Consignment Help

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SavingNolanRyan

SavingNolanRyan

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My buddy had a 22LR that he was giving me so we went to a local gun shop to do the transfer. While there, they had an old Winchester I wanted (being sold on consignment). Since then the .22 transfer was delayed and the Winchester was declined. What is my refund/recourse for price paid on the Winchester consignment?
 
At the gun stores I frequent, they don't take my money until the background check clears. I'm surprised your gun shop didn't immediately refund the price of the Winchester since you were declined. Did you pay for the check on your friend's gun? They might legitimately keep that because they did they check and not their fault you were delayed.
 
Like Coyote3855 I don't know of any gun shop that takes your money before the background check goes through. Kind of like putting the cart before the horse so to speak. I would think your first course of action is to ask for a full refund on the Winchester since no transaction took place. I could see them possibly charging you for the check on your transfer though.
 
Good to know. We are waiting the outcome on the .22 and if things don't go well, I guess I can do an appeal. I just wanted to be sure I wouldn't be out the money on the Winchester, as I was reading about how the buyer is stuck for a failed 4473, but I guess those are transactions where a buyer get a rifle sent to an FFL?

Thanks,
Mike
 
California. I don't see any reason for me to be declined. I had some trouble when I was younger. (DUI - couple of weekends and probation). I also had some arrests for fights, but none of them were convictions - all were dropped). Not even a traffic ticket in over 25 years, so I am not sure why the Winchester was a decline, (which makes me worry about the .22LR that was delayed). I don't know all the gun laws, but from what I read, I don't have anything that should prevent a purchase.
 
SavingNolanRyan said:
California. I don't see any reason for me to be declined. I had some trouble when I was younger. (DUI - couple of weekends and probation). I also had some arrests for fights, but none of them were convictions - all were dropped). Not even a traffic ticket in over 25 years, so I am not sure why the Winchester was a decline, (which makes me worry about the .22LR that was delayed). I don't know all the gun laws, but from what I read, I don't have anything that should prevent a purchase.
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You have a pulse, that's enough of a reason for california to deny you. I thought you may respond with a state that's unfriendly to firearm owners, if anyone could weave a set of gun laws to restrict as many as possible I think Cali. would be #1 on the list. I'm sure someone with specific state info will be along eventually. Based on what you said I would ask how many 4473s did you fill out? should only be 1 form if you were trying to buy one and be gifted one at the same time from the same shop , if that's the case I don't know why one background check would be rejected and another they don't know a clear accepted or denied. Also not sure if there may be some law there that if denied your money is held for x amount of time to prevent you from trying to purchase again quickly, but I've never heard of such a law. I know a guy who had a bogus domestic violence charge years ago from an angry girlfriend, he can't get a gun because of it. A DUI can be a misdemeanor or a felony, if was a felony that right there is enough to shut you down for life. Good luck, sounds like you'll need it.
As far as you paying for a firearm you will not receive , I couldn't see the shop keeping your money without giving you the item you paid for. Never heard of that.
 
Passing or failing a NICS check per form 4473 has little bearing on what state is the origin of the check.
 
No store I've ever visited takes payment before ascertaining legal eligibility to purchase.

We are entering a new era of paranoia and echoing some of the above posts, just because you were not convicted on certain charges doesn't mean the system isn't designed to put you on a flagged list for having certain types of arrests in your background. Not saying that's what happened but that's the only explanation I can think of.
 
It's all an issue you need to take up with the FFL, you will not get a solution here.
 
As I remember I filled out one 4473 form to do the transfer of the Marlin 60. Then they rang up the Model 70 and no discussion about what might happen if I didn't clear, etc. I am learning as I go here, and the responses have been very helpful. Why one was rejected and one not, I don't understand. And if one was rejected, why would the Marlin get approved? So I am jumping to a conclusion the Marlin 60 transfer will be rejected too, (still waiting on the official outcome). My receipt says all sales final and failure of DOJ - 25% so I guess that is my worst case, (expensive lesson).

I have been wondering if any of my marriage counseling is a factor - seems that falls under "mental health" for insurance purposes. I'll wait it out and let you know how it goes. Thanks to everyone that has replied!

SNR
 
As I understand it lots of problems with CAs checks. Purchase Background check goes thru CA DOJ, I hear all kinds of stories about people failing the check for ammo that shouldn't/
Concerning the background check/failure you might try contacting CRPA (California Rifle and Pistol Association) theyh might be able to give you some info to help.

Not a lawyer but as far as the money if you can't get the gun one would think they would be required to return your money minus a fee for the check.
 
I got a DOJ letter in the mail. To me it still seems very vague..."...my firearm purchase is delayed because federal or stare record match my identifying information OR stolen firearm record." Since I don't know if it is related to the consignment rifle from the shop or the rifle transfer from my buddy...stolen rifle(s)? They confused me with someone else...again, I don't feel I have anything that would prevent me from purchasing a rifle. I did the paperwork/purchase on 12/20/19. I got the letter on 12/26/19. I guess I have a few more days to wait to figure out if the DOJ makes a decision or not. Seems the gun shop will not release the rifle(s) on their own if the DOJ doesn't make a decision. So the transfer would nullify, (I guess). The Winchester purchase would be nullified?? Anyhow, a couple more days to see what decisions are made. Very weird as a .1 DUI 25 years ago, (misdemeanor) doesn't seem to fit any reason to reject. My fights, while not proud of, (7 counts of assault) dropped so there is an arrest but no conviction. Not even as much as a traffic ticket in the last 25 years. Not sure why else I could be rejected. Will advise what happens in the next week or so.

Mike
 
Update....today is 30 days and I was notified by the FFL that the CADOJ approved the transfer of the .22LR Marlin 60. They are resubmitting the .30-06. I guess a little patience goes a long way.

Mike
 
Did a tactical defense class on Sat. Shot M4 Carbine and some M1A, (modern versions). Super fun and left at 5:30pm...FFL closed at 5pm...went today and FINALLY got my Marlin 60 from the 70's. Filled out new paperwork for the prewar Winchester Model 70....I hope in 10 days I have my .30-06.
 
Got my .30-06 and there was some drama with it. All worked out now, (another thread about it). The Marlin 60 I spent some time learning about the last shot hold open and found that the side plates on the older models were thicker than the newer models. I found a bolt release leaver that was made for the thicker side plate. My bolt was the right one for the new feed throat and was able to mod the rifle to now have the last shot hold open feature. 1977 Glenfield Model 60 with the hold open feature. Now if the ranges would open in my area, I could shoot that damn thing. LOL
 
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