Help! The transfer dealer wont give me my gun!!

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One thing I can clear up. The receiving FFL dealer IS the seller as far as the law is concerned. How the gun got to him is irrelevant; he is the one who logs it into his book, does the federal paperwork, does the NICS check, and complies with any waiting period laws.

I don't know the whole story, but the only real recourse is to wait until the dealer can deliver the gun. The customer can't demand the dealer set his business hours for one customer's convenience. Of course, Blaisenguns can rant and rave and take his future business elsewhere; I doubt the dealer will mourn the loss.
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BrBoyer, Could you please show me where Jim was incorrect in ANY part of his post? And I don't mean from your own point of view but from LAW please. The reason I ask is, I have been buying and selling firearms for pretty close to 4 decades now and I happen to know just a smidge. I see absolutely nothing incorrect in his post. As far as who LEGALLY owns the firearm, it IS the FFL dealer in Possession of the firearm before the closure of the 4473 and NICS check PERIOD. I don't give 2 hoots what state you are in son that is FEDERAL law and can not be overridden by ANY state mandate. Until that weapon is RELEASED to you after the NICS and form 4473 has been satisfied it is OWNED by that FFL. If he so chooses he can send it back wherever it came from and be well within his LEGAL rights to do so. I would just like to see you cite some Florida law that states otherwise. Thanks
 
Freedom_fighter_in_IL said:
BrBoyer, Could you please show me where Jim was incorrect in ANY part of his post? And I don't mean from your own point of view but from LAW please. The reason I ask is, I have been buying and selling firearms for pretty close to 4 decades now and I happen to know just a smidge. I see absolutely nothing incorrect in his post. As far as who LEGALLY owns the firearm, it IS the FFL dealer in Possession of the firearm before the closure of the 4473 and NICS check PERIOD. I don't give 2 hoots what state you are in son that is FEDERAL law and can not be overridden by ANY state mandate. Until that weapon is RELEASED to you after the NICS and form 4473 has been satisfied it is OWNED by that FFL. If he so chooses he can send it back wherever it came from and be well within his LEGAL rights to do so. I would just like to see you cite some Florida law that states otherwise. Thanks
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I have been buying and selling firearms for pretty close to 4 decades now and I happen to know just a smidge.
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:scrutiny:

RIF but CIC :banghead:

Please keep up with the thread....as I pointed out repeatedly, I was referring to the three day waiting period in Florida and when it begins. This is a completely different legal topic and has no bearing, whatsoever, on when the 4473 is completed.

Oh, and you are completely incorrect with this statement:
As far as who LEGALLY owns the firearm, it IS the FFL dealer in Possession...it is OWNED by that FFL
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Sorry, you are misunderstanding the legal terms of ownership and possession.

If the FFL 'owned' the firearm, he could sell/transfer to anyone he desired or otherwise dispose of it in any other manner. In fact, he is simply in 'possession' of it pending 1) a legal transfer to the 'owner' or 2) return to shipping FFL PERIOD! He is not authorized to do anything else with someone else's property.
 
Ownership/possession for intents and purposes of a transfer are basically the same thing. While he cannot sell it to someone else, he can control by law to whom it shall go to. Be it the purchaser or back to the seller. I have been keeping up with the thread and saw where you said more than once that Jim was incorrect. The only thing he mentions about "waiting periods" was where he stated "and complies with any waiting period laws" which, in most states, there are some. And even in Florida there CAN be a waiting period IF the NICS comes back as a DELAYED.
 
I actually talked to a lawyer, and he told me the best thing to do would be to contact the ATF if I have any further issues the next time I try to pick up the weapon. The NICS check is not delayed, because he never did the check. In all the times I bought a gun, they did the check upon pick up, and it only took like five minutes over the phone, no one has done that yet and I seriously doubt that I would fail a check because last time I bought a gun was in July, and nothing has happened since then. I am very concerned because on Monday when I went in the shop, and was told pick it up Thursday after 5 he said "nice gun" so ....:confused: I also apologize for "ranting" at the beginning of the thread, because this had happened pretty recently and I was very upset.
 
blaisenguns I actually talked to a lawyer, and he told me the best thing to do would be to contact the ATF if I have any further issues the next time I try to pick up the weapon. The NICS check is not delayed, because he never did the check. In all the times I bought a gun, they did the check upon pick up, and it only took like five minutes over the phone, no one has done that yet and I seriously doubt that I would fail a check because last time I bought a gun was in July, and nothing has happened since then. I am very concerned because on Monday when I went in the shop, and was told pick it up Thursday after 5 he said "nice gun" so .... I also apologize for "ranting" at the beginning of the thread, because this had happened pretty recently and I was very upset.
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Have you filled out a 4473 yet? The dealer cannot do a NICS check until you complete a 4473.
 
Sucks to wait. But its not like this guy is Nancy Pelosi. This guy aint your enemy. Wait it out. Talk to the owner and express your unhappiness with the service provided.
 
To OP:

So the FFL had you fill out a 4473 then handed it back to you refusing to do the NICS check?

If he was going to refuse to do a NICS check then why did he have you fill out a 4473 form.

You MUST fill out and pass a NICS background check before the firearm can be released to you. That is not negotiable.
 
Wait it Out

There is nothing to wait out if the dealer did not and will not do the NCIS check. Get another FFL.
 
Sounds like one of those "you didnt buy it here so you go to the bottom of the pile" FFLs that I have dealt with in the past. Best thing you can do is go through someone else even if their fee is higher, cause its just not worth the headache these people put you through.
 
I believe in states with a waiting period that wait period begins when you actually complete the 4473- not when you paid the online vendor.
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Wrong. Just the opposite. The waiting period starts when you BUY the gun.
Before I had my CCW, I would do an online purchase, and by the time the gun got to the dealer, I was good to go. Walk in to FFL, check the serial#, do the 4473, and out the door.
 
In Maryland the clock began once the background was approved. I would go to my FFL on the first day and fill out the paper work, and get the background check. Then I would go back a week later and pick it up.
 
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