When a Waiting period saved me … WA HB1240 AWB

[d31tc]

Not sure what everyone else's definition of "restocking fee" is, but the general concept is a fee for something that is returned or maybe an item that was a special order from a distributor, like flooring you didn't use from a lumberyard shipped from a distributer. If you never took possession, how can they claim it was returned, when they already had it in stock? Also, you are rejecting delivery based on their misrepresentation of the product which was a CLEAR breach of contract on their part.

If you have an attorney's opinion that the sale to you would have been a felony, take it to Wade's and inform them that you want a 100% refund, ricky-tick. If they say no, and the fee was on a credit card, I would just call my credit card company, give them the information you have, and demand a chargeback. A chargeback is for fraudulent transactions. If this transaction wasn't fraudulent, nothing is (putting you at risk of a felony). You'll get your money back with very little hassle. If these actions don't resolve it, step up to the next level.

No way in hell I would let the store keep $370 of my money in that scenario. That's another Tisas and you and I both know we likey our Tisas . It's also a little less than half way to a S&W 686 if you find a deal.

 

[Mark_Mark]

The whole situation is making me depressed! Store won’t admit fault and claimed I cancel the order, due to me not understanding the law as they interpret it. Me… not taking any chances that I get on a list as a potental felon. Them, created this business model of selling threaded barrels semi auto .22’s and if they refund me the money, they are admitting they broke the law… intention is a big part of criminal law.

So, I’m going to drink a beer with my coffee a go buy a Colt!

 

[CDW4ME]

they won’t be getting a single dime from me again, but I’m sure they don’t care.

That's good.

The main guy was very defensive today, I know he was stuck on his ways and no way of changing anything

Wonder what his username is, could be one of several.

 

[TomJ]

The 50% restocking fee isn't anything I'd accept and what they did to you is unethical, but there's another issue here. If they're willing to sell this gun to someone else and risk that person having to face criminal charges all so they can make money, that can't be allowed to happen. I get that LGS' in states like yours and Illinois, where I moved from 2 years ago are facing tough times, but putting someone in the position of potentially facing criminal charges so they can make money is just evil. If there's a way to confirm that the gun you almost bought violates the AWB ban (from what I read on your related post it does) and they are flaunting the law you may want to report them to whatever law enforcement could put a stop to what they're doing, not because of the restocking fee they charged you but to save an unsuspecting buyer from potential criminal charges.

 

[Mark_Mark]

The 50% restocking fee isn't anything I'd accept and what they did to you is unethical, but there's another issue here. If they're willing to sell this gun to someone else and risk that person having to face criminal charges all so they can make money, that can't be allowed to happen. I get that LGS' in states like yours and Illinois, where I moved from 2 years ago are facing tough times, but putting someone in the position of potentially facing criminal charges so they can make money is just evil. If there's a way to confirm that the gun you almost bought violates the AWB ban (from what I read on your related post it does) and they are flaunting the law you may want to report them to whatever law enforcement could put a stop to what they're doing, not because of the restocking fee they charged you but to save an unsuspecting buyer from potential criminal charges.

Thanks! I do have a idea, let me wait till my refund clears, and my waiting period proceed is clear. I don’t want that gun & serial number in my name at all.

 

[stonebuster]

Could not agree with you more! 100%! Hard times for 2A out west!

Out east too.

 

[stonebuster]

Truth Hurts man!

Buy and collecting is a pleasure to me, something I look forward to because of my lack of free outside time. With that said, I’m going to stick to my local honey hole shop for vintage guns, and Big Box for modern guns. Thanks for the reality check.

I'm very surprised your FFL either didn't know the law or would put his license in jeopardy by doing an illegal transfer. I don't blame you for taking the word of the FFL as to the legality of the transfer because they've got as much to loose as you if ATF catches it. I guess we've got to keep up with the ever changing gun laws ourselves.

 

[Mosin77]

If I bought it with a CC I’d report them for fraud and get my money back, and let them fight the cc company on that. If I paid cash I’d 100% write a nasty letter and demand a refund. I’d get my lawyer buddy to write one, too. If they’re selling things nobody else will, I have a feeling they’re positively hoping to get in trouble, maybe to be the test case which gets Bruen applied and these laws thrown out? In which case I commend their zeal but I cannot endorse their selling merch to customers that could make the customer a felon in the here and now. And a 50% restocking fee is outrageous and makes me wish their downfall.

 

[Mark_Mark]

I'm very surprised your FFL either didn't know the law or would put his license in jeopardy by doing an illegal transfer. I don't blame you for taking the word of the FFL as to the legality of the transfer because they've got as much to loose as you if ATF catches it. I guess we've got to keep up with the ever changing gun laws ourselves.

