Transfer Question

[Bogurt]

So here's the deal. My friend bought a nice target rifle from a gun store and his dros was denied. He had a ticket that he did not know about and was unaware that his license was suspended. The dealer was very polite and nice and gave him 30 days to fix things before he charges a restocking fee. There is no way that the dmv will reinstate his license that fast even though he has already taken care of the issues. The restocking fee is 30% and that works out to be over 300 dollars. I know that firearms can be bought from one dealer, shipped, and have the dros processed somewhere else. Is it possible and legal to have the gun shipped to an ffl that is willing to hold on to the rifle until the issue is resolved? Another option that I can potentially see as viable is for the firearm to be shipped to another ffl and the dros processed in another person's name. I AM NOT implying a straw purchase. He is legally able to own firearms. To my knowledge, his mother or father could legally buy the gun for him and transfer it to him through an inter-family transfer. I would be more than willing to buy the rifle for myself since its an awesome looking rifle. I could give him the money and it would be as if I was the one to buy it in the first place and he could always buy a different one later. I do not believe this idea would go as smooth and would raise too much suspicion and putting an ffl holder at any legal risk is the last thing I would want to do even though I legitimately want the rifle for myself. Either way, I feel that a transfer if possible would cost significantly less than a 300+ dollar restocking fee. Thank you for any and all input.

[Eddy's Shooting Sports]

Pretty much any effort to transfer the rifle to someone he knows will fall into straw purchase territory and the FFL is unlikely to go along with it. Transferring to another FFL to have it held would be an viable option, but an unnecessary expense in my opinion.

It sounds the FFL he is dealing with is unreasonable. It's just a DMV denial. Once his DL is fixed he will be good to go to,re-DROS. the dealer should just sit on the gun, non-refundable of course, as a courtesy until they can re-DROS. This is how I would and have handled similar situations.

One of my customers is a plaintiff in the Calguns lawsuit against the DOJ and I have been sitting on his for nearly a year now.


Eddy's Shooting Sports
(650)969-GUNS

[ripro75]

Tell your friend to get an ID Card, these normally come faster. Basically the suspended DL is no longer a valid ID whereas an ID card will be. Unless he actually has a prohibited offense, that should all he needs.

[Bogurt]

The dealer would not budge on holding for any longer than 30 days. The california id would be great.That said im sure it would take longer than 30 days. I thought it was only a straw purchase if the firearm was being purchased for someone not legally able to own a gun. Thank you for the fast responses.

[CSACANNONEER]

A straw purchase occurs whenever someone buys a firearm for someone who can not BUY (not just own) one or for someone who doesn't want to leave a paper trail. If you were to come try to DROS the rifle from me, I'd suspect a straw purchase and refuse the transfer.

Sounds like you should out the dealer so that everyone knows who not to ever buy anything from.

[Bogurt]

I prefer not ruin business for anyone until I know they won't help. Transferring to someone else is out of the question. I was just under the impression that family members could buy for eachother. I will not push the point any further. If I am still unable to get the dealer to hold on to the rifle for longer, shipping to another ffl willing to wait( for a fee of course,) is a viable option?

[Bogurt]

Also, for sure he can use a California ID?

[kemasa]

The best bet it so have the firearm shipped and held elsewhere, if the FFL agrees. If the FFL does not agree, then he should get a full refund. Or the FFL should agree to store the firearm for a reasonable fee.

The FFL should know that it is a DMV reject, which is an issue which can get resolved.

[scoutpup99]

Just had one of my customers get a CA I'd card in about a week. Her license was suspended for an old fixit ticket. DROS went through as soon as she had her ID card.

[kemasa]

Interesting. I am a bit surprised that there would be a difference with respect to the ID since both are with the DMV.

[scoutpup99]

The most interesting part is that the ID number is the same as her drivers license number. DMV said it could take 2-3 months to get her license reinstated. She also never was notified that her license was suspended.

A DMV reject means that the license number used for ID is not valid. An ID card is valid for 5 years regardless of your driving privilege.