Question re how to deal with "illegal" charges

[HokeySon]

Folks:

I would like your advice on how to deal with an FFL that is charging a $5.00 "storage" charge on a ppt as well as the ordinary $35 charge. I realize that is not permitted, but I do not really want to get the FFL in trouble with DOJ -- at least not as a first move. I would prefer to "educate" him and also get my $5 back when I pick up the gun (the FFL is also imposing a 11 day wait, but I am not going to complain about that bc I can't get back there in 10 days anyway). By the way, the fee (and extra waiting day) was just put on the hand written receipt after all the required paperwork was done, so by then I just wanted to get the process started rather than go somewhere else.

Any advice on how to approach this -- I do intend to be nice of course. Is there a simple piece of paper I can show him so his can see the errors of his ways?

Thanks for any help.

[Capt_Communist]

I'd say give us a heads up on which FFL and take your business somewhere else

[kemasa]

Hopefully you used a credit card :-). Once you get the firearm safely out of the place, talk to them and bring a printout showing that they can not charge the extra. Also have the CA DOJ phone number so that they can call, if they like.

[Quiet]

Show the FFL dealer a copy of the law [PC 12082].
Point out the part in bold.

Penal Code 12082
(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. 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 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction.
(b) The Attorney General shall adopt regulations under this section to do all of the following:
(1) Allow the seller or transferor or the person loaning the firearm, and the purchaser or transferee or the person being loaned the firearm, to complete a sale, loan, or transfer through a dealer, and to allow those persons and the dealer to comply with the requirements of this section and Sections 12071, 12072, 12076, and 12077 and to preserve the confidentiality of those records.
(2) Where a personal handgun importer is selling or transferring a pistol, revolver, or other firearm capable of being concealed upon the person to comply with clause (ii) of subparagraph (A) of paragraph (2) of subdivision (f) of Section 12072, to allow a personal handgun importer's ownership of the pistol, revolver, or other firearm capable of being concealed upon the person being sold or transferred to be recorded in a manner that if the firearm is returned to that personal handgun importer because the sale or transfer cannot be completed, the Department of Justice will have sufficient information about that personal handgun importer so that a record of his or her ownership can be maintained in the registry provided by subdivision (c) of Section 11106.
(3) Ensure that the register or record of electronic transfer shall state the name and address of the seller or transferor of the firearm or the person loaning the firearm and whether or not the person is a personal handgun importer in addition to any other information required by Section 12077.
(c) Notwithstanding any other provision of law, a dealer who does not sell, transfer, or keep an inventory of handguns is not required to process private party transfers of handguns.
(d) A violation of this section by a dealer is a misdemeanor.

[HokeySon]

thank you Quiet.

to respond to the other posters on who the FFL is -- it is Magnum Range in Rancho Cucamonga. Seems like a nice place actually -- other than this one issue. They had some pretty good prices on guns in their cases I thought. Maybe the extra $5 ppt fees allow them to discount other prices??? JK.

thanks again.

[kemasa]

It does not matter if they discount other prices due to the $5, it is still illegal.

[HokeySon]

It does not matter if they discount other prices due to the $5, it is still illegal.

I know. it was a joke. JK=Just kidding.

[kemasa]

A difference in communications, I am used to :-).

[foxtrotuniformlima]

I'd make sure I had the gun in had before I started "educating" them.

If they refuse to refund after showing them the law, simply call the CA DOJ. They will educate them.

My experience with this went OK. I got my refund and I'm pretty sure they got educated by the DOJ.

Good Luck

[greyhd]

thank you Quiet.

to respond to the other posters on who the FFL is -- it is Magnum Range in Rancho Cucamonga. Seems like a nice place actually -- other than this one issue. They had some pretty good prices on guns in their cases I thought. Maybe the extra $5 ppt fees allow them to discount other prices??? JK.

thanks again.

Thats kinda funny. When I was reading your the original post I was betting it was Magnum Range.

I had the same issue, although I never said anything as they handled the PPT really smoothly.

[todd2968]

CA DOJ 1 916 263-4887
1 916 263-8100
Report him have a receipt to prove it