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  • #16
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    That doesn't matter in the least in terms of the DROS. Even though it may be bogus, a FFL can't deliver, even on paper, to someone who they know to be prohibited and the TRO is the reason.
    Kemasa.
    False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

    Don't tell someone to read the rules he wrote or tell him that he is wrong.

    Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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    • #17
      cliffv
      Member
      • Nov 2011
      • 180

      Originally posted by acespawnshop
      How in the world can you in good faith click deliver gun and then sign the DROS to a guy who just told you they're prohibited? It seems pretty clear the only option is to cancel the DROS.
      Well, the best part is, I haven't and will not at this time.
      The answer is, as previously mentioned, to let the DROS expire, store the gun until I hear from the customer, and let him decide on the next course of action. The gun is still in my inventory and will remain there until such time that he tells me how he wishes to proceed.
      Just brainstorming with myself on if I offer to refund his money and cancel the DROS (minus fees of course).



      Sent from my LM-V405 using Tapatalk

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      • #18
        kemasa
        I need a LIFE!!
        • Jun 2005
        • 10706

        Originally posted by acespawnshop
        How in the world can you in good faith click deliver gun and then sign the DROS to a guy who just told you they're prohibited? It seems pretty clear the only option is to cancel the DROS.
        The 4473 would need to be signed again by the buyer, as well as by the FFL.I agree, only one option.

        What is clear to some seems not to be clear to others.
        Kemasa.
        False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

        Don't tell someone to read the rules he wrote or tell him that he is wrong.

        Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

        Comment

        • #19
          Tyke8319
          CGN/CGSSA Contributor
          CGN Contributor
          • Nov 2013
          • 2105

          Originally posted by kemasa
          Realize that as a federally licensed dealer that regardless as to what a judge says, you have to follow the law, which means except for gunsmith work, you have to 4473 it back to the person with all the requirements.

          Roger that...
          American soldier by choice. Made in America by the Grace of God.

          So, now it is ironic that the State whittles away at the right of its citizens to defend themselves from the possible oppression of their State.
          Judge Roger T. Benitez
          LCM's ruled legal 3/29/2019

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          • #20
            five.five-six
            CGN Contributor
            • May 2006
            • 34870

            Originally posted by kemasa
            That doesn't matter in the least in terms of the DROS. Even though it may be bogus, a FFL can't deliver, even on paper, to someone who they know to be prohibited and the TRO is the reason.

            Comment

            • #21
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              Yep, it is an abusive law. People act like the red flag laws are something new, but it is really an extension of existing bad laws.

              One person I knew got a restraining order from his brother. He didn't want to talk to him as he was a nut, so he ignored it, not realizing that it took away his right to have a gun, then it was a lot more difficult to fight it.
              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #22
                taperxz
                I need a LIFE!!
                • Feb 2010
                • 19395

                Originally posted by acespawnshop
                How in the world can you in good faith click deliver gun and then sign the DROS to a guy who just told you they're prohibited? It seems pretty clear the only option is to cancel the DROS.
                Discretion. One situation was where a wife was abused by her husband multiple times. He came back to abuse her and she hit him over the head with something. He then filed. 10 days later the courts killed the restraining order against her. I was told unofficially by locals in government that her attempt to get a gun was to protect herself from her abuser. (its a small town)

                DOJ approved the the sale and she got her gun. LE had no issue with this and neither did my lawyer,

                Comment

                • #23
                  pacrat
                  I need a LIFE!!
                  • May 2014
                  • 10283

                  BullPucky

                  Even Emergency TROs. Requested by LE to protect a victim go before an actual judge. LA Superior Crt has a list of Judges available to LE. 24 hr a day, for just such contingency.

                  A lot of misinformation included in that post. Even the New Red Flag laws, as I stated go before a judge. [and give 15 days for response]. And a TRO is in force for as long as the Judge says "Temp Is" on the order. Most are for not longer than 3 yrs. And a Perm RO is for a term of 7 yrs. to comply with SOL of most felony charges.

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