purchase put on hold by dept of justice

[mrdd]

^^ I believe this is right, since in the OP's case, there is only a delay/hold, the FFL wouldn't be required to give the seller back the item after the first DROS. However, if the buyer is flat out denied by DOJ in the end, THEN .12082 applies as the dealer obviously then cannot legally deliver the firearm to
the purchaser or transferee.....and it goes back to the seller.

OP hasn't been fully denied thus far.

That's a good point. But, the OP has stated that there is an unresolved case of misdemeanor assault, which is prohibiting. I suspect once the DOJ learns more about that the DROS will get denied.

[CenterX]

cut "I'm not going back to the dealer and recover the firearm."cut

Wouldn't it sort of depend on the overall value of the firearm? Reselling it may increase profit. Wouldn't like a fine Garand, Python, Wilson, or Ed Brown to end up in the scrap heap at county..... Would ya?

OP - good luck. Reading the fine print of the document and asking questions always helps.

[mrdd]

Where does it say the FFL dealer must return the gun back to the seller after 30 days? A delay in the DROS does not mean the dealer cannot deliver the gun ever, just that it will be delayed and if past 30 days, requires a new DROS (fee).

From P.C. 12071:

(E) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT FIREARM."

I just thought I would point out that in the case of a PPT, the procedure is specified by statute in the CA Penal Code. See subsection (d) below.

CHAPTER 5. Procedure For a Private Party Firearms Transaction [28050. - 28070.] ( Chapter 5 added by Stats. 2010, Ch. 711, Sec. 6. )
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.

[NYsteveZ]

Just my 2 cents-I have heard to myself and every customer at the gun shop the spiel about "the shop will charge a restocking fee of 25% or $200, whichever is less should you fail the DROS check..."
Would you take a gun shop to small claims court because YOU failed YOUR backround check? Imagine every thug suing gun shops because of this, discrimination, you name it. Now, MOST Calgunners will work with each other, but even before that-I really dont think an FFL will mind holding your SKS for a while longer while you sort this out. You will be out the DROS fees which is $25 if correct (you already paid the PPT fees) but, its only $25. ALSO...SKS is C&R exempt (cash and carry) depending on the make, why DROS it?

[CarZone]

CarZone


Is the misdemeanor another DUI which could be inceased to a Felony?

The DUI you were conviced of have any bodily injury or resisting arrest?

Did you get conviced of a Felony and have it plea bargained to a misdemeanor or probation but mark the wrong answer on the 4473 form questions 11 (b) and (c)?

Did you check to see if you got any restraining orders against you?

Does the name on all the forms match exactly what in on your CA Drivers License/ID (including middle name if any)

Does the address on all the forms match the one on your CA Drivers License/ID and is the current place you are living at?

Just needed to ask you all the most common reason DROS get kicked back. If yes to any of the question above you have your answer.

Ok, finally got through to the dept of justice. According to them they put my purchase on hold due to my pending case. They stated that any pending misdemeanor will put your purchase on hold. Im not denied just have to wait until my case has been dropped. I have already spoke to the seller and he is fine with either waiting or selling it to my wife which the rifle is ultimately for. Not sure what the process would be to switch the purchaser to my wife.

[Chaos47]

Ok, finally got through to the dept of justice. According to them they put my purchase on hold due to my pending case. They stated that any pending misdemeanor will put your purchase on hold. Im not denied just have to wait until my case has been dropped. I have already spoke to the seller and he is fine with either waiting or selling it to my wife which the rifle is ultimately for. Not sure what the process would be to switch the purchaser to my wife.

Glad you got some clarification and that the seller is being cool.

IMO do not try to have it DROS'd to your wife that would have the appearance of a straw purchase. Even if it really was for her in the first place that will look really bad.

[Scout2Diesel]

Sounds like a Buyer would be wise to make up a purchase agreement/reciept... to address these issues (in their favor and acceptable to the seller). Because we know to err is human but it takes a computer to really foul things up... and they run everything now.

Anyone..?