DROS denied...

[billprestonesquire]

ok, maybe a stupid question, but please bare with me:

let's say i purchased a firearm via PPT. DROS was filed with an FFL and money was exchanged. what happens when i go to pick it up and find out that i have been denied by the DOJ.

a couple years ago i tired to purchase a revolver . when i went to go pick it up i found out that i had indeed been denied. this was not a PPT but instead was direct from a FFL storefront. they couldn't tell me why i had been denied but told me i should check out my status with the DMV. it turns out that i had neglected to pay a moving violation. i paid off the ticket, filed and paid for new DROS and was holding my new revolver in 10 days. so, i am wondering what happens when someone who purchased via PPT is denied. is the FFL obligated to hold that firearm till a new DROS is filed and cleared? hypothetically, what if the purchaser can't be cleared? does the FFL now own the firearm or does it still belong to the original owner? i don't plan on having this happen to me but i am am just very curious.

thanks for any answers,

-Shanti

[Ed_Hazard]

Well since the new DROS was never completed the firearm would still be registered to the owner of record (seller). The dealer could only release it to that person and it would be up to the buyer and seller to arange refunds and such. I could be wrong though and am sure more knowledgeable people will chime in if that is the case.

[tenpercentfirearms]

The penal code covers this. The gun gets returned back to the seller. However, they also do a background check on the seller before they issue the denial and if the seller is also prohibited, then the firearm must be turned over to law enforcement.

[halifax]

The penal code covers this. The gun gets returned back to the seller. However, they also do a background check on the seller before they issue the denial and if the seller is also prohibited, then the firearm must be turned over to law enforcement.

^This, and as for the "money was exchanged", that becomes a civil matter.

[billprestonesquire]

aaah. that makes sense. thanks guys!

[fishhoppa]

The penal code covers this. The gun gets returned back to the seller. However, they also do a background check on the seller before they issue the denial and if the seller is also prohibited, then the firearm must be turned over to law enforcement.

Will the seller be charged for his background check if the buyer turns out to be prohibited?

[CSACANNONEER]

Will the seller be charged for his background check if the buyer turns out to be prohibited?

Of course, you don't think the state would do it for free. Also, I believe that the original seller would need to wait ten days before picking it up.

[tenpercentfirearms]

The background check is performed under the original $25 DROS. No extra money or effort is required by the FFL. Basically, if the guy gets denied, they either don't notify you right away or they put it on delay while they check the seller. Once the seller is cleared, then they deny the buyer.

If both are denied, I don't know what they do. I think it goes to delay and then they probably send the coppers to come pick it up. Similar to Capt. Speirs stolen handgun PPT he went through.

[fishhoppa]

Thanks for the answers. Was thinking about selling, so I'm curious about the potential scenarios!

[REH]

Of course, you don't think the state would do it for free. Also, I believe that the original seller would need to wait ten days before picking it up.

I had a buyer who was denied. Received the call from DOJ for the denial, and the lady checked the seller while we were on the phone. She then gave me the OK to return to the seller. There were no additional fees.