So. Cal./OC Gun Store Refusing to Release Handgun

[beemaze]

I went to a gun store in the OC, which has been open less than a year, to pick up a store-purchased handgun I DROS'd. It was DROS'd under the 30 Day Multiple Purchase Exemption since I have a valid C&R and COE. When I arrived to pick it up after the obligatory 10 day waiting period and before the 30 day DROS "expiration.", the salesperson and manager refused to release the handgun to me, stating that they were not sure the 30 Day Multiple Purchase Exemption was valid. When I asked if they had received a denial from the CA DOJ, they said "no". When I showed them the written statute regarding my exemption, they said they weren't too sure this applied to a modern handgun or curio and relic handgun (although the statute does not distinguish between the two when it comes to the 30 day multiple purchase exemption.) When I asked them to call the CA DOJ, they did so and stated nobody answered and they left a message. The manager basically told me there was nothing that could be done until they get "clarification" from the CA DOJ. I left the store empty handed without the gun I bought, paid in full, and legally DROS'd as far as I'm concerned.

My question is this: What recourse do I have at this point?

[ocspeedracer]

call the police. stolen firearm. Actually that would likely lead to your gun being confiscated.
In all reality you could have your lawyer call them up and threaten.

[safewaysecurity]

Don't hate the player hate the game.

[BayAreaShooter]

I say wait until the next day that they are open and find out when the DOJ is open for calls. Go in and if they give you problem again then have them call the DOJ. If they do the same thing call the DOJ yourself right in front of them and hand them the phone.

[Ed_Hazard]

Return the gun, demand they refund your DROS fee as they ran the DROS and at the time they accepted the exemption. Then shop elsewhere and out them on the forum so we can riddicule them.

Or you could direct them Calguns so they can educate themselves.

[beemaze]

Return the gun, demand they refund your DROS fee as they ran the DROS and at the time they accepted the exemption. Then shop elsewhere and out them on the forum so we can riddicule them.

Or you could direct them Calguns so they can educate themselves.

At this point I am giving them the benefit of the doubt. Unfortunately, they are not just a gun store, as they sell some sporting goods, archery, fishing & hunting stuff too. They seemed just overly cautious since they've only been around less than a year, and unfortunately ignorant of the law.

If it comes to a head and I don't get my gun, then yes, I will out them here and elsewhere.

I already tried "education" by giving them a copy of CA's Gun laws verbatim and at least they made a copy. They seemed sincere and were apologetic. But I'm just preparing for the worst case scenario.

[scoot64]

When u prove them wrong ask them how they are going to make good on their f**k up, since you are not happy with the situation.

[FNH5-7]

I agree with the others have them refund your every penny including DROS.

[macey109]

If it's already been dros'ed they can't refund the money. They're just trying to be cautious...

Their not bad guys over there (I am a decent customer). It's frustrating that this was not laid out up front.

I would ask for the owner and cordially explain that you were up front when purchasing the weapon thus it's upsetting/concerning that when it came time to pick it up it was not released, even though there were no problems cited from DOJ. I'd go further and explain how I completely understand his need to be cautious but you'd really appreciate his help in expedtiting the resolution ASAP.

When he resolves it (which I think, and hope, he will) and hands you the weapon- tell him how much you like his nice big new store then tell him how pissed and upset you really were and ask him: How are you going to help me to make sure that I keep coming back to your store and recomend it to my friends? If you were me- how would you feel?(cordial yet stern)



if it goes in the opposite direction: do not loose your cool! I would go down to my local sheriff station and explain the situation to them and ask for their guidance..unless you have any friends who are good lawyers (hiring them gets expensive quickly!!!-)


- my two cents (on a good day worth a penny)

[beemaze]

Here's the follow up: It's not looking good....

Basically the sales rep from Field Time, yes Field Time Sports and Guns http://www.fieldtimesportsandguns.com/ called me back and said they spoke with CA DOJ, and that the C&R + COE 30 Day Multiple Exemption did not apply to this handgun, since it was not a Curio & Relic. They gave me the name of the technician at CA DOJ and their number that claims this is the case.

Now they want me to re-DROS it and cancel the previous DROS. Unacceptable. I'm calling the DOJ next week in the store and if this is not resolved, then I will obtain a full refund either through them or through my credit card company.

[ke6guj]

If it's already been dros'ed they can't refund the money.

sure they can. If they decide that they don't feel that the C&R+COE exemption to the 30-day rule doesn't apply to modern handguns, then they should not have DROSed it. Even though the $25 DROS fee is sent to CADOJ, and CADOJ won't return it, that doesn't mean that the shop can't refund the fee out of their own pocket, as a good will gesture for doing the DROS in the first place when they didn't understand the law.

[darkest2000]

Yet another BS from the DOJ.

[beemaze]

What's even more pathetic is I have showed the store this:

http://www.ag.ca.gov/firearms/pubfaqs.php#23

Which basically contradicts what the "technician" supposedly told them...

[jtmkinsd]

What's even more pathetic is I have showed the store this:

http://www.ag.ca.gov/firearms/pubfaqs.php#23

Which basically contradicts what the "technician" supposedly told them...

What you should do is call DOJ and talk to the person from DOJ who supposedly told them it was a no-go. Explain your situation calmly. If you can get that person to see the error in their ways, cool, ask them to call the store and instruct them to release the firearm. If not, ask to speak to the technicians supervisor, again, calmly.

If after all this you can't get the situation cleared up, any further attempt is futile, as you would invest more time in trying to "fix" the mess than it would take to re-DROS the firearm. You can ask that they re_DROS at no expense to you, as it was their "error" in the first place that got you here. Or you can have the gun shipped to an FFL that understands the law (more expense unfortunately)

[OCArmory]

If it was not allowed they would have received a 30 day denial. This is why the DOJ needs to make a FAQ book and put something in writing to help guide store owners. Sorry for your experience.
Mike