Delayed DROS/Delivery?

[EBR Works]

Hypothetical scenario:

Buyer wants specific last in stock gun and is willing to drive 50+ miles to dealer location. Dealer would take payment in full for firearm. Buyer states he cannot return to pickup firearm for 40+ days due to travel abroad. Buyer would complete 4473 and dealer would use DROS worksheet to gather all pertinent data, signatures & thumb print. Dealer would hold firearm and worksheet until purchaser notifes him that he will be able to pickup in 10 days. Dealer processes DROS electronically at that time. Buyer returns to pickup at completion of 10 days happy that he doesn't have to make a third trip to the FFL location.

Firearm never leaves FFL's possession & gun is paid in full.

Is this a legal scenario?

Thanks.

[BannedinBritain]

Nothing wrong with that.

[EBR Works]

Great! Here I thought I had stumped the collective FFL mind with 40 views and no responses. I'll call the client and do the deal. Thanks.

[GoingQuiet]

Don't forget the 4473 re-cert! Oh wait, this is California where nothing is picked up the same day.....

I weep for the future.

[EBR Works]

Don't forget the 4473 re-cert! Oh wait, this is California where nothing is picked up the same day.....

.

Tease..

[kemasa]

Don't forget that you have to swipe the DL/ID when the person picks it up. Yes, it is pointless, but it is the law. You can also do it in advance, but it has to be done. The process is similar to a gunshow sle where you don't have a computer.

http://ag.ca.gov/firearms/dlrfaqs.php#1

1. Can I initiate a DROS at a gun show without swiping the purchaser's DMV issued driver's license or identification card if I am unable to use my DOJ-issued or privately owned PC at the show/event?

Yes. You may initiate a DROS at a gun show using a paper DROS worksheet. Upon return to your business location, you may manually input the information into your DOJ-issued or privately owned PC using the keyboard. Please remember, the 10-day waiting period does not begin until you submit the DROS to DOJ using your DOJ-issued or privately owned PC and receive a DROS number. Additionally, prior to the delivery of the firearm, you must swipe the purchaser's DMV issued driver's license/identification card through your DOJ-issued magnetic card swipe reader. Then, print out and attach the information to the copy of the DROS that is retained in your dealership records. Following this process complies with the requirement as long as the information on the purchaser's DMV printout matches the same information recorded on the DROS. Detailed instructions for this process are as follows:

Click on the Windows "Start" menu located in the bottom left-hand corner of the screen. From the "start" menu choose "Programs" then select "Accessories" then select "WordPad". Next, swipe the purchaser's DMV card through the reader and the information will automatically transfer to the WordPad screen on your PC. Finally, to print the information, choose "File" from within the WordPad program application and select "Print" and then click "ok".

[EBR Works]

Understood. Is there any time requirement for the FFL to submit the DROS once the worksheet is completed?
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[kemasa]

No time frame that I am aware of. It does say:

Please remember, the 10-day waiting period does not begin until you submit the DROS to DOJ using your DOJ-issued or privately owned PC and receive a DROS number.

It does not mention that you have to do it within some period of time, so I would assume that if there was a time period it would be listed. I suspect it is something that they have never thought of. It does raise the interesting issue of a person who purchases multiple handguns and the number of times that they have to come back. Doing it this way would mean that they could reduce the number of times that they have to come back. I am not sure that I would want to remember to submit the DROS, but it is an option.

[EBR Works]

I suspect it is something that they have never thought of. It does raise the interesting issue of a person who purchases multiple handguns and the number of times that they have to come back. Doing it this way would mean that they could reduce the number of times that they have to come back. I am not sure that I would want to remember to submit the DROS, but it is an option.

Very interesting....

[glock_this]

Sorry if I show ignorance... but why couldn't buyer just send in a check or MO as a "deposit" to hold the gun and then just do the deal when he got back in town? Seems much, much easier from all sides and timeliness then don't matter.

[kemasa]

It could be done that way, but if the person wants to look at the firearm, they need to come out. Then they would need to come out to start the paperwork and then 10-29 days later come back again. This means three trips and it was mentioned that the person lives 50+ miles away, so with the current price of gas, that can be quite expensive.

If the person wants to pay without seeing it, then they could just send the money.

[glock_this]

I figured that since the OP said "Buyer wants specific last in stock gun" 3 trips are not needed as the buyer wants it. Period. So only 2 trips needed. I took that sentence as the guy knows the gun or knows enough to know he wants it no matter what.

With current technology, and price of gas as you mention, digital photos could certainly suffice for 1 trip. But it this case, all that seems settled as "Buyer wants specific last in stock gun".

It seems that just taking a deposit now is much easier on everyone in terms of timing, paperwork, effort, etc.

[EBR Works]

That's it exactly. He wanted the "girlfriend experience" with his new toy.

[kemasa]

Clearly, there are many ways to deal with things, but to be quite honest this way of doing things does bring up an interesting way to deal with multiple handgun purchases. Also, in this case it allows for the person to pick up the firearm soon after getting back, rather than waiting an additional 10 days.

[glock_this]

Yep, the 10 day savings on the back end is certainly a big bonus to the buyer, but seems like more of a PITA for the FFL. But hey, good for EBR to be willing to give it a 'shot' and work with the buyer.

I only piped in as it seemed like "if" it was to much effort for EBR in the end based on answers he got, then just taking the deposit would be a way to still get the deal done as I am sure the buyer, if they want it that bad, would go for it.