Gun resold during 10 day wait

[geeknow]

If you have a DROS number, then ownership of that gun has been transferred to you.

Explain to the ffl that, if he doesn't immediately produce either your gun, or another exactly like it, you'll file a stolen gun report naming him and his license as the suspect.

If your gun does not immediately appear, go to local LE and file. Then contact DOJ.

That's a serious "mistake" on his part.

Licenses have been lost for much less.

[Eldraque]

if they sold to someone else AFTER you, then that gun is still in the shop. go in now and take posession of your gun. if they wont give it to you, then you need to inform the gun shop that you will be calling the authorities about your stolen gun.

could be a simple mistake, given the climate im thinking someone walked in and was willing to pay twice as much as you did, so they "mistakenly" sold it to the new person hoping you will be cool and take the refund while they make an additional $1000, its shady and you need to get YOUR gun. you DROSd it first. period. mistake or not its YOUR gun.

[Xingu]

Please name the dealer. I don't want to face the same trouble you are.

[Ninety]

What if he added it into someones earlier 10day wait who saw it on the shelf and told him double the price you paid?

Sounds really shady. .. 3 mistakes? and he made 3x the money mistake.

[Arkangel86]

If you dont want to name the dealer, at least tell us what area its located in

[sundayduffer]

Name the shop.

[NoHeavyHitter]

If you have a DROS number, then ownership of that gun has been transferred to you.

I cannot begin to emphasize this enough!

The reason that I'm so adamant about this topic is that I had something similar happen to me (although it really was a mistake). In my case the vendor sent me the rifle I ordered, but it was clearly a "hand-select" as I'd never seen the type of rifle I bought in such superb condition.

My dealer DROS'ed the gun to me and 2 hours later the vendor called my FFL dealer demanding that he return it. He said it was impossible as it was *legally mine* once the DROS had been filed. The vendor got upset, but my dealer was a former DOJ employee and he knew the law first-hand.

So again, if it was DROS'ed to you - it's yours, and they're going to have to refund the other guy his money, end of story.

One final thing, if it's DROS'ed to you and you bow down and let it go to the second guy that bought it for double, then you'll need to file a "no longer in possession" form with the DOJ.

[tenpercentfirearms]

Ok, let me first of all state I am not supporting what this guy did. I sold my lowers for $150 for two days before I finally realized they were still going to sell to all of the people I have never seen before in my shop for $225 all the same.

However, you guys need an education on how to properly handle this as it is evident that you guys are about to waste a lot of your time.

First, the gun does not belong to you until you take delivery. If that were true, then the state could never deny you or put you on delay. Further, if you come in to pick up and start talking about offing your wife or how your buddy really wanted you to buy the gun because he is prohibited, it is common knowledge the shop would cancel (or at least should) the transaction right then and there.

So all of these desires to report it stolen and report it to the alphabet agencies are pointless. Absolutely pointless. No one from any of those places are going to care nor was a crime even committed.

The only traction you might have is if you can find somewhere in the business code where the seller might have some sort of contractual obligation to you. One other chance might be if you paid by credit card there might be some sort of credit card issuer rules about what the dealer did.

If you cannot find any of these things, there is nothing you can do. You can try and take it to court, but that is going to cost you money. And if the dealer is smart, they will stick to their story. How will you prove it otherwise? Subpoena their financial documents and show they sold it to another guy for more? Maybe.

Probably the best thing you could do is out the shop and warn everyone what they are doing. That is about it. However, in this current market, it won't hurt them that much. Like I just said. Almost all of the business I had this week was with completely new customers. If I screwed one of them over, most of the other customers I have would never hear about it on Calguns nor anywhere else.

Again, I would not do that to a gun in DROS and certainly not to a regular customer. I am not defending the guy's actions, I am trying to help you be smarter and more educated Calgunners.

My dealer DROS'ed the gun to me and 2 hours later the vendor called my FFL dealer demanding that he return it. He said it was impossible as it was *legally mine* once the DROS had been filed. The vendor got upset, but my dealer was a former DOJ employee and he knew the law first-hand.

This is actually incorrect. The gun was yours as soon as the other guy shipped it. For shipping firearms, once the payment is received and the item is shipped, it belongs to you. I know this from the Fulton Armory debacle back in 2005.

However, at my gun store where I own the merchandise, the gun is not yours until I deliver it. I could even get crooked and claim I thought it was a straw purchase. Something just didn't seem right about you. So I canceled the DROS and gave you a full refund.

What your dealer did was effectively bluffed the seller. That is all you guys would be doing if you tried any of these tactics on this dealer. Give them a try. They might work. My guess is your gun is long gone and he couldn't replace it even if he was scared he was going to go to jail.

[thehummerguy]

folks, the only form that dealer has with any info about the rifle is the 4473, no s/n on dros to doj, its just a background check...but you know this.
so if the dealer is really shady he destroyed the 4473 you signed, if you had that copy you are golden and dealer is in hella deep with a few agencys.
But i agree, I would cal DOJ and an ATF field office in the area.
Either way, the dealer seems to have no issue screwing you over and not the 2nd guy tells me its profit driven motivation....did you not ask him why he could not get the rifle back from the other guy? or that you know the rifle is still in the store?, unless he sold to a guy after he had already Dros another long gun and was able to pickup more on pickup day...assuming that dealer put in more then 1 longgun.

[thehummerguy]

oh, and why won't you tell us who this dealer is? sorry, but i would be flaming this fool...but thats me.

[MRS]

Gun resold during 10 day wait

The shop name may come up later. Especially if we can't resolve it. No worries as they have no AR/Aks to sell for a while. This is just that, a seriously shady situation. I have spent money in the shop and would have continued to do so. I am also certain I was on the GUN first as I opened its seal, removed it from the box myself and exmained first. It was opened by the dealer and handed to me, I opened it. My biggest asset as of now is their desire to keep their name good. If I post the shops name they will burn me worse, that is certain. I appreciate all the advice. I really just want my gun. Everyone has a price, that's obvious. The statement of this happening to all three guns they had is pretty blatant. My gun was never racked or displayed, they received it only a few days before. I also think this owner is feeling impending doom as a builder seller of AK/ARs, without any remaining stock. He is looking to get what he can now to survive the machine. I also agree this guy is assuming I am going to just piss off. They had the gun in the shop, just don't want to pay back cash to a better paying buyer. Real POS. Thanks all

[MRS]

Gun resold during 10 day wait

FYI: It was not opened by the dealer, I opnened it.

[spamsucker]

they're clearly crooks, name and shame! get bad players shut down or we ALL pay the price. Jeeze, can't you think beyond yourself for one second?

[spamsucker]

they're clearly crooks, name and shame! get bad players shut down or we ALL pay the price. Jeeze, can't you think beyond yourself for one second?

[tenpercentfirearms]

Just please be sure to report back to us how reporting him to any police department or DOJ or ATF agency goes. I have already stated this in other threads and the other guys have already reported it did no good. But what do I know? Let's do it again!