Gun resold during 10 day wait

[1320]

so whats stopping them selling all the guns that were sold 10 days ago if you say we cant do any thing about it.

[1320]

so whats stopping them selling all the guns that were sold 10 days ago if you say we cant do any thing about it.

[tenpercentfirearms]

so whats stopping them selling all the guns that were sold 10 days ago if you say we cant do any thing about it.

Integrity and/or a personal relationship they started with you a while back. The only way you can really stop them is to convince all of their customers they are douche nozzles and don't deserve your business. Except the guy willing to double your purchase price could care less you got screwed. He is glad he has an AR15.

[Diskrete]

It sucks to say, but many times the only way the scallywags actually make it right is after a stink from this here forum. If he sent another customer to CG before, he knows the place. And while not every AR owner is a CG member, enough are that when stock is supplied and the frenzy dies he will have the reputation of a septic tank unless he publically makes it right. I thought the item was yours when you paid and was just in store lockup until cleared. Otherwise why do shops wait until you pay for an item in full and not a deposit to start the process? The transaction between the store and customer had already taken place now its up to DOJ to cancel your DROS. Do you have a receipt for purchase with said firearms SN?

In the past when people have felt scammed, I have seen posts end well for the OP as long as he did his due diligence prior to posting the name. No one wants a bad rep and its easy to add a store to yelp if needed! Or add reviews to google.

I hope you get what you bought or a refund in current market value of same firearm, if he made money on it, he made it off you.


Sent from my HTC_Amaze_4G using Tapatalk 2

[five.five-six]

[NoHeavyHitter]

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.

While I feel that your definition of when the rifle "became legally mine" is most accurate and appropriate, I merely stated that my dealer told the vendor that it was out of his hands since all the paperwork had been completed and I was just in my 10-day wait. Knowing that dealer had been a former DOJ employee, I felt confident in repeating what I was told when my situation occurred.

[prob]

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

The problem here is that you think you're going to get your rifle. You're not, and to think otherwise shows how naive you are. The dealer, who you won't name, very clearly only cared about his immediate gain at your potential loss. He KNEW that there was virtually no way that you were going to be able to buy another AR15 in light of all the idiotic panic buying going on, yet he sold it anyway.

Why would you protect him? Everyone should know the name of the shop so that his lack of ethics will haunt him for the rest of his business career.

[keenkeen]

Make a LARGE sign that says:

WARNING: XYZ Gun Shop sells STOLEN ASSAULT WEAPONS!

Spend a few hours walking the sidewalk in front of the shop during business hours, when it comes time to resolve the issue tell the owner to let you pick up your gun and you will be on your way.

It may not work but it will be fun/interesting to say the least...

[Eldraque]

u need to go into the shop NOW if their open. do not wait until wednesday. since you told him youd wait a week to resolve it you skrewed yourself already. the gun is gone now, depending on how soon the 2nd buyer started the DROS.

Go in as soon as you can. today is best if their open.

worst case you get your money back. tell him hes a shady dealer and you will out him to CalGuns and everyone you know. hopefully he will give you some free stuff...

best case he gives you the gun. (unlikely, you payed much less than the other guy)

Indian Giving pos dealer. out them. Im a nice, patient person too, but I dont let people take advantage of me.

[tenpercentfirearms]

While I feel that your definition of when the rifle "became legally mine" is most accurate and appropriate, I merely stated that my dealer told the vendor that it was out of his hands since all the paperwork had been completed and I was just in my 10-day wait. Knowing that dealer had been a former DOJ employee, I felt confident in repeating what I was told when my situation occurred.

It is cool. I like your dealer. He effectively told that dude to pound sand and protected you. There is nothing wrong with it.

The thing is there really isn't a solid law that says when the gun is yours, when it isn't yours, and the legal or civil repercussions when people get crazy. Hell, I might not even be correct. However, what I am saying is the reality of the situation and I think

The problem here is that you think you're going to get your rifle. You're not, and to think otherwise shows how naive you are. The dealer, who you won't name, very clearly only cared about his immediate gain at your potential loss. He KNEW that there was virtually no way that you were going to be able to buy another AR15 in light of all the idiotic panic buying going on, yet he sold it anyway.*

sums it up best, except

Why would you protect him? Everyone should know the name of the shop so that his lack of ethics will haunt him for the rest of his business career.

shady gun shops rarely go out of business. Think of all of the crappy gun shops you have ever known. They rarely go out of business with their horrible prices and horrible customer service. People still go to them! I am not sure if it is location or just the number of people who want guns, but they never go out of style.

