Not certain which part you mean here. but if the check is denied and the FFL cant reach either party, doesnt he own the gun at that point anyways? If not, what is he supposed to do with it?Pretty sure that is not how it works
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Not certain which part you mean here. but if the check is denied and the FFL cant reach either party, doesnt he own the gun at that point anyways? If not, what is he supposed to do with it?Pretty sure that is not how it works
This thread is mental masturbation. Reminds me of Cliff Claven.
Options:
A: FFL sells it and give a portion of the proceeds to the denied buyer at 60% of selling price, or as determined by store policy. They didn't pay for that gun.
B: If they were nice, they would consider it consignment and only take 15% plus FFL and storage fees, rest to buyer.
C: The FFL is a total dyck and doesn't reimburse denied buyer at all... The denied buyer sues the FFL, and the judge decides what is fair or per contract signed outlining the what ifs at time of attempted transfer.
If only,... oh, you know a gun forum like this. Had. an actual FFL that would chime in here. What are the odds there would be none.Weird.
we wouldnt have tospeculate.m________e
Sadly here in WA they have made such a damn mess that it is going to take a while for many to be able to get a handle on just how much of this is going to be handled. Private sales were already such a PITA that many were just no longer willing to bother, like me. Now? With the additional wait time even after the BGC clears?? Doubt there is going to be much at all now.A whole lot of people who think they're right and very few FFLs in this thread
Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?
And The O.P. hasn't even been back since 20 minutes after posting to enjoy some of that masturbation!This thread is mental masturbation. Reminds me of Cliff Claven.
The question that naturally comes about is what happens if the seller won't or can't come get their gun back and return the money to the buyer? Suppose they already spent the money and no longer have it, or maybe they just plain don't want to?From the ffl I have dealt with that hold the gun, if the buyer fails the bgc, they want the gun to go back to the seller, who would have to do their own bgc to get it back. Seems odd the buyer would not respond to the offer of a refund unless the buyer knows they aren't able to own a weapon. I would talk candidly to the ffl. In theory, you have been paid, no longer your issue. What happens to the gun isn't your issue. If the buyer can't pass the bgc, then it's up to them and the ffl to resolve. I could also see the scenario where the ffl wants you to take the gun back. I would assume this would involve a bgc and fees.
I can think of a lot of things but I suspect the BUYER, if unable to contact the seller, would target the FFL for a refund.The question that naturally comes about is what happens if the seller won't or can't come get their gun back and return the money to the buyer?
Target them for what? They would look like fools if they tried to take this to court. FFL now legally owns that gun. Suspect most if not all will offer to flat out buy it at the price they pay for guns someone walks in with, or at best sell on commission. Lot of FFL's are making good money doing transfers now since all sales here have to involve them. The one who tried to buy a gun and can't legally own it is just SOL. They best play nice with the FFL hoping to get some of their money back.I can think of a lot of things but I suspect the BUYER, if unable to contact the seller, would target the FFL for a refund.
Was in my FFL this afternoon and asked them about this scenerio. (BTW I am in Texas). They agree that essentially the buyer is out of luck. They said that (supposedly) it is a person's responsibility to know that they would/would not pass a BGC. Once the item is entered into the FFL's 'book' it belongs to the FFL until an accepted BGC is passed. All of which I get and understand but still seems the buyer is bubblegummed!Target them for what? They would look like fools if they tried to take this to court. FFL now legally owns that gun. Suspect most if not all will offer to flat out buy it at the price they pay for guns someone walks in with, or at best sell on commission. Lot of FFL's are making good money doing transfers now since all sales here have to involve them. The one who tried to buy a gun and can't legally own it is just SOL. They best play nice with the FFL hoping to get some of their money back.
With the new wait times here now suspect there will not be nearly as many sales done from one person to another but will still be just as many people ordering guns. Which is the same thing. Every time I order a gun I am just buying it from whoever currently owns it by paying and having it sent to my FFL who then transfers it to me, for a fee of course. Easy money for the FFL. Rather than having inventory they just get guns in and send them on out for the fee. Of course now they will have to hold the damn things for a couple weeks but, every gun that comes in this way was already paid for when it got to them. They don't have their capital tied up in it.
Totally agree with you on this. To me, even if he did fail bc he's an idiot, still no reason he should lose all his money. Technically if the item belongs to the buyer any monies received if they should sell it, less any fees due, should go back to the buyer. False denial or not. Just my 2 centsMy only concern is for those who get a false denial. Not everyone knows if or when that can happen to them.
I would think that at that point, the FFL should be amenable to return the firearm to the seller, at which point the seller would be amenable to return the funds to the buyer.Seems like there should be some avenue to satisfy all parties,