Gun resold during 10 day wait

[stitchnicklas]

i am going with this ^^^^^

as he claims to have been screwed and wont name the shop to protect others....

[HK Dave]

This entire post doesn't make sense OP. You DROSed the AR you bought, and had to wait the 10 day period. So someone else DROSed it AFTER you and got to pick it up before?!

[vintagearms]

This entire post doesn't make sense OP. You DROSed the AR you bought, and had to wait the 10 day period. So someone else DROSed it AFTER you and got to pick it up before?!

Thats where Im at too. Doesnt make sense.

[Toby's Tactical]

Wes is right. I'm a new dealer so I'm not perfect on procedure but I can tell you that long gun serial numbers are not transmitted through DROS. I wouldn't record the transfer in my A&D book until the pickup in case the buyer was denied, changed their mind, etc. I'm not 100% sure when the serial number is recorded on the 4473. I've been writing it in when I make a sale but that document I for dealer use. Not sure of what recourse is available but I suspect the answer is none.

[BruinGuy]

I once purchased a long gun and then had to switch out for another identical one. I bought a Marlin 795, they misplaced the one I bought, so simply grabbed another one. The serial number on my receipt was changed, and I'm sure they recorded it correctly in their book once the final transfer was done. This was done on the day of pickup, after the DROS and 10-day wait.

Not exactly the same situation, but since long guns don't record serial numbers on the DROS, at least until 2014, it's not a DOJ/ATF matter so far as I can tell.

Unlikely you'll get a criminal finding. Reporting to the DOJ or ATF may raise some flags and get them audited. Otherwise, the situation you report sounds like a civil matter to me.

[engi]

This entire post doesn't make sense OP. You DROSed the AR you bought, and had to wait the 10 day period. So someone else DROSed it AFTER you and got to pick it up before?!

Perhaps someone picking up the rifle decided to add it to their dros when the panic hit. Thanks ouod explain why they picked it up first. Is it a one man operation or could another employee accidentally sold it?

[SWalt]

Wes is right. I'm a new dealer so I'm not perfect on procedure but I can tell you that long gun serial numbers are not transmitted through DROS. I wouldn't record the transfer in my A&D book until the pickup in case the buyer was denied, changed their mind, etc. I'm not 100% sure when the serial number is recorded on the 4473. I've been writing it in when I make a sale but that document I for dealer use. Not sure of what recourse is available but I suspect the answer is none.

As a new dealer, decide what kind of business you want to be. Honest or dishonest. Doesn't matter what the regulations for being a FFL are, it matters how you treat you customers and what stipulations you have when you make a sale. A contract is a contract is a contract. You accept money from a customer for a firearm, its a enforceable contract. Just because the vast majority of people don't understand this and simply complain and walk away doesn't mean you are not under obligation. If you sold me anything and then go back on your word, it gives me standing to sue you.

I am not a lawyer but maybe a simple sign put up in your store such as "We are idiots and can't keep proper records, all sales final when a customer receives merchandise" might suffice. Be sure and put "Idiots" in it, it gives fair warning to potential customers.

[radioburning]

Same thing happened to me at Cold War Shooters a while back. "Come back in another 10 days for another one". I live an hour away(if there's no traffic). The only "here's a little something for your troubles..." I got was "whatever, it happens. Now if you'll excuse me, I'm busy..."

Haven't been back since.

[91 whiskey 209]

In for the conclusion on Wednesday, good luck OP

[91 whiskey 209]

In for the conclusion on Wednesday, good luck OP

[ke6guj]

Perhaps someone picking up the rifle decided to add it to their dros when the panic hit. Thanks ouod explain why they picked it up first

yup, that could be it. or, the guy had a 10/22 in jail and swapped it for the AR when he came in for pickup.

as long as the 4473 wasn't completed, ATF doesn't care if you change what firearm is getting transfered.

[pats1911]

call the doj report it stolen even though its a riffle prob never be found

[38superdupper]

Unless the gun was sold on line and shipped out it is still in their shop. Since you were the first to buy it and your ten days are up tell the dealer to release it to you and tell that story to the other guy. At a minimum tell the dealer to refund all you money the $25 Dros, and a little store credit or something for your trouble. If he tells you no refunds only credit. Get a lawyer..

Good luck with that.

[CALREB]

They know a gun has to sit for the same 10 days for whoever bought it after you and they didnt FIND!!!! it in inventory. BUNCH OF CROOKS!!!!
Even if it was a legit mistake the rifle should still be there , AND you bought it first, SO if they didnt even attempt to find it, (THEY ARE CROOKS) and at the very least small claims and report them to the better business bureau.
As far as Im concerned any gun store that raises their price more than a third should be boycotted and starved out , before they REALLY get starved out after OHHHHBAMMA has his way with them.
They should be considering customer loyalty for the days when they are out of ARs and have to survive on day to day regular sales.
In which case, we are all better off without businesses that take this type of advantage of a good customer. my 2 cents. Good luck , REB

[Toby's Tactical]

As a new dealer, decide what kind of business you want to be. Honest or dishonest. Doesn't matter what the regulations for being a FFL are, it matters how you treat you customers and what stipulations you have when you make a sale.

I am very honest. And when I sell a firearm I mark it as sold with the customer name. Even for a generic firearm like a Glock that looks the same as the others. It helps me keep my inventory straight. DOJ doesn't let us add another firearm to the DROS once it's submitted. But since no serial number is submitted for long guns, a dealer could swap for literally any other long gun. There must be more to the story that only the dealer knows. Find another dealer who is honest. You'll never trust that one again. And next time, ask them to write the serial number on your sales order/invoice/receipt. That's what I do in Quickbooks for my own sanity but it benefits customers too.