buyer failed background check

[1spartan]

Not posted on another forum. I posted it in the off topic first and then in the ffl section at someones suggestion to try and get an ffls opinion on this. That fishy comment is ridiculous.

[1spartan]

I sold it for more than I could sell it now due to the prices glocks were bringing 2 1/2 months ago and the buyer has the 5 Glock mags holster and other accessories that I sold with the gun, and who knows what happened with those. Also as Lorax3 states above I don't know if the bill of sale will hold in court. And I know I can't own the gun and keep the money too, that's not legal or moral. It's not my fault the guy is prohibited. if he can go to court and fix whatever is making him prohibited then According to Aegis the ffl the Glock will be waiting.

[DFence]

I sold it for more than I could sell it now due to the prices glocks were bringing 2 1/2 months ago and the buyer has the 5 Glock mags holster and other accessories that I sold with the gun, and who knows what happened with those. Also as Lorax3 states above I don't know if the bill of sale will hold in court. And I know I can't own the gun and keep the money too, that's not legal or moral. It's not my fault the guy is prohibited. if he can go to court and fix whatever is making him prohibited then According to Aegis the ffl the Glock will be waiting.

So you are going to leave a gun somewhere that is registered in your name and won't know the outcome of where it goes or who ends up with it?

Brilliant.

Go get it back. If the buyer clears up his problem then meet him again for another ppt. This way you can sleep at night knowing you didn't screw the prohibited gun owner over of buying a gun.

[caoboy]

Get the gun back. Do your best to make contact with the guy. Clear your conscience. If you don't feel clear at least sell the gun and donate the money to a charity or foundation.

[1spartan]

if the prohibited buyer clears his problem the gun is at the ffl and does not involve me or place liability on me. if the ffl is correct and i have to dros it then I am the last registered owner and its in limbo because If I don't dros it it's not mine and its not the buyers until he can clear his situation. The gun can go nowhere it has to stay at the ffl apparently indefinitely or it's taken by the DOJ. The reason I posted in the ffl is to get the opinion of an ffl and I don't know if I've heard from one yet. If theres an ffl with an opinion on this please post or send me a pm please. I'm going to run this by the sheriff tomorrow and see what he says about it, but I doubt he's an expert on this.

[1spartan]

I don't feel like I cold resell the gun because what would happen if I sold it and then the police or sheriff require it as evidence and now the new owner sues me over this situation of losing his new gun. It would probably be a nightmare trying to get it back from the police. Plus it involves 2 different dept's Burbank pd who have not contacted me and the sheriffs dept who I've dealt with thus far. It just makes my head spin.

[halifax]

FFL here. Please clarify a few points for me.

1) This transaction was a CA PPT where both of you went to the dealer and completed a Private Transfer type DROS. Correct?

2) The buyer was DENIED, not delayed. Correct?

[1spartan]

yes on #1 and yes on #2 sheriff and ffl said denied. ffl said they had a guy denied come in after 2 years having cleared his problem and dros his gun. I don't know if it's true but thats what he said.

[halifax]

Then your FFL screwed this up back in April. When he received the "denied" from the the DOJ, he should have, "forthwith", called you and told you to come in and pick up your gun. (See 28050(d) in post #10). That was his only option and he failed.

Now, go get your gun, put it in a safe, and wait for the civil judgement to return the money to the buyer. If the Sheriff wants it, no big deal because you have been paid in full.

[1spartan]

Thanks. Does the gun have to go through dros or am I supposed to just pick it up and take it home?

[DFence]

Thanks. Does the gun have to go through dros or am I supposed to just pick it up and take it home?

OMG! Go pick it up!!!!

[halifax]

It wasn't a pawn or a consignment so no DROS was necessary back in April. Since your dealer didn't do the right thing then, I'd say no DROS now but he may force the issue. Just get it back or walk away from the whole mess.

Point out to the dealer that if he had done the lawful thing in April the DROS wouldn't have been necessary and if he's going to insist on one now then he should pay for it.

Anyway, good luck.

[dachan]

Not posted on another forum. I posted it in the off topic first and then in the ffl section at someones suggestion to try and get an ffls opinion on this. That fishy comment is ridiculous.

Maybe not fishy, but you did post the same question in two forums and already have 2 pages worth of suggestions in the first. You're not learning anything new here.

http://www.calguns.net/calgunforum/showthread.php?t=780445

[1spartan]

halifax can I legally walk away from this mess? I in no way want the gun back if I'm not required to take it back. Dachun I don't want suggestions I want educated advice.

[halifax]

According to PC that has been posted several times, the dealer can only return it to you or turn it into LE. If you want to walk away from it tell your dealer to turn it in and fill out one of these:

No Longer in Possession form.

Personally, I'd get it back.