[choprzrul]

Go talk to the dealer and give him the opportunity to fix the situation.

Stay calm.

If the dealer does not make it right, simply state in the calmest terms that you have started this thread, it has been viewed by xxxxx number of people, and you are going to name the shop. Further, you will be posting your experiences on Yelp and will be contacting BBB.

Stay calm.

See if this changes anything. If not, be prepared to follow through with your stated intent.

.

[MRS]

Gun resold during 10 day wait

They wont be open until Wednesday. Nothing stopping them from screwing anyone with a pending 10 day in the vault. Throwing up their name today won't matter as they can't screw you until Wednesday officially. Also, they still have my cash. Taking a refund was letting them out. My original receipt shows SN. They are aware they are taking a chance by screwing any customers like this. Douche Nozzles yes, the gun most likely will be gone by Wednesday. I'm sure they will open the shop on their vacation just to get it out of there. Even if its still there they just have to say its not. Biggest bargaining chip is their name. They offered me a choice of one of two builds and some cash. They still keep the profit from "My Gun" and still make money on the build they F me with. Not what I want, I agree fair market value would work for me, but that is unlikely if they are willing to go this far. Went to pick it up on borrowed time from work, had to think quick clearly not my strong suit. Then needed input, never been F'd by a gun shop. Always had good dealings, guess I've been lucky until now.

[bill_k_lopez]

Funny but these threads did exist before all this recent nonsense. Mistakes do happen, and why would you think the increase in price from your so special rifle would be worth it, but the dozens (or hundreds) of others that the store sold too wouldn't?

You're mad, you're upset. and yes you're screwed - sorry - but sh*t happens. Go get your refund, and wait until this BS panic buying blows over - or - work it out with the store. See if they'll raincheck you the gun for the same price.

[NoHeavyHitter]

shady gun shops rarely go out of business.

Back in the 1980's I wound up putting a shady dealer out of business and he was federally prosecuted. It was kind of a fluke, but I had built up an AMT Longslide .45 that was in my name having been purchased prior to the time when I had my FFL. When I sold the gun, I transferred it into my bound-book and wound up transferring it to another dealer (whose FFL I was required to keep a copy of).

About a year after the sale, I was contacted by the SDPD as they had arrested a (felony) parolee and he had the gun under the seat in his car. I explained to the officer that I was a dealer and had transferred it to another 01 holder - even though state DOJ records still shown it registered to me. I mailed the copy of that dealers FFL and a copy of the transfer entry in my log to the SDPD which in turn they forwarded the info to the BATF for prosecution.

As it turned out, the FFL dealer I transferred to was selling guns illegally without paperwork to anyone who was willing to pay his price. He wound up getting convicted on federal gun charges, but I don't know how long of a vacation he got, just heard that he did get rolled up.

To be honest, I really never thought that anyone with an FFL would chance operating like that. I don't see how he couldn't have realized that it would come back on him at some point.

[SWalt]

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.


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.

MRS has a verbal contract with the dealer, evidenced by his sales receipt and DROS started. Verbal contracts are fully enforceable. The dealer offered the rifle for sale and MRS accepted, agreed to his price and paid his money. They both agreed to the sale. The Dealer is under obligation to provide said rifle. The OP can sue him in court and have the contract enforced which can include specific performance (ie, dealer can be forced to retrieve the rifle from who ever has it and provide it to OP) or some other way that makes the buyer whole and is agreeable to the OP (I would go to gun broker and try to find what the market value of his rifle is today and ask for that amount if the dealer can't provide the specific rifle. Hopefully it has tripled in price!). Bottom line is, it is a contract and enforceable. The problem with a lawsuit is, the time, money and hassle that comes along with it. Try to work out a solution with the dealer. But bring up a lawsuit when you talk to him if he is unwilling to make you whole.

Also, from what the OP said, that it has happened before, sounds like the dealer is a dirt bag and found out he can make more money by saying "ooppps.....sorry we made a mistake, too bad so sad"