If I bought it with a CC I’d report them for fraud and get my money back, and let them fight the cc company on that. If I paid cash I’d 100% write a nasty letter and demand a refund. I’d get my lawyer buddy to write one, too. If they’re selling things nobody else will, I have a feeling they’re positively hoping to get in trouble, maybe to be the test case which gets Bruen applied and these laws thrown out? In which case I commend their zeal but I cannot endorse their selling merch to customers that could make the customer a felon in the here and now. And a 50% restocking fee is outrageous and makes me wish their downfall.

I don’t know what they are trying to achieve with these actions. They are the ONLY gun shop selling these threaded barrel .22’s. The shops been there forever and very well known.

I seriously think they have bigger plan by poking the nose of our AG. Probably setting up for a huge legal lawsuit, probably planned.

any who… details, I paied 1/2 cash & 1/2 card (something I never do). Refund is coming thru card. I’m down $330 cash.

Get drug into a legal battle over $330 and spend $$$$ more on legal fees. I think I did the right thing by canceling the transfer.

 

[stonebuster]

Mark Mark, No question at all you did the right thing cancelling. A lawyer would've cost a whole lot more.

 

[Tilos]

Alot of folks don’t know what they’re talking about when it comes to these new AWBs.
There are a few to many FFLs playing fast and loose with whats true. Its happening in
Illinois with our new controls.

And that's exactly what the politicians wanted to happen when passing all these vague gun laws.
Total confusion of these laws, the paranoia of gun owners about losing any and all of their 2A rights and to stop buying ANY guns.
So, it's working...
jmo,
.

 

[Dudedog]

Get drug into a legal battle over $330 and spend $$$$ more on legal fees

Small claims court maybe? (don't know if they have those in WA but we do here in CA)
To me it would not be so much the money but letting them get away with it....

Wish you luck.

 

[JTHunter]

Small claims court maybe? (don't know if they have those in WA but we do here in CA)
To me it would not be so much the money but letting them get away with it....

Wish you luck.

OR, you could write them a letter stating what your attorney told you and make sure they know and understand that they fraudulently sell you a "prohibited item", then "extorted" funds from for a product they never delivered. Tell them that they should reduce their exorbitant "return fee" to no more than 10% or the authorities will be notified of their attempted fraudulent sale.
Now, if you have a GoPro camera, try hand delivering said letter to the store's owner or manager, recording the entire incident - JIC.

 

[Mark_Mark]

Alright! One of the Members here put together very intelligent letter, I hate to use the word “Eloquent” but it’s that! I’ll mail it out Monday, certified, Let see what happens. Make the best of this Social Experiment

Should I send Twice? One Email & One Certified mail?

THR is watching you Wade’s! lol

 

[Mark_Mark]

Here is the letter so FAR!

what you members think???

———————————————————-

Mark_Mark
Street Address
City, State Zip

Today's Date

Wade's Eastside Guns
Street Address
City, State ZIP

REF: Refund for Breach of Contract

On _____, 2023, I was in Wades Eastside Guns. I was interested in purchasing a FN 502 Tactical with threaded barrel. I questioned Wade's Eastside Guns about the legality of owning this firearm in the State of Washington based on recent laws passed and was told by Wade's Eastside Guns that a FN 502 Tactical was legal for me to own. Not having access at the time to review the wording of the statute, I relied on representations made by Wade's Eastside Guns, and I proceeded begin the process of obtaining the firearm by paying in full prior to transfer, 50% of which was cash and 50% was charged to my credit card.

After leaving Wade's Eastside Guns and during the waiting period, I further reviewed the applicable laws with an attorney. The definition of "assault weapon" in RCW 9.41.010, Sec. 2 (2) (a) (vi) has been reenacted and amended to include a semiautomatic pistol, with no exception for caliber, as described:

(vi) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(B) A second hand grip;
(C) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel; or
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip;


The FN 502 Tactical is a semiautomatic pistol that has a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer. After reviewing the law, and based on my attorney's opinion, I have determined that Wade's Eastside Guns' representations of the firearm being lawful to transfer and be possessed by myself were not truthful, and if said transfer were to occur, I would in fact be in violation of the law. Based on this fraudulent representation, I demanded that the transfer of the firearm not be completed and all payments made by myself be refunded. Wade's Eastside Guns has refused to refund $_____, claiming this amount to be a "restocking fee".

I rejected delivery of the firearm based on Wade's Eastside Guns' misrepresentation of the product, which was a clear breach of contract, therefore I demand a refund in the remaining amount of $______ no later than September ____, 2023. If Wade's Eastside Guns fails to provide a refund in full by said date, I will have no other recourse than to pursue all necessary legal action to remedy my damages.

