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This is exactly what i was looking for you need to get your gun back from the ffl because it's still your rifle unless it did transfer and they are doing some funny business.but on the other hand was the guy denied if not they may just not want to take responsibility for going through with the transfers if it's possible that he might be prohibited.
Sent from my SCH-S735CLast edited by curtru; 12-02-2014, 10:01 AM.Comment
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The dealer could have lawfully transferred it, they just chose not to. In my opinion that makes it the dealer's problem, not the sellers. If I were the seller, I would have made it abundantly clear it is their problem and if they want to return the firearm to me, they would pay for all fees. Their choice, their money.
However, the OP is a nice guy and is going to buy the gun off the guy.www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.Comment
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I hope this whole mess goes to court. NOT because i like that kind of thing but in the end the FFL will be drug into this mess and the courts will have to make a determination if this is really on the FFL.
In reality the firearm belongs to the buyer. The FFL must deliver what belongs to that buyer after the 10 day wait or the 30 day extended wait. Its a contract matter between the buyer and the FFL.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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since you guys traded guns, and you have his gun...
and hes not allowed to have your gun...
and you can't give him back his gun...
what's stopping you from just keeping both guns? lolRetired AccountComment
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That would be committing theft. The other guy owns the firearm that is in limbo. He cannot possess it, but he owns it.
If the OP gains possession of the firearm, he must make a fair settlement with the current owner.
I would not have done it this way, but at this point there is probably no going back.Comment
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No I am not. However what the FFL did is against the law. They can only release it to you if the other party is denied as per the law. And in that case there is no second DROS fee. The fact remains that the rifle you traded is his legal property and you have no legal claim to it. Even if he was denied you have no obligation to pickup the firearm.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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