PPT question

[angelina]

I have DROS paperwork from another FFL for three/four weeks ago stating that the pistol had an internal lock. I didn't have to bring a lock from home. I believe I signed a safe affidavit but I'm not sure. Regardless, I wasn't told I HAD to buy a lock there and then and I didn't have to bring a lock with me on pick up. The internal was sufficient


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[angelina]

Here's the paperwork from when I PPT'd the pistol on 4/18. Notice the lock info in the comments




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[Gunsmith Dan]

SO no they should not require the buyer to buy a lock on that pistol BUT most gun stores do not want to be audited by CA DOJ so they sell them for less than $5 in most cases.

Yes charging you a $95.00 fee for returning a firearm to the seller for a denied DROS within the 10 day waiting period IS NOT legal for a PPT.

IF they insist send them a notarized demand letter via register mail stating they have x days to return the firearm or you will file a small claims suit. Inform them you will also charge them a penalty fee of X dollars (be reasonable do not be saying $100 per day otherwise judge will not allow it) per day for depriving you the use of your firearm. You should include you are contacting the CA DOJ as well and will file a formal complaint.

While it is legal and normal for FFLs to charge a restocking fee if your DROS is denied trying to purchase a new or used firearm from the FFL, they can not do that for a firearm which they do not own as is the case for a PPT.

They can start to charge a storage fee if a number of days has past since you were informed of the denial, but according to your post you went right away to pick it up.

BUT

If it was on consignment then yes they can charge a fee because technically when you consign a gun you are giving ownership to the store under contract.

[ugimports]

Here's the paperwork from when I PPT'd the pistol on 4/18. Notice the lock info in the comments




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In theory that wouldn't satisfy the state because the Bersa ILS is not on the certified lock list. However, if you dig you will notice the Springfield Armory's ILS is on the list:

https://oag.ca.gov/firearms/fsdcertlist

The first FFL didn't comply with the CA DOJ requirements for the firearm safety device. Lucky for them most CA DOJ auditors don't look at every make/model of lock listed. They generally are just looking that a lock is listed. Some of the auditors know the common locks so they may spot that one and write them up for it.

[kemasa]

I believe federal law requires a lock for a handgun, regardless of a safe affidavit

That is somewhat correct. They have not written up the procedures, as they are required to do and it has been years. The Feds don't require a receipt either. There is mention of a safe, but one BATF attorney claimed that the law meant that the FFL had to provide either a lock or a safe, not that the customer could.

There is nothing saying that the lock has to be from a retail outlet. You can sell locks to your friends for fun and profit and they can sell back to you for fun and profit.

The real joke is that if you got a great deal on 500 locks, it is only good for 30 days.