Question for 2nd hand dealers: FFL screwed up consignment acquisition serial #

[SkyHawk]

I DROSd a pistol on consignment yesterday after waiting for the 30-day second hand dealer hold period to elapse.

Then I noticed they used the wrong number on the DROS for the serial. They used the assembly number from the cylinder crane not the serial number on the butt.

Then I also noticed they had used the same incorrect number on the hang tag. When I pointed out the mistake and asked them about it, they also confirmed they used the wrong number in the acquisition system.

So what should or might happen next? The 30-day hold to examine stolen records before resale was for a serial number that did not exist. Now I am in a 10-day wait as the buyer.

I seriously doubt this is a stolen gun and that is not my concern, I am just curious what second hand dealers would do in this scenario?

[WOODY2]

Not a second hand dealer but why buy into a problem? Just have them correct their error and re-DROS. Then everyone involved is squeaky clean. You're only out some time.

[medicdubs96]

He can submit a BOF 941 form "acquisition correction form for firearms", its under "forms" in the DES system. He can then also correct the DROS Serial number without re-dros'ing it. You can only make one correction submission though.

[SkyHawk]

Not a second hand dealer but why buy into a problem? Just have them correct their error and re-DROS. Then everyone involved is squeaky clean. You're only out some time.

No need to Re-DROS because they can make a correction to the serial number on the DROS.

And perhaps they can correct the acquisition submission too.

Here is what I am wondering though:
- When a second hand dealer makes an acquisition, they enter it into DES (FDAS?) and must wait 30 days before resale. This 30 day wait gives law enforcement time to run it and see if it is stolen or wanted.

- If the dealer screws up the serial number when entering the acquisition and then finds out 30 days later, it seems that a new 30 day wait should start before selling it, so law enforcement has time to check the actual serial number.

Like I said this is just an academic discussion, I am not worried about it and the DROS will be corrected, I am more curious what 2nd hand dealers / Pawn shops think or know about this scenario.

Thanks,

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=21636

21636.
(a) Every secondhand dealer and coin dealer shall retain in his or her possession for a period of 30 days all firearms reported under Section 21628.2. The 30-day holding period with respect to firearms shall commence with the date the report of its acquisition was made electronically to the Department of Justice by the secondhand dealer and coin dealer. The Department of Justice may for good cause authorize prior disposition of any firearms described in a specific report, provided that a secondhand dealer who disposes of firearms pursuant to that authorization shall report the sale thereof to the Department of Justice.

(b) During the 30-day holding period specified in subdivision (a), every secondhand dealer and coin dealer shall produce any firearm reported under Section 21628.2 for inspection by any peace officer or employee designated by the Department of Justice.

(c) Firearms subject to inspection as specified in subdivision (b) and firearms held in pawn that are stored off the business premises of the licensee shall, upon request for inspection, be produced at the licensee’s business premises within one business day of a request.

[Nardo1895]

Skyhawk, I think you are spot on. If the SN in the acquisition system is wrong, the 30 day wait needs to start over. But I believe the risk is on the dealer, not on you. DROS will also pick up if the firearm is stolen. I have read posts on this forum where a firearm cleared the 30 days but then came back as stolen when the DROS was run.

If it was me, I would insist on correcting the SN and restarting the 30 day clock.

I'm not sure how correcting the DROS would work though, as the firearm would be ready for DROS delivery before the new 30 day clock completes.

I would also make it right with the customer. Either offer to return the firearm for full refund (including DROS), or something to compensate for your inconvenience due to my error.

[sass2924]

Here is what I am wondering though:
- When a second hand dealer makes an acquisition, they enter it into DES (FDAS?) and must wait 30 days before resale. This 30 day wait gives law enforcement time to run it and see if it is stolen or wanted.

- If the dealer screws up the serial number when entering the acquisition and then finds out 30 days later, it seems that a new 30 day wait should start before selling it, so law enforcement has time to check the actual serial number.

Like I said this is just an academic discussion, I am not worried about it and the DROS will be corrected, I am more curious what 2nd hand dealers / Pawn shops think or know about this scenario.

