Gun resold during 10 day wait

[38superdupper]

Even for a generic firearm like a Glock that looks the same as the others

I agree!

[Grizzled Bastard]

Wow.

Stolen?

Some whack advice being thrown around here. Not sure why I'm commenting but this thread should have been closed after tenpercentfirearm's first post because that IS the bottom line.

Go get your money back and hope the dealer offers up some kind of reasonable restitution for their supposed "mistake", otherwise take the money and chalk it up to one of life's little lessons in the mean, cruel world of business. Bad or otherwise.

What happened sucks, especially because of the ridiculous overnight demand and supply but it is what it is.

[Gryff]

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.

That's the tract that I would pursue. You made the purchase, completed the documentation, then waited the appropriate period of time. Then the dealer did not complete the transaction due to negligence on their part.

Assuming that the dealer still carries that product line, and that they won't provide an identical rifle at the original price, you might pursue the matter in small claims court. in that venue, it is often a matter of simply arguing more eloquently that the dealer broke the implied "contract" by selling the item to another buyer for what was probably a significantly higher amount during this run on modern sporting rifles.

In theory, I doubt that this would stand up in court with lawyers arguing it. But it might work in small claims court (or at least have the lawsuit spur the dealer to replace the gun at the original price).

[Guntech]

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.

This, a while back I picked up a custom order from a shop and apparently another guy had a very similar custom order at the same time. Anyway I picked mine up in the morning and apparently the other guy came in later and they had ordered him the wrong rifle. So they called me to make sure I didn't accidentally get his, I told them that I had the correct one. I even offered to bring it back for them to check, but they believed me(I am a regular) and I read them the SN. Anyway I don't see why your guy can't and won't do the same unless he sold it for more money.

[dieselpower]

I can't believe some of you can not understand this...

He paid for the rifle and DROSed it
Afterward the FFL sold the gun to someone else
He came back in 10 days to pick it up
The FFL said, sorry someone else has it now.

Yes it was in the store but do you expect him to search the store?

Just because he unwrapped it doesn't mean he was the first to buy it
So someone could have bought it and never opened or even looked at the box. all the information needed to fill out the 4473 is on the outside label. So this FFL could be telling the truth and is just a very poor records keeper.

You can take him to small claims court for the extra cost to buy the firearm.

Even though 10% says it doesnt matter a call to the ATF does get a reaction. They do like hearing about FFLs who have poor inventory and accounting skills.

This is not the first time this has been reported here.

[Jsapata]

Clark Howard would say to picket until the owner fixes it. My guess is one Saturday would be enough.

[Xingu]

I can't believe some of you can not understand this...

He paid for the rifle and DROSed it
Afterward the FFL sold the gun to someone else
He came back in 10 days to pick it up
The FFL said, sorry someone else has it now.

Yes it was in the store but do you expect him to search the store?

Just because he unwrapped it doesn't mean he was the first to buy it
So someone could have bought it and never opened or even looked at the box. all the information needed to fill out the 4473 is on the outside label. So this FFL could be telling the truth and is just a very poor records keeper.

You can take him to small claims court for the extra cost to buy the firearm.

Even though 10% says it doesnt matter a call to the ATF does get a reaction. They do like hearing about FFLs who have poor inventory and accounting skills.

This is not the first time this has been reported here.

If this had happened to me, I would have said where it took place was. This sounds like Munchausens Syndrome for gun buyers.

[Che762x39]

I can not believe somebody buys a gun at $XXX and comes back ten days later and says it does not exist. In the real world I know he sold it for twice as much.

I was once in one of those hole in the wall gun shops here in CA. A thirty something woman had her grandfathers Colt Single Action Army and wanted to sell it because she had children in the house. The owner gave her $100 and then put a $3000 price tag on it.

Just because somebody is a good ole boy does not mean they have integrity. I would like to know.

[Guntech]

I would say post their name, its a public forum. If they want to tell their side no one is stopping them.

[Group 4]

If the gun was DROS'ed to you, it belongs to you. So long as DROS was processed - then the store is on the hook for retrieving the firearm that you own. If this is the case, nicely ask them to get you your firearm - else take the issue up with the DOJ or possibly the BATF as your firearm is STOLEN (even if it was the store that "stole" it in order to re-sell it for double the price). Faced with getting their tit caught in the ATF-wringer, I suspect they'll want to make it right instead of possibly losing their FFL, and thus their ability to operate as a gun store.

This!

[splitmx]

POST THE NAME! IDC IF THEY FIX THE PROBLEM OR NOT! I DONT WANNA DO BUSINESS AT A PLACE LIKE THIS!

[tenpercentfirearms]

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.

Take them to court. Let us know how it goes.

Even though 10% says it doesnt matter a call to the ATF does get a reaction. They do like hearing about FFLs who have poor inventory and accounting skills.

Only one way to find out. Call them.

[SWalt]

Take them to court. Let us know how it goes.

Take who to court? I am only stating basic contract law and not referring to anything else. The store offered the rifle for sale, OP accepted the offer and fulfilled his portion of the contract, gave them his payment and fulfilled the other conditions, filling out his DROS, etc. The store is obligated to fulfill their part of the contract. The only other part of the contract is, he isn't a prohibited person. If he is prohibited, then by function of law you can't sell to him, its an illegal contract. Simple. No different than any other business transaction.

If you are in business and don't understand what is or isn't a contract, best you learn.

[Gryff]

If you are in business and don't understand what is or isn't a contract, best you learn.

SWalt, what gun shop have you successfully run? I'm just curious since you feel entitled to be condescending to a successful LGS owner and one of our fiercest 2A advocates in the state.

[five.five-six]

I <3 this thread.

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