Whose responsibility to check on or off roster firearms?

[diavel15]

My FFL says it was my responsibility to verify if a handgun I ordered and DROSed was on roster.

Cancelled my DROS and did not refund my DROS fee and charged me 10% restocking fee.

What's up with that?

[ASD1]

Did you order it from that FFL or on line?

An how did they start DROS not knowing if it was rostered.

The Rostered guns are on the drop down list if it is not there it's not on the list ??

[P.W.]

Out of curiosity which handgun were you trying to purchase?

If this was a straight forward non internet transfer sale then the FFL in question should have cross referenced the model in which you were wanting to purchase with the roster before taking your cash. You stated your FFL cancelled your DROS, that entails that they started a DROS on an off rostered model which unless they ran it as a off roster LEO exempt handgun sale it makes no sense.

The DES has a drop down menu for make/model/caliber/color and every time a DROS is entered, you literally have to choose the make and specific model of handgun and if that specific model is not listed then it is not on the roster at that present time.

[teg33]

OP FFL must be out of state FFL

[edgerly779]

FFL correct. OP ordered friearm and had it shipped to CA ffl without checking if legal to purchase here. Ignorance on OP part. He should have asked local ffl after contacting if ok to have shippd to ca. Cart before the horse. Newbie no due diligence.

[odysseus]

due diligence.

Those are the magic words.

[P.W.]

The OP indicated that he is being charged a restocking fee, that would imply that the OP purchased it through that FFL and it wasn't in the FFLs inventory at the time of sale. Unless they have an online store front that also caters to LEOs or Buyers out of state purchasers? OP was this a internet transfer or direct sale through said FFL?

[acespawnshop]

There's a few questions in regarding to the OP's question.

If you ordered it online it is YOUR responsibility to make sure you can transfer the gun here in CA. The other FFL out of state has no idea what CA laws are. Just like I'm sure you are unaware of the laws in say Vermont.

If you are being charged a restocking fee by the FFL who shipped it to you, that's fair. You bought it and now they have to deal with reprocessing that gun once it gets shipped back to them.

Your post says you had to cancel your DROS implying that you had already completed all the necessary steps and paperwork to deliver the gun to you. By cancel do you mean you got to the FFL in CA to do the paperwork and they wouldn't DROS it to you since you are not CA LEO? Or did the CA FFL DROS it as an exempt handgun sale? We are all a little confused on how to answer your question. And, based on how it sounds in your OP I think we have all given it our best shot.

Also, it says they wouldn't refund your DROS fee...So I am assuming that the CA FFL must have submitted your DROS to the state? At that point the CA FFL will be charged by the state for your DROS regardless if you pick up the firearm or not. Or do you mean they wouldn't refund THEIR interstate transfer fees? I probably wouldn't want to either. Its a PITA when people order off roster guns and I have to deal with shipping it back for them. Only about 1/2 of the time it takes to transfer a firearm is when the customer is here in the store. Everything else is dealing with the record keeping aspect of the transfers. Plus the CA FFL has to take their time and money and resources to ship your purchase back for you. In our case that means our boxes, packing material, tape, ink, and the time it takes somebody here to drive it to our local UPS or Post Office. Usually at least an hour wasted of my employee's time that could be spent doings something productive for ME instead of fixing somebody's mistakes because they didn't do their due diligence before they clicked away on their computer and bought something they THOUGHT was on roster.

[kemasa]

My FFL says it was my responsibility to verify if a handgun I ordered and DROSed was on roster.

Cancelled my DROS and did not refund my DROS fee and charged me 10% restocking fee.

What's up with that?

The end responsibility is with the FFL prior to submitting the DROS. It is the customer's responsibility to check before ordering.

The FFL should ensure it is on the roster prior to submitting the DROS.

Why/how was the DROS submitted prior to figuring out that it is not on the roster?

[acespawnshop]

Why/how was the DROS submitted prior to figuring out that it is not on the roster?

'Tis the question of the hour.

[Steve G]

Probably never hear from the OP again

[smoothang21]

What is the different scenarios of what is needed to fill out dros worksheet and a 4473 form

[Condorguns]

OP it was your responsibility.

I assume the 10% restocking fee is going to the online dealer.
I also assume what you are calling a canceled DROS is in fact the dealer fee not being refunded. As was explained above the time and material you are costing the California FFL not refunding this is perfectly acceptable.

Of course assuming things can be bad. 😊

In the future call your California FFL and tell them what you are ordering. I field about 5 of these calls a day. Most of us will be happy to double check your wanted purchase if you are unsure of the roster status.

[Baboosh]

Here is a little backstory as we helped the OP sort this out. Sorry if I step on anyone's toes.

OP went into his LGS and they sold him a Springfield TRP Operator.
OP filled out 4473, LGS submitted DROS and all was well
Days later LGS calls OP and says DOJ rejected the DROS because the gun was not a roster model
LGS charged OP $35 DROS ($25 + $10) and a 10% restocking fee

I explained to the OP that if the store sold him the gun and started DROS it was on them and that the DOJ would not reject the DROS unless they found it in an audit while in DROS. IMO the error was on the LGS side and he shouldn't have had to pay DROS nor a restocking fee.

These are the facts as I understand it. If am wrong then sorry. Just shedding some light.

No, we were not the FFL that sold him the gun.

[Condorguns]

Here is a little backstory as we helped the OP sort this out. Sorry if I step on anyone's toes.

OP went into his LGS and they sold him a Springfield TRP Operator.
OP filled out 4473, LGS submitted DROS and all was well
Days later LGS calls OP and says DOJ rejected the DROS because the gun was not a roster model
LGS charged OP $35 DROS ($25 + $10) and a 10% restocking fee

I explained to the OP that if the store sold him the gun and started DROS it was on them and that the DOJ would not reject the DROS unless they found it in an audit while in DROS. IMO the error was on the LGS side and he shouldn't have had to pay DROS nor a restocking fee.

These are the facts as I understand it. If am wrong then sorry. Just shedding some light.

No, we were not the FFL that sold him the gun.

If that is the case then I am an *** for assuming. If it truly went down that way then it would fall on the ffl not the op.

I still don't understand how they Drosed an off list gun. They would have had to list it as something else. If that was the case DOJ wouldn't know it was the wrong gun.
I guess they could have had a doj Inspection as the gun was still there but what are the chances of that?

Something still sounds strange.
.