Thanks,

https://leginfo.legislature.ca.gov/f...ctionNum=21636

In the last couple of years we have had 2 guns come back as stolen. Neither one was flagged on the FDAS, both showed up when we tried to DROS. I do not think the DOJ looks at any of the FDAS records, just a data base for some future project.

[taperxz]

They need to fix the acquisition, wait and re DROS on day 20

[taperxz]

I DROSd a pistol on consignment yesterday after waiting for the 30-day second hand dealer hold period to elapse.

Then I noticed they used the wrong number on the DROS for the serial. They used the assembly number from the cylinder crane not the serial number on the butt.

Then I also noticed they had used the same incorrect number on the hang tag. When I pointed out the mistake and asked them about it, they also confirmed they used the wrong number in the acquisition system.

So what should or might happen next? The 30-day hold to examine stolen records before resale was for a serial number that did not exist. Now I am in a 10-day wait as the buyer.

I seriously doubt this is a stolen gun and that is not my concern, I am just curious what second hand dealers would do in this scenario?

Yes! I’m Monday morning quarterbacking, especially when buying a used gun, check the serial number. Mistakes happen especially when an old gun has multiple numbers on them.

Check all guns but honestly, the old ones are when this stuff usually happens

[edgerly779]

So the wrong serial number was run to see if stolen. Doesn't that negate the initial 30 day period.

[Nardo1895]

This is a bit off topic but I got an email from DOJ about a month ago about fixing a SN on a firearm that I had DROSed. The guy I transferred it to subsequently sold it and sent in a "No Longer in Possession" form to DOJ. Somehow that process picked up the SN issue. It was an import and had a cursive D followed by a space and then the numerical part of the SN. I had left out the D as I didn't recognize it as a D and didn't think it was part of the SN. They sent me a photo and using my imagination I could barely make out the cursive D. They wanted me to do a DROS correction which I tried to do, but the system would not let me. I had delivered the gun via the C&R/COE process and the COE had expired so it would not let me correct the SN field. Somehow they fixed it on their end.

[SkyHawk]

Very interesting info and stories, thanks for sharing!

[acespawnshop]

So what should or might happen next? The 30-day hold to examine stolen records before resale was for a serial number that did not exist. Now I am in a 10-day wait as the buyer.

I seriously doubt this is a stolen gun and that is not my concern, I am just curious what second hand dealers would do in this scenario?

Ok. Pawnbroker license is essentially an implied 2nd hand license as its understood we are pawning and buying from the public for resale. Same application still too if I remember correctly.

That being said. I have had several guns in 10 years that we ran thru the FDAS (old DROS system) And the DES Acquistion system currently in use where we never heard anything about the firearm in question possibly being stolen. Only once they were DROSed to a customer did DOJ follow up with us on the possiblity of these being stolen (both cases they were not and after the Sheriff got involved they deteremined that it was not the same gun that was reported to the National registry of stolen firearms)

So that being said. It seems to me in my limited expierence with this the DOJ is not doing a check on these firearms that go into the FDAS and the Acquisition on the DES to see if they are infact on the list of stolen firearms.

If the DROS has been corrected to the correct serial number and you get the approval on the DROS you should be fine.

Now, that doesn't mean that the dealer who took it on consignment will not be in hot water for not correcting their acquistion paperwork. They should have, when they found out their mistake, contacted the DOJ to see how to correct an acquistion, I think its a mail in correction I've never had to do it myself. OR they should have had the consignor come back and redo the acquistion correctly. Wait 30 days and then proceed with the sale. Just my $.02 on how I would have handled it.

Hope that helps you Sky


EDIT:

He can submit a BOF 941 form "acquisition correction form for firearms", its under "forms" in the DES system. He can then also correct the DROS Serial number without re-dros'ing it. You can only make one correction submission though.

Should have read the entire thread before I chimed in. Yes the dealer should have done that BOF form 941. And then corrected the DROS for the correct serial number and then proceed with the delivery once its approved.

[SkyHawk]

^^^^^ Thanks for the info!