Dealer Sold an 'already-sold' Gun to me... what to do next?

[casacel2]

I bought a 22-250 target rifle here in the Sacramento area from a large reputable privately owned gun and hunting store. Everything went mostly normal at the time of the purchase. I said I'd be paying credit, and the owner said he'd give me 10% off if I paid cash or check, it raised an eyebrown but hey, save a 100 bucks, I went to the ATM and mostly forgot about it. It was a very cool single shot Savage and, when I bought it the owner called his friend in the bay area who had been looking at it to tell him he couldn't buy it since it was sold but he would get another one in stock so if he was still interested when it got there he could come and purchase it.

10 days later, when I go to pick the gun up, I tell the man behind the counter why I am there and show him my reciept, he pulls the paperwork and heads in the back. I don't see him for a while but we comes back out and explains to me that the gun I purchased had been sold before I purchased it. That is to say that someone came in, bought a gun, somehow it stayed out on the shelf for at least a day, I came in, paid for and filled out all the proper paperwork (DROS, 4473) for the same gun and the same serial number. I was informed I could have a refund or they had another identical one coming and I could pick it up Friday. I chose Friday, said I'll want to talk to the owner then (he was apparantly out of the store) and asked "how does that happen, that's strange?" The response was something to the effect "no, it doesn't happen, it's stupid. well i'll tell you how it happen, the owner did it." kind of condescending. He apologized again, and I, relizing he was just 'the guy behind the counter' left and decided I'd talk it through with the owner friday.

Now as I sit at home I try and figure out how this happen, and more importantly, how can I get this resolved and behind me.

See, since all my paperwork was filled and sent out to the DOJ and ATF, as far as they are concerned I own the rifle with the serial number on paper. Also, I am trying to figure out how they can get me the new gun before the ten day wait is over since it is a new gun and new serial number. I also obviously need to figure out how to get my name unassociated with the first serial number.

Maybe y'all can give me some advice, maybe a criminal mind can figure out why someone would have consciously done this for there own benefit and my demize.

I also obviously have incentive to get this done with the smallest what I will call 'DOJ Signature.' That is as under their radar and off there "list" so I don't get hassled in the future, accused of a straw purchase, or delayed purchases in the future. I have nothing to hide, am a model citizen with no record, but a bit of a paranoid when it comes to my 2nd amendment 'right' that WILL be infringed if someone decides that my bad luck could be construed as 'suspicious.'

Let me know your thoughts....

[FEDUPWBS]

Your a CalGuns member your already on "the list"

[Fjold]

IIRC, There is no serial number on the DROS form for long guns so the serial number shouldn't have been reported.

The guy could have done his friend who was looking at it a favor and sold it to him after he sold it to you and made up the excuse.

Or, it could be the honest mistake that he said it was.

[Satex]

At the end of the 10 day period you have to sign the back of the DROS form to indicate you have taken possession over it. Since that won't happen, they can't associate you with the firearm. If you want to be ultra conservative, ask the owner for a memo stating that the sale never went through.

[G17GUY]

Sounds like the owner canceled the DROS and sold it to his buddy. At least; he should have called you and notified you so you could come in and start the paperwork process on a different gun or let you know when another one was coming in.

[casacel2]

No serial number on the DROS form, well that's good news. What about the ATF Form 4473 that is kept at the dealer? I believe the records sent in for review are "destroyed" after 24 hours, but the dealer has to keep the record in his possession. So we just refil out or cross out and reinsert the serial on the 4473 then and all is well?

[G17GUY]

The dealer can cancel a DROS at anytime for up to like a month.

[casacel2]

I guess he wouldn't have to cancel the DROS since I am getting the same gun and the serial isn't on the form?

[hawk1]

As said DOJ never got a serial number or manufacturer from the DROS. It's not put on the DROS at all. As far as the 4473 I don't think the make, model, or serial number is filled out until after the DROS is complete. If it is, there is nothing stopping the dealer from tearing it up the 4473 and filling out a new one. The 4473 is not numbered. No reason to cancel the DROS if you're getting a replacement rifle.

[510dat]

So it sounds like for long guns, that the DROS is permission to buy "a" long gun, as opposed to a pistol, where you are trying to get permission to buy "this" gun?

[ETD1010]

The serial number DOES end up on the 4473, but as hawk1 said, it can be shredded and done anew.

[Wulf]

Wouldent this kind of a scam be a way a shop owner could get a gun out of stock and into the hands of a prohibited person with intact paper trail? Chances are nobody would ever look in one guy drosing 2 long guns, but If something ever happened where somebody was tracking down the paper trail and found one guy got 2 droses and 1 gun and the other guy got no droses and 1 gun, it would be a reasonable looking paper work error?

[Sgt Raven]

Wouldent this kind of a scam be a way a shop owner could get a gun out of stock and into the hands of a prohibited person with intact paper trail? Chances are nobody would ever look in one guy drosing 2 long guns, but If something ever happened where somebody was tracking down the paper trail and found one guy got 2 droses and 1 gun and the other guy got no droses and 1 gun, it would be a reasonable looking paper work error?

The OP won't have to do another DROS as long as the FFL can deliver the replacement rifle during the 30 day window for delivery of the rifle.

[bohoki]

i would just ask for my money back and walk away you inspected the firearm you purchaced now its unavailable

the one they get in may be different it may have an ugly stock or different finish sheen

there could be civil remidies but its not worth it unless you are a "principaled stickler aka have no life"


you should get a full refund they broke the contract not you

[BaronW]

I'd ask for a 100% refund (fees included) and spend my money elsewhere, or try to leverage them for a discount on the replacement.

I guess the discount route would be better if you can take it as soon as it arrives. Maybe they'll throw in accessories or ammo? I know I would.