buyer failed background check

[1spartan]

Sold the firearm april 2 and was contacted by a sheriff today that the guy was prohibited and he wouldn't say why. Looks like the sheriffs dept is going to prosecute because he stated he may need me to testify to the sale and tommorrow he wants me to ID the buyer.The firearm is apperantley still at the ffl and the buyer has not contacted me in the past 2 months. What do I do about the firearm?? Money is spent and the buyer hasn't contacted me to try and get his money back. I had him sign a bill of sale that stated 50% forfeit if the background check failed. What do you ffl's have to say about this situation?

[manuelcardenas77]

I'd got get the gun back,and not worry till he contacts you.

[Gutz]

Do you want the firearm back? You sold it, i's gone. If the buyer can't own it, doesn't the police dept keep it for evidence and then destroys it?

[762ch]

I really want to see how this works out, I've always wondered what would happen in this situation. Good job on making the buyer sign that agreement. Did you make sure he put a thumbprint next to it

[1spartan]

I'm just looking for the legalities from an ffl. I'm not looking to take advantage of anyone. Does the gun belong to me still since he was denied or is my intetest in it gone??

[adamjay]

...doesn't the police dept keep it for evidence and then destroys it?

I am not an FFL or an attorney, but this seems right to me. I think the calfornia penal code puts it the same way.

Does the gun belong to me still since he was denied or is my intetest in it gone??

Your attorney can best advise on this question.

The rifle doesn't currently belong to you, nor is it in your possession. For now it is probably evidence. I would say you have an interest in it, though. Good you have that agreement, but it seems a little loose at the moment.
Maybe you will owe him 50% and you get the rifle back.
Maybe he'll be SOL and paying for a dumb mistake.

I'm sure if you ask the sherrif or the FFL, they'll tell you what's up.
Or you could demand your property back until this is all worked out.
Want a free rifle?
Want that guy lookin for his 50% in 3-5 with good behavior?

I'd just chill.

[adamjay]

Oh yeah, here it is.

http://www.calguns.net/calgunforum/showthread.php?t=725126

28050(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

[Quiet]

Oh yeah, here it is.

http://www.calguns.net/calgunforum/showthread.php?t=725126

28050(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

Basically...
1. If the buyer is denied, then the seller gets it back.
2. If the seller is denied, then it goes to law enforcement.

[1spartan]

ftf with the sheriff today to ID the buyer. He said the gun is still registered to me and I should get it from the ffl. Went to ffl after work today and they said if I want the gun back I would need to dros it again and have a letter from the buyer stating I paid him back in full. OR I could just leave it at the ffl and it's not my problem anymore and it really doesn't belong to me it's just in limbo and will stay at the ffl forever. FFl also stated even if I were to dros it back it could be taken away from me as evidence against the buyer at some point.

[ke6guj]

I'd go back to the FFL and show them the law that says that it must be immediately returned to you, without having to wait for any waiting period to complete.

Or else, make sure that it is turned over to the local LEA. don't let that dealer "acquire" a free gun.


28050(d) If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 26815 and 27540, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of Section 27500, 27505, 27515, 27520, 27525, 27530, or 27535. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county, who shall then dispose of the firearm in the manner provided by Sections 18000, 18005, and 34000.

[1spartan]

It appears if it's returned to me I have to refund the money to the buyer and then I have the liability of having to surrender the firearm if the police were to require it for their case. at least according to the Aegis the ffl

[halifax]

Your FFL seems uninformed. The law above is the only governing instrument he needs to concern himself with. He needs to give you the firearm back and step aside.

[M1NM]

Get it back sell it ASAP bank 1/2 the money in case the first buyer wants to exercise his rights in your contract with him. If you sell it right away then the LEOs can't take it from you as evidence.

[lorax3]

AFAIK there is no penal code regarding specifically what to do with the funds when the seller is denied. IMO, it would just fall back to contract law.

I don't see a reasonable court letting you keep all the money and the gun.

If you don't want the gun I would sell it again for the same price, and throw the cash in the safe until the statute of limitations on the breach of contract is up.

Also, make sure you get a copy of your DROS forms with the date, etc.

Edit: Also, just because you have the "50% off clause" in your contact does not mean the court will honor it, just FYI. See above comment for my preferred solution.

[DFence]

Double post. You have this in another forum that is multiple pages long. Why post it again to get the same answers??

Fishy......