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Receiving FFL and Buyer Never Comes in to DROS

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  • code33
    Senior Member
    • Nov 2004
    • 971

    Receiving FFL and Buyer Never Comes in to DROS

    So a guy has decided to use you as the receiving FFL for a firearm. After the shipment arrives, you call the guy to let him know that his gun arrived so he can come into start the DROS. The guy never comes in and you've made attempts to contact him by phone and registered mail stating that if he doesn't show up after an X amount of days, the gun will be returned to the originating party.

    You wait well past the number of days then attempt to contact the originating party to let them know that you are kicking the gun back to them since the receiving party never showed up to DROS. Problem now is that you can't get a hold of the originating party. e.g. Originating FFL gone or private party moved.

    So what do you do with the gun?
    Disclaimer:
    I am not a lawyer. Nothing in my posts should be considered legal advice.

    Got ORI?

    Front Sight Diamond Member
  • #2
    jtmkinsd
    Senior Member
    • Mar 2010
    • 2352

    Originally posted by code33
    So a guy has decided to use you as the receiving FFL for a firearm. After the shipment arrives, you call the guy to let him know that his gun arrived so he can come into start the DROS. The guy never comes in and you've made attempts to contact him by phone and registered mail stating that if he doesn't show up after an X amount of days, the gun will be returned to the originating party.

    You wait well past the number of days then attempt to contact the originating party to let them know that you are kicking the gun back to them since the receiving party never showed up to DROS. Problem now is that you can't get a hold of the originating party. e.g. Originating FFL gone or private party moved.

    So what do you do with the gun?
    Seems a bit out there...never had anything come close to that point...but, if after all attempts to even contact someone fail, the gun becomes mine...I transfer it into my inventory and dispose of it how I see fit...if I really like it, I may just transfer it to my personal book.
    Last edited by jtmkinsd; 01-01-2011, 12:48 AM.
    Originally posted by orangeglo
    Welcome to failtown, population = you.

    Comment

    • #3
      bjl333
      C3 Contributor
      CGN Contributor - Lifetime
      • Dec 2009
      • 7010

      Originally posted by jtmkinsd
      Seems a bit out there...never had anything come close to that point...but, if after all attempts to even contact someone fail, the gun becomes mine...I transfer it into my inventory and dispose of it how I see fit...if I really like it, I may just transfer it to my personal book.
      I think thats fair !! After a certain amount of time for storage fee then its yours. Just like an impound yard, you don't pick up your ride, you lose ride !!! Simple ... Enjoy your new gun ...
      Wanna learn to shoot SKEET? I am here to introduce all shooters to the sport of SKEET Shooting ....
      CLICK HERE TO FIND OUT >>> SoCal Skeet Clinic
      SKEET SHOOTING CLINIC
      sigpic

      Comment

      • #4
        tenpercentfirearms
        Vendor/Retailer
        • Apr 2005
        • 13007

        That is what my policy is. I still haven't done it yet, but I have lowers that have been in my safe for years.
        www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

        Comment

        • #5
          negolien
          Veteran Member
          • Sep 2010
          • 4829

          Originally posted by tenpercentfirearms
          That is what my policy is. I still haven't done it yet, but I have lowers that have been in my safe for years.
          Really? You should hook a Brother up with a 24" freefloating upper with a bi-pod stud for cheap cheap ...
          "Men sleep peacefully in their beds at night because rough men stand ready to do violence on their behalf."

          George Orwell

          http://www.AnySoldier.com

          Comment

          • #6
            Capt_Communist
            Senior Member
            • Dec 2009
            • 851

            What I ended up doing when I had the situation come up was transfer it to the sheriff's department as unclaimed property...

            in my case the seller didn't want the gun back because he already got paid, and didn't want a headache... I didn't want to store it anymore than the 6+ months I had it, and I was getting tired of trying to chase the customer down....


            Good luck

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              I have a policy that if a firearm is left over 30 days, there is a storage charge and if left over 45 days, it becomes mine and I have a customer agreement which is signed, so they can not say that they were not aware of it. I have not had to make use of that, but if you have a store policy and it is known, then it is much easier. Otherwise, I would think that after 60 days, it would be considered abandon.

              Personally, I don't see the point in turning it over to the Sheriff since the FFL can basically make the case that they have a lien on the property for services (receiving it). It is much like vehicle repairs. It might be best to send a registered letter to both the seller and the buyer to show that you made the attempt to get someone to claim 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

              • #8
                OCArmory
                Senior Member
                • Jun 2008
                • 1321

                I have a couple pistols that have been in my safe for almost 2 years. Customer was deported and sender doesn't want the guns back.
                Mike

                Comment

                • #9
                  kemasa
                  I need a LIFE!!
                  • Jun 2005
                  • 10706

                  I have to ask why you would keep such a firearm for years. After all that time I would consider the firearms abandon.
                  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

                  • #10
                    GoingQuiet
                    Vendor/Retailer
                    • Oct 2010
                    • 2729

                    Hasn't happened to me yet - but I'd treat it as found property and look at your state's found property laws.

                    If I can't transfer it and I can't ship it back - after that long, I'd call it mine by way of mechanics lien.
                    GoingQuiet.com, 07/02 FFL
                    Melbourne, FL
                    321-917-0760
                    PRIVATE MESSAGES SENT TO THIS ACCOUNT ARE NOT CHECKED - instead, email sales@goingquiet.com

                    Comment

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