Sincerely,

Mark_Mark"

 

[Golfanaticshooter]

this is Bob, created of the Washington AWB

View attachment 1166887

No, that's our next Governor, the votes have already been counted.

 

[Mark_Mark]

No, that's our next Governor, the votes have already been counted.

Will the Voters Please Stand up! never-mind! lol

 

[Spats McGee]

Here is the letter so FAR!

what you members think???

———————————————————-

Mark_Mark
Street Address
City, State Zip

Today's Date

Wade's Eastside Guns
Street Address
City, State ZIP

REF: Refund for Breach of Contract

On _____, 2023, I was in Wades Eastside Guns. I was interested in purchasing a FN 502 Tactical with threaded barrel. I questioned Wade's Eastside Guns about the legality of owning this firearm in the State of Washington based on recent laws passed and was told by Wade's Eastside Guns that a FN 502 Tactical was legal for me to own. Not having access at the time to review the wording of the statute, I relied on representations made by Wade's Eastside Guns, and I proceeded begin the process of obtaining the firearm by paying in full prior to transfer, 50% of which was cash and 50% was charged to my credit card.

After leaving Wade's Eastside Guns and during the waiting period, I further reviewed the applicable laws with an attorney. The definition of "assault weapon" in RCW 9.41.010, Sec. 2 (2) (a) (vi) has been reenacted and amended to include a semiautomatic pistol, with no exception for caliber, as described:

(vi) A semiautomatic pistol that has the capacity to accept a detachable magazine and has one or more of the following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(B) A second hand grip;
(C) A shroud that encircles either all or part of the barrel designed to shield the bearer's hand from heat, except a solid forearm of a stock that covers only the bottom of the barrel; or
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip;


The FN 502 Tactical is a semiautomatic pistol that has a threaded barrel capable of accepting a flash suppressor, forward handgrip, or silencer. After reviewing the law, and based on my attorney's opinion, I have determined that Wade's Eastside Guns' representations of the firearm being lawful to transfer and be possessed by myself were not truthful, and if said transfer were to occur, I would in fact be in violation of the law. Based on this fraudulent representation, I demanded that the transfer of the firearm not be completed and all payments made by myself be refunded. Wade's Eastside Guns has refused to refund $_____, claiming this amount to be a "restocking fee".

I rejected delivery of the firearm based on Wade's Eastside Guns' misrepresentation of the product, which was a clear breach of contract, therefore I demand a refund in the remaining amount of $______ no later than September ____, 2023. If Wade's Eastside Guns fails to provide a refund in full by said date, I will have no other recourse than to pursue all necessary legal action to remedy my damages.

Sincerely,

Mark_Mark"

^^^ This is very good … and I write in legalese for a living.

I would get a refund, and if I may be so bold, I’d (almost) absolutely make them eat the restocking fee. I feel pretty confident in saying I can become more than $370 worth of legal trouble real quick.

 

[Mark_Mark]

^^^ This is very good … and I write in legalese for a living.

I would get a refund, and if I may be so bold, I’d (almost) absolutely make them eat the restocking fee. I feel pretty confident in saying I can become more than $370 worth of legal trouble real quick.

all credit to a unnamed member! Member did all the work with edits! Members legal language is very good. I MUST send this Monday, Certified mail!

I will keep the forum updated!

Qustion: Whom should I address the letter to?

 

[Johnm1]

@Mark_Mark I'm on your side so take the following as a Devil's Advocate question.

Is there any way for you to legally purchase/own the firarm today? Ie. can you purchase it and register it as a new purchase? I suspect there was a grandfather clause but is the law in question a total ban on new production? If a total ban on new production, wouln't the shop have committed a crime selling it?

 

[Mark_Mark]

@Mark_Mark I'm on your side so take the following as a Devil's Advocate question.

Is there any way for you to legally purchase/own the firarm today? Ie. can you purchase it and register it as a new purchase? I suspect there was a grandfather clause but is the law in question a total ban on new production? If a total ban on new production, wouln't the shop have committed a crime selling it?

We are in a limbo zone of interpretation here: We went from one of the most FREE gun state to oppression in 7 years.

Current law bans new transfer of AW, that includes Seni-Auto pistol with threaded barrel. The political are looking for easy targets not real criminals. And a felony cost $$$$$ innocent or not.

So, are they legally able to sell AW pistol .22??? no one else does. Like 12-15 shops around the area including BP & Cabalas. I’m sure they are looking for a fight in court! But leave me and the public out if this!

 

[Barmcd]

That restocking fee seems excessive.