Buyer failed background, now I need to pick up.

[junior40er]

Buyer failed background because of DMV hold. We started DROS 8 or 9 weeks ago and I found out through buyer. Bass Pro Shops never called me. I plan on picking up and giving buyer his cash back. Is it too late? What do I need to do?

[CSACANNONEER]

You need to call BPS and see what their policy is. Then, you might need to educate them on what the law really is and fight with management for a while after that. Good luck. Hope it goes smoother than I think it might.

[DEPUTYBILL]

Buyer failed background because of DMV hold. We started DROS 8 or 9 weeks ago and I found out through buyer. Bass Pro Shops never called me. I plan on picking up and giving buyer his cash back. Is it too late? What do I need to do?

Call them at once to make sure they still have the gun in their possession.
They should have let you know about it. Hopefully the don't want a storage fee for all this time.

[halifax]

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.

If they start talking about storage fees, give this to them and mention the DOJ.

[SonofWWIIDI]

Let's see, person with crummy DMV record tries to buy a gun, most likely knowing that their DMV record is gonna get in the way. And surprise they fail BC.

Time and travel. Charge them for time and travel. My time is valuable and if someone else takes it from me, I will be fairly compensated.

[ugimports]

Let's see, person with crummy DMV record tries to buy a gun, most likely knowing that their DMV record is gonna get in the way. And surprise they fail BC.

Time and travel. Charge them for time and travel. My time is valuable and if someone else takes it from me, I will be fairly compensated.

Many people do not know that their DMV record will prevent them from buying a gun. Logically it doesn't make any sense...

Why should not paying for a parking ticket on time prevent you from buying a firearm? That same person if they used their CA ID likely would have passed DROS depending on the real reason the DMV hold occurred.

You're not required to have a valid DL to purchase a firearm. Just valid ID per the requirements (CA DL, CA ID, or Military ID with orders).

I don't disagree with asking for compensation assuming this was negotiated ahead of time. E.g., something to the effect of "If you're denied for ANY reason you will lose X dollars in this transaction and only Y dollars will be returned to you.

[junior40er]

im not going to keep money or ask for money....I will however have the guys meet me at FFL by MY house.

[ugimports]

I guess I'm confused. Why would you meet at an FFL by your house if you have to pickup the pistol from Bass Pro Shops (however far away that is from you)? Why not just give him his money back there when you pickup the gun instead of making an extra trip for yourself?

[lorax3]

im not going to keep money or ask for money....I will however have the guys meet me at FFL by MY house.

But how is the gun going to get to the FFL by your house?

[bodger]

Well....this is a plot twist.

[dachan]

Anyone know if a person's DL is suspended due to reckless driving or DUI, etc, is he/she still able to buy a firearm with a valid CA ID?

[Condorguns]

Anyone know if a person's DL is suspended due to reckless driving or DUI, etc, is he/she still able to buy a firearm with a valid CA ID?

Yes. The FFL has to make sure when they swipe the ID that they go back and check the drop down menu and change it from CDL to CID. It will automatically list it as a license.

All you need is a valid ID. now if the reason the license is suspended if from a prohibited category that will be a different issue.

[junior40er]

I have decided it's not my problem anymore. I drove 45 movies to dip this and this happened. Its now between him, bass pro and the state. I'm under no obligation to go pick up or refund. Thanks the advice guys but I'm not driving for this again. I have a job that keeps me busy.

[M1NM]

First step when the FFL calls you explain you are no longer the owner. Ask him to call the new owner and have them straighten the problem out. An easier way would be to meet with the buyer at the FFL and put it on consignment with the proceeds going to the failed buyer. If you just take it back. Don't worry about any fees they are going to charge you. Just subtract them from money you were going to refund. Give the guy what's left of his money and a receipt for the fees. Don't forget to add for gas and labor.

[SkyHawk]

I have decided it's not my problem anymore. I drove 45 movies to dip this and this happened. Its now between him, bass pro and the state. I'm under no obligation to go pick up or refund. Thanks the advice guys but I'm not driving for this again. I have a job that keeps me busy.

Best decision right there. Don't play secretary or runaround guy for someone who cannot pass DROS, unless they are willing to pay for your time and expense. You entered into this deal in good faith and performed, it is not up to you now to shoulder the burden when the other guy failed to live up to his end of the bargain. You got the cash, you signed over the gun - that is the end of your involvement.