Question on a failed background check **update post 136**

[Artema]

Why would you keep his money? He paid you for goods but didn't get the goods.
Granted, it's his fault

I can't believe how many people here suggest what is essentially stealing the guys money just because he physically can.

Under state law the gun is to be released to you. You also owe the guy a refund unless you had an agreement otherwise.

I'm curious about the reasoning of those who feel a refund (less expenses) isn't owed in these cases.

My guess is a lot of you aren't poor. When I sold my featureless rifle I built I got the cash and immediately $500 went to some medical bills for my wife and the other $500 went to other debt. If his DROS was rejected I wouldn't care. I don't think I'd even go pick it up. The deal was completed, and I don't even have money to give to him. Of course, he was able to collect it because he wasn't a #$%^ing felon!

[Garyson1311]

I would give him his money back minus gas and like 50 bucks as I believe its the right thing to do. Karma is a B. Also, I agree big time with what other people said in regard to sending the guy a money order or something of the sort for his refund. I would NOT meet this guy face to face but if you do decide to meet F2F to give him his money back, remember that you already told him to kiss your *** when he tried to get you scratch the SN off and AND you intially told him you'd give him a refund of only $20 plus gas/fees and you were keeping the rest (Regardless if you changed your mind later on, you still said it to him and I doubt he forgot) That being said, I bet hes not happy with you and he clearly has no issues commiting crimes. Meeting him in person is a bad idea, plain and simple.

[iron cannon]

My guess is a lot of you aren't poor. When I sold my featureless rifle I built I got the cash and immediately $500 went to some medical bills for my wife and the other $500 went to other debt. If his DROS was rejected I wouldn't care. I don't think I'd even go pick it up. The deal was completed, and I don't even have money to give to him. Of course, he was able to collect it because he wasn't a #$%^ing felon!

Its not a question of being poor ,its a question of talking money for goods not delivered. He cost the op some time and trouble and the op should be compensated , but no more than any other deal gone sour.

[loophole]

Been nice knowin' ya, Travis............sorta.

[tal3nt]

I wouldn't feel right keeping his money, but that's just me. I agree 100% however that he should never have tried to purchase the firearm in the first place, and he is obviously up to no good.

[Zedrek]

Its not a question of being poor ,its a question of talking money for goods not delivered. He cost the op some time and trouble and the op should be compensated , but no more than any other deal gone sour.

Ummm, he did deliver the goods. It's not his fault the felon wasn't able to pick the goods up after the ten days. Like what was said, if I got $500 after doing my part and then went and spent it on whatever it isn't my responsibility to come up with the money to pay him back.

Also, I wouldn't be feeling all that generous to a felon that asked me to commit a felony for him for double the money. It was probably drug money anyway.

[luckystrike]

So when they asked you if all of the info was current and correct you lied? So you commit purgery, and the other dude's a felon. Fun times indeed.

sounds like it might have saved his *** from gang bangers showing up at his house

A: BECAUSE IT'S AGAINST THE CRAIGLIST'S RULES.

so what?

It sounds like a setup to me.

Honestly who sells a gun on CL? It was probably a law enforcement agency trolling for stupid/illegal gun owners trying to get rid of a gun.

They do the ppt knowing they will fail it, but they have two chances to nab you if you are up to no good.. Maybe you can't own a firearm and you try to sell one or they fail background and offer double to file it off you agree and now you just illegally sold a firearm.

this. I put my old glock on craiglist, someone emailed me and said something like (not exactly) "yo yo yo you sell me the gun and no questions asked, straight? oh and will you take $100 less then you want?"

Im pretty convinced it was cops doing that one. either way they tried to low ball me! worse than 1911pistola lowballs you.

[Dirk Tungsten]

Re: #3 above. The FFL is required to remove the sellers information from the buyers copy of the DROS by law, and vice versa. And that's assuming that the buyer requested a copy.

Sent from my SGH-T999 using Tapatalk

Why do gun shops not know this? Granted I've done very few PPTs but none of them have ever done this of their own volition. I've had to ask or do it myself.

[kemasa]

Why do gun shops not know this? Granted I've done very few PPTs but none of them have ever done this of their own volition. I've had to ask or do it myself.

Because there are a lot of laws and it is hard to know everything.

Honestly, the DROS system should allow the FFL to print out their copy, the seller's copy and the buyer's copy.

[HappyCamper781]

Don't Effing sell your sh*t to people you just met off CL.

There's that link to a guy who just got shot trying to buy a cell phone on CL.
Geez, people...

[iron cannon]

Ummm, he did deliver the goods. It's not his fault the felon wasn't able to pick the goods up after the ten days. Like what was said, if I got $500 after doing my part and then went and spent it on whatever it isn't my responsibility to come up with the money to pay him back.

Also, I wouldn't be feeling all that generous to a felon that asked me to commit a felony for him for double the money. It was probably drug money anyway.

Your kidding right. Its called an "equitable exchange."
The op will get his firearm back plus the buyers money( not an "equitable exchange").
The buyer committed several crimes, but that has nothing to do with the deal between the buyer and the op.

[kemasa]

Your kidding right. Its called an "equitable exchange."
The op will get his firearm back plus the buyers money( not an "equitable exchange").
The buyer committed several crimes, but that has nothing to do with the deal between the buyer and the op.

Funny. The exchange was that the seller got the money and the buyer got the firearm, which was done. The only issue was that the buyer could not complete the transfer, which is not the fault of the seller. The buyer should have known about it.

The OP can get the firearm back, but does not have to go and pick it up. So are you saying that if the OP decided to not pick up the firearm that he could keep the money? If it is not picked up, then it has to go to the police.

So if the OP sold the firearm to pay the rent, then used the money to pay the rent, please explain why the OP would suddenly need to come up with the money.

The seller should try to sell the firearm and deduct any addition costs including time, along with the cost to get the firearm back, then return a fair amount back once the firearm sells.

[Zedrek]

Your kidding right. Its called an "equitable exchange."
The op will get his firearm back plus the buyers money( not an "equitable exchange").
The buyer committed several crimes, but that has nothing to do with the deal between the buyer and the op.

Yeah, he will get the gun back but if already spent the cash then he would half to wait until he sells the gun and gets the money. He probably should wait for the ten days to be up so he can make sure the new buyer isn't a felon too.

[cannon]

Sold a pistol and the buyer was denied by the state. He had a 15 year old felony arrest warrant from Detroit.

Picked up the pistol from the FFL and gave the buyer all his money back and then resold it.

To not return the money is just thievery no matter what justification you sell to yourself.

[kemasa]

Yeah, he will get the gun back but if already spent the cash then he would half to wait until he sells the gun and gets the money. He probably should wait for the ten days to be up so he can make sure the new buyer isn't a felon too.

And also wait until the person actually picks it up, since if it is not picked up, then it will go back to the seller.

Perhaps people who sell vehicles should also hold onto the money until they see that the vehicle is successfully registered to the buyer.