DROS Cancellation Question

[P.W.]

I have a question pertaining to a cancelled DROS and if the seller is required to Re-DROS the long gun back to them.

I PPT'd as the seller a mini-14 last night at Turner's in Oxnard. Purchaser asks hours after DROS is already started to cancel the transaction because it wasn't the tapered barrel 580 model he thought it was. I agree to refund him but now I am being told by Turner's that I must DROS the rifle back to me. I called up BOF and the lady stated as long as the firearm hasn't been in Turner's possession for more than 30 days they should release without DROS. I am just trying to get clarification who is correct.

Thanks in advance

[edgerly779]

Since buyer was not declined/denied that may be a tough one .it is his firearm now. You do not own it anymore.

[Jeepix]

DROS fee is lost, but the FFL should simply give you the firearm back. It was not "transferred" out of your name. Unless the laws changed.

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[P.W.]

Since buyer was not declined/denied that may be a tough one .it is his firearm now. You do not own it anymore.

The DROS was canceled less than 24hrs into the 10 days by the purchaser. How is that considered a completed transaction?

Operator 217 with CA DOJ BOF is stating that per PC 28050(d) because Turners hasn't been in possession of the long gun for a minimum of 30 days they should just release the firearm back into my possession. However the manager, Mike is stating that he was told I must complete the DROS. Mike has confirmed that this isn't a Turner policy but now they're trying to confirm with their compliance officer and whatever he states is the last call. Oh, the joys of private part transfers...

[BONECUTTER]

The DROS was canceled less than 24hrs into the 10 days by the purchaser. How is that considered a completed transaction?

Operator 217 with CA DOJ BOF is stating that per PC 28050(d) because Turners hasn't been in possession of the long gun for a minimum of 30 days they should just release the firearm back into my possession. However the manager, Mike is stating that he was told I must complete the DROS. Mike has confirmed that this isn't a Turner policy but now they're trying to confirm with their compliance officer and whatever he states is the last call. Oh, the joys of private part transfers...

28050D says 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 CAN legally deliver the firearm.

If the buyer is denied DOJ runs a check on the seller and gives the all clear. A dealer just cancelling the transaction is running the risk of giving the firearm to someone who may be prohibited. I get people all the time selling guns because they have a restraining order for a receipt for the judge. When you sell a background check is not run on the seller unless a denial happens. To much risk to the FFL for $10.00.

My auditor told me I could call the firearms clearance division and they would run a NICS on the seller in this scenario but for $10.00 how much time do I want to waste on hold with DOJ.

I would of told the seller to pound sand as it seems more like buyers remorse. If that was a big buying point the firearm would of been better inspected by him when you met to do paperwork.

[SkyHawk]

Buyer owes you big for two more round trips and a DROS fee, and all the hassle and frustration that will come from DROSing at Turners.

And why do people keep PPTing at Turners?!?

[SDnewbieshooter]

I would of told the seller to pound sand as it seems more like buyers remorse. If that was a big buying point the firearm would of been better inspected by him when you met to do paperwork.

The seller did list the gun as a 580 series. But still, the buyer should have checked and caught it at the sale when he had a chance to inspect the gun.

I don't really know what the correct thing to do here, and unfortunately OP you are at the mercy of what the manager at Turner would and would not do. I applaud you for trying to make this work even at great risk (and probably cost) to yourself.

Another thought: If the DROS hasn't been cancelled, could you just offer the buyer some money back as a discount instead?

[kemasa]

Since the DROS was cancelled, it can't be legally transferred to the buyer. That means it has to be given back to the buyer or turned over to the police under CA law. CA law doesn't require a DROS to return it.

The problem comes in that since it wasn't for gunsmith work, Federal law requires that a background check needs to be done in order to return it to the seller, as well as a 4473.

There should be, but likely isn't, terms with regards to the firearm being returned to the seller, such as no returns, no refund.

The seller knew what the firearm was at the start of DROS, so the seller could just say tough luck and its the buyer's problem, which was made worse by cancelling the DROS.

[P.W.]

Thanks for the replies, everyone. I am still waiting to hear back from Turners. I have a current COE working for a 07FFL/02SOT as a project manager, I even mentioned that to the manager figuring that would suffice for Turners figuring out if I am an eligible person for acquiring or possessing firearms seeing as my COE would be revoked if I were not an ineligible person.

This has been a learning experience for me and I just know next time to do the whole "Sales are final upon DROS" thing.

[sfe187]

Was the original ad listed correctly or incorrectly? or the model/tapered barrel was never mentioned?

If ad was listed correctly and buyer made a mistake, then by all means, pond sand or he has to reimburse time/gas and dros back to seller.

If ad was listed incorrectly, but the buyer should've always verify, then its fair each pays own dros and money refunded.

If ad never mentioned what kind of barrel and buyer who is looking for a particular barrel, buyer should verify or have asked. If after inspection, funds exchanged, dros done, then realize it the wrong barrel, to me that's on the buyer. But seller did a good gesture by refunding the buyer.

As said earlier its at the mercy of their compliance dept at this point no matter what laws/reg states what because some ffl operate on their own interpretation.