FFL threatens to not deliver

[revkev]

Hello,
I have purchased several guns and had a rather odd experience the other day with an FFL for a BudsGuns transfer. I won't name names, but I was upset. Long story short, the FFL was ESL and said the wrong word for me to write. My Federal ID only has the letter "M" for my middle name so he said "By your M (in the middle name box) write hyphen and IO (for initial only I'm assuming). So I write:

-IO

He flips out and asked what am I doing, so I get upset and start returning his unprofessional attitude and told him I did what he said. What he meant was write IO in quotes like this:

"IO"

But he said hyphen. So he is giving me attitude and telling me not to give him an attitude. I'm confused...so on my phone, I google "Hyphen" and showed him that it was a dash for the sole purpose of letting him know that his instructions were incorrect, thus the clerical error. Instead of conceding, he stands up and starts yelling and saying why do I have to prove who is right and says he is not delivering the gun anymore and actually gets up and opens the door. I am furious, but a little concerned now because his shop is his living room and I don't want him to find any reason to escalate this. So I bite my tongue (trust me, this is hard) and the whole time, he is just lecturing me that he is just following the rules...blah blah, I just stay quiet and he continues the transfer. We finally finish so I leave. 10 minutes later he calls me and says I need to go back because I failed to answer the "Are you hispanic" question. I won't lie, I give him an earful telling him that I won't turn back and that I never want to see him again..I told him to learn what a hyphen was and maybe added an expletive too. That was wrong.

Now my question is, does he have this right to NOT deliver on grounds that I had a bad attitude? I paid my DROS, cleared my background, and complied with everything else. I admit, attitude never fares well, but I was giving back what was received.

Now I'm worried this madman may try to do something with my registration. I have the DROS on me, but can he do anything to mess this up?

I am actually an affable and nice guy, but man, this just unearthed something in me.

[scoutpup99]

Yes. As a dealer we have the right to cancel any transaction that we want to.

Personally if I was the dealer and wasn't going to release I just wouldn't submit the Dros or collect the fee. I would call buds and have them send a call tag for a failed transfer. But since he submitted the dros you might be ok.

ATF has repeatedly told us that we should not release any firearm unless we are comfortable with the transfer. I have dealt with a few aholes, usually I just won't accept any more transfers for them. I only once have refused a transfer and I delivered the gun to a different dealer to handle the dros. That dealer refused all other transactions for that guy.

[revkev]

Interesting...and thank you for the reply. I will just take deep breaths next time if I ever encounter this again. Sorry, how do I know if he already submitted the DROS? I do have a copy of it. He collected the fee upfront at the first meeting. He said he wanted me to comeback to circle the proper answer to the Hispanic question but I refused. Is that part of the DROS. Can he claim that the application was not done properly? Just curious what are my possible repurcussions for my "bad attitude."

[WartHog]

Tere Hanges?

[ArmsUnlimited]

If he already delivered the gun there is nothing he can do. He just wants that box checked on his paperwork to make it absolutely perfect for his next ATF or CADOJ inspection, though nothing negative will happen to him.

If he hasn't delivered the gun he can be a dick and cancel the transaction.

[revkev]

Thanks. Gun is in my safe with the DROS.

[ef9boy88]

Sounds like Ammo bros.

[revkev]

No, not them, but good to know...I won't name names
DIVEN LUI at Victory Firearms. Dude needs anger management STAT.

[Chewy65]

There are two questions. While a dealer may have the right to cancel per the DOJ, they may be liable for damages for breach of contract if they cancel without good cause. Regardless, they delivered.

[allpoint]

FBI San Diego JTTF sent out a letter of "Potential Indicators of Terrorist Activities Related to Firearms Shops and Ranges" and there is a paragraph that states: "Exercise your right to decline a transaction if the customer appears nervous or uneasy, avoid eye contact or if you are unsure the sale is legal." I think this is your catch-all letter to decline a transfer, which I've felt very suspicious.

[kemasa]

It does not matter if your ID just has your middle initial, what matters is what your middle name is. If your ID has "M" for your middle name, but your middle name is really "Mark", then you need to write "Mark" down, not just M with the IO notation. Remember any false statements is illegal on a Federal form.

If your middle name is just an initial, then you need to mark it with "IO", but you do need to make it obvious, so using a hyphen makes sense: M - IO, M (IO), M "IO", etc. so that it does not look like your middle name is MIO.

Not checking the box on the 4473 is a problem for the FFL. He should have checked that at the start and checked it again at pickup. He should be nice in attempting to get you to go back, but then again after it is all signed it is not supposed to be changed, but instead copied and then the copy modified.

The FFL can refuse to transfer a firearm for any reason, but not after it was already transferred. If the FFL were to cancel the DROS after the firearm was delivered, they will have a lot of problems. The copy of the DROS should say that it was delivered on it, top right part of the printout.