Can Palm Beach County Do This??

[NavyLCDR]

At this point, the only thing the shop with the gun CAN do is transfer the gun to somebody, with a NICS check on a form 4473 or to another FFL. They have received the gun, and entered it into their bound book. The best bet would be to find another FFL to transfer the gun to, even an out-of-state FFL, because the OP can get the gun from any FFL in about 46 states. I would either refuse to pay the first FFL any transfer fee, or file a small claim against them if a transfer fee is paid. Another option might be to just take the shop to small claims court for the cost of the rifle. Since there are no legal reasons for them to hold the gun, I would think a judge would find in the OP's favor.

In these types of transactions the normal procedure is for the buyer to pay the seller directly, the seller ships the gun to the FFL, and the FFL transfers the gun to the buyer. The FFL never handles the money for the purchase price of the gun. Since the FFL is keeping the gun the buyer already paid for, with no legal reason to, I would think a court would make the FFL pay the purchase price of the gun to the buyer.

 

[roadchoad]

The info in the OP states the FFL is giving you issues, but the title of the thread places blame on the county. I fail to see the connection.

 

[NavyLCDR]

It's because the FFL told him there was a county ordinance prohibiting them from transferring the rifle to him. Clearly the FFL was mistaken in that regard.

 

[brboyer]

Which appear to be null and void, according to state law.

Actually, there is a constitutional amendment voted in 1998 that permits counties to enact an optional additional 3-5 day waiting periods on any firearm purchase: Article 8, Section 5(b). The amendment did not require it be codified in the statutes, so you'll not find it there. The Florida legislature has never really wanted to legislate waiting periods, so the Anti's went to the public via constitutional amendments to get waiting periods in place - lots of money for TV/radio adds focused on the emotional issue, not logic.
BTW, this amendment also targeted the so-called 'Gunshow loophole', by allowing counties to also require a criminal background check for any sale occurring on property the public has a right to access.

 

[Sport45]

You have received much good advice.

Can your dad go to the shop and pick up the rifle? I know that's not the point, but it would save you an awful lot of hassle.

 

[jiminhobesound]

I was in Gator Guns, small shop, in West Palm four years ago and saw an 18 year old buy a handgun

 

[LethalCep]

Update: First i want to thank everyone with the useful information they provided me.

I called the ATF this morning and spoke to an investigator. He told me i was legal to obtain the rifle. After hearing this i jumped up in joy clapping my feet. (lol). So i go in and they tried to give me a refund. After i explained to them that i am legal to get it and they were wrong they said " ok we'll call my atf guy and see what it is". After a 3 minute conversation on the phone the one face of victory the lady had dropped to a face of bitter defeat. She then apologized for putting me through all this and received my payment for the transfer. I get the gun Tuesday. I just want to thank everyone again for the information. Pics will be posted when i receive it.

 

[NavyLCDR]

Actually, there is a constitutional amendment voted in 1998 that permits counties to enact an optional additional 3-5 day waiting periods on any firearm purchase: Article 8, Section 5(b). The amendment did not require it be codified in the statutes, so you'll not find it there. The Florida legislature has never really wanted to legislate waiting periods, so the Anti's went to the public via constitutional amendments to get waiting periods in place - lots of money for TV/radio adds focused on the emotional issue, not logic.
BTW, this amendment also targeted the so-called 'Gunshow loophole', by allowing counties to also require a criminal background check for any sale occurring on property the public has a right to access.

I'll be danged... never seen such crap in a state's Constitution before. So, Florida state law is in conflict with the Florida state Constitution... how messed up is that.

Glad the OP got the gun! I would have loved to have seen the conversation the dealer had with the ATF!

 

[jeepmor]

Call the ATF, get the facts straight, and if they're in your favor, send them after your FFL. He'll surely appreciate the attention from one of the most dreaded organizations in gun history.

 

[DammitBoy]

Good for you!

 

[RonDeer10mm]

whats the name of the store?

 

[mgkdrgn]

Sorry you had all this trouble ... I just hope this wasn't one of MY Mosins!

Transfers for long guns - 18, transfers for hand guns - 21. It's right on the wall here behind me because, what do you know, I'm an FFL, and that info if REQUIRED TO BE POSTED IN A VISIBLE PLACE on my premises.

 

[LethalCep]

Liberty Gun and Pawn. Next time i am taking my business elsewhere. Anybody know some good stores in west palm beach?

 

[Sport45]

Glad it worked out.

Next time i am taking my business elsewhere.

Now that you've straightened this out why switch? Want to go through all that again?

 

[LethalCep]

Seems like a valid point. Just their know it all attitudes bothered me.

 

[Sebastian the Ibis]

Anybody know some good stores in west palm beach?

If you are down in Miami-Dade, Lou's Police Supply on 57th @ the Gratigny Parkway and Interstate Armory at 27th and US-1. Both will treat you well, and shoot with you on the weekends.