Failed transfer

[drmjf]

I have a friend who sold a gun, a dealer did the transaction. The buyer failed to pass the background check. Now the dealer won't give him his gun back until he pays for a background check on himself. Is this legal? Where would I find the PC that says the dealer can do this.
Thanks for the help.

[cabinetguy]

I may be wrong, but I tought a failed buyers background triggered a sellers check. You might want to try the FFL forum for more informed answers

[CK_32]

I was told the gun goes back to the seller, due to the gun never legally transferring over. The gun shop has no legal hold over anything aside from being middle man. As far as I know they have no legal say to hold anyone's gun like that.

I'm probably wrong tho. Interested on other's answers on this.

[ivanimal]

I had the same thing happen and paid the 35 to get it back. Got reimbursed by the buyer


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[Roland Deschain]

Not sure of the PC but I was under the impression that the dealer had to run a background check in order to return the weapon to the seller in the event that the buyer failed their check...

[Fjold]

Post this on the FFL forum.

[TheWoodCrafter]

I thought during a PPT both parties had to fill out paper work and backgrounds were done on both.

[Quiet]

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. 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.

[CK_32]

But how is that the buyers fault? That's a load if you ask me...


Just as a car it was never transferred nor anyone's but the original owners until someone takes transfer of said firearm/car. If the other guy couldn't accept transfer legally it never went any where. So it should go to the original owner.. I don't get that at all...

[Mssr. Eleganté]

But how is that the buyers fault? That's a load if you ask me...


Just as a car it was never transferred nor anyone's but the original owners until someone takes transfer of said firearm/car. If the other guy couldn't accept transfer legally it never went any where. So it should go to the original owner.. I don't get that at all...

If the buyer is denied, the gun does go back to the original owner.

[CK_32]

If the buyer is denied, the gun does go back to the original owner.

But if I read above correctly, that at the cost of $30 for a additional background check which will be held until paid and cleared, which is the OPs question..

[Mssr. Eleganté]

But if I read above correctly, that at the cost of $30 for a additional background check which will be held until paid and cleared, which is the OPs question..

If the buyer in a PPT fails the background check then CalDOJ automatically runs a check on the seller before they even notify the FFL that the buyer failed. That way the FFL can immediately return the firearm to the seller as required by law. If the seller fails the background check too then the gun has to be turned over to local law enforcement.

[Loopwell]

In summary, the seller must pay DROS for this inconvenience? Is it another 10 day wait or is this immediate?

[Mssr. Eleganté]

In summary, the seller must pay DROS for this inconvenience? Is it another 10 day wait or is this immediate?

All of the sharp FFLs here on Calguns say that they are supposed to immediately return the firearm to the seller, just like it says in Penal Code Section 28050 that Quiet posted above.

If the seller fails the background check then DOJ notifies the FFL at the same time they tell the FFL about the buyer failing, and the gun has to be turned over to the police.

[JDay]

Was this a face to face transaction or did your friend ship the firearm? If it was shipped it is handled different from a PPT. If it was a face to face PPT the FFL is scamming.

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