyer to go pound sand. By the time a small claims court case see's the light of day, their is a good chance the gun is already gone. I don't know if the court would award the buyer any money/refund if the seller is left empty handed.
If a buyer fails a background, its in his best interest to remedy the situation by either trying to sell it or work out a deal with the seller so the seller is compensated for this aggravation.Comment
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison
The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)Comment
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Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace. -- James Madison
The Constitution shall never be construed to authorize Congress to prevent the people of the United States, who are peaceable citizens, from keeping their own arms. -- Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87 (Pearce and Hale, eds., Boston, 1850)Comment
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So much fail, so little time.NRA Certified Rifle Instructor
NRA Certified Range Safety OfficerComment
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As seller, its not my job to hold the buyers hand in purchasing the firearm. I'm also not a bank to hold his money until he picks up said firearm. If my buyer doesn't have his act together, its not my duty to try to starve my kids to scrounge money to pay him back or go without electricity. In this situation or any, the buyer is a d-bag for trying to put me through that.
Of course at the moment, thank God I am not in this situation but many people sell guns to pay bills. I sell to fund toys and projects so I don't dig too much into my personal accounts. Hell, last gun I sold here, I went straight from the gun shop to the motorcycle shop to buy a new helmet. The buyer was real cool and in a ccw process so I doubt he would of failed anyways but if he did, I would tell the gun shop to turn it in to pd as I sold it and its not mine in my mind.
Make sure you have your act together before you buy if you're thinking you're not going to pass.Buy my EO Tech XPS3-0!!!
For those nutjobs who like to use the word "gouge"
Note: I did not write the above article.
Any carpenters in Socal want a side project?
sigpicComment
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1.. Yes, maybe, it depends....
You and the seller entered into a contract to buy/sell a gun. The contract, to be valid, requires agreement between the parties as to what shall be done -- a meeting of the minds (I sell this gun; I buy his gun). The parties must be competent--legally cable of making a contract by age and mental ability. There must be consideration (I give you "x" dollars, you give me gun). And the transaction must be legal (generally, if it's not your gun, you can't sell it.)
In this case, everything was fine, all parties acting in good faith until the state ruled you cannot legally buy the gun. At that point, a mutual mistake was discovered-- you both thought you could buy, and you were both mistaken. The contract became null and void, and all parties should be restored to their original status. (Gun to seller; cash to buyer).
How does that make sense? Look at what the dealers already said here. When they are selling guns, they stipulate (and the buyer agrees) that if clearance fails, the shop keeps some of the money. They've added a contract clause to cover themselves "if the final sales contract fails.
2. Sure. You can sue anybody. But what would you use as your basis of cause of action? (Clue--it might be answered in #1; or not)
3. Then you wil be hard pressed to pursuade the court of the value of damages and you will probably win the case with zero dollars awarded to you. If you win.
4. Do what the dealers do and indemnify yourself in the contract. Of course, I doubt any seller will talk to you if you have a provision in your bill of sale indicating you can walk away if you fail a background check.
You could get pre certified as eligible to purchase. That at least gives you something to fall back on if DROS isn't approved. ( assuming the precept is positive for you). Always establish a bil of sale. Who's selling what to whom; for how much? When/where. And so forth. Get a receipt for and payment transactions.
Good luck.
JR
Caveat. Not a lawyer; good chance everything above is right or wrong.Comment
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