Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Fail Background Check

Discussion in 'General Gun Discussions' started by Praxidike, Jul 19, 2014.

Thread Status:
Not open for further replies.
  1. Praxidike

    Praxidike Member

    Joined:
    Jul 18, 2013
    Messages:
    461
    After buying several firearms (even one a couple of months ago 'Sig P238'), and having a valid VA CWP, I was deigned the purchase of a handgun at my LGS that I had shipped to them via online order yesterday. I was given a number to call to find out why. I was told by the officer that the only problem was that there was an issue with my license, and I should have received or will be receiving something in the mail soon regarding the problem. Being that it was 5pm and DMV was closed, I told the FFL dealer I'd be back in the morning. I took care of everything with DMV today, but I have to wait for them to mail out my reissued license to my home which will take 5-7 days. I told the FFL that I'd be back as soon as it comes in, and he seemed okay with it.

    Well I have 1 minor and 1 major issue I need advice about. The minor problem is, and I'm just finding this out for the first time, I still might not be able to pick up my firearm for 30 days because of the following VA law:

    So even though I lived, worked, and have only been in DMV's records in the state of VA for the last 2 decades, I still have to wait 30 days before I can get my gun because the issued date on my license changed on my new card and it was not for a renewal.

    The FLL dealer was referred to me from the online site. I had only called and emailed them a few times prior to me going to pick up the firearm. Well, while researching my options, I just came across the following on the FFL's website:

    So basically my gun cost $400. If this guy tries & charge me $100 just because + $20 transfer + $10 for the 30 days that I have to wait, he'll basically will get a free firearm. The FFL and I chatted for a few, and he seemed pretty nice and helpful while I was there and all of the other times we spoke, but just in case, is there anything I can do to protect myself ahead of time? I have not spoken to him about this yet.
     
  2. barnbwt

    barnbwt Member

    Joined:
    Aug 14, 2011
    Messages:
    7,039
    Written promise?
     
  3. Praxidike

    Praxidike Member

    Joined:
    Jul 18, 2013
    Messages:
    461
    of?
     
  4. rwehnau

    rwehnau Member

    Joined:
    Jun 24, 2006
    Messages:
    29
    Location:
    Ancho NM
    Problem with license? Oh well, business is business
     
  5. OARNGESI

    OARNGESI Member

    Joined:
    Sep 9, 2011
    Messages:
    803
    Any fees are really up to him, but if he really seems.like a good guy im sure.he will just let you get your item simply for the transfer fee. I'm sure that sign is just too discourage people from wasting his time
     
  6. AlexanderA

    AlexanderA Member

    Joined:
    Feb 27, 2011
    Messages:
    3,011
    Location:
    Virginia
    Go back to the DMV and get a copy of your driving record showing that the original license (the one with which you had the problem) was issued more than 30 days prior. Or maybe the dealer will accept the original license as evidence of that. Talk to him first.
     
  7. Tirod

    Tirod Member

    Joined:
    May 24, 2008
    Messages:
    4,492
    Location:
    SW MO
    Lots of dealers have some pretty onerous charges to compensate for "that buyer" who they occasionally have to deal with. It doesn't mean they won't waive the charges in your case, many would simply trying to be nice about a difficult circumstance.

    But the fees are becoming common, even necessary in an era where they are getting cut out of the deal by internet vendors. He's got all the expenses of an actual brick and mortar store, local costs are always higher with his shop running far less volume than the internet dealers cutthroat warehouse operation.

    Talk to the FFL and they will clear up your situation directly, we can't forecast or guarantee any solution. What can be said, tho, is that internet transfer fees will go up, have been going up, and are likely to finally top out in the future at the price of their lost profit. It's going to be an across the board movement by them to stay in business, the govt is backing them as the licensed outlet, and we aren't going to get any traction about it in the long run.

    Except with 80% and 3D printing.
     
  8. Potatohead

    Potatohead Member

    Joined:
    Mar 9, 2013
    Messages:
    5,370
    I guess you could always just not go get it.

    Then buy it somewhere else and have it shipped to another FFL..

    I wouldnt do that, but it's an option.
     
  9. mrvco

    mrvco Member

    Joined:
    Jun 1, 2011
    Messages:
    697
    Location:
    Colorado
    He has already paid $400 + shipping to his local FFL for the gun. No one in their right mind would walk away at this point.
     
  10. MachIVshooter

    MachIVshooter Member

    Joined:
    Aug 11, 2005
    Messages:
    14,410
    Location:
    Elbert County, CO
    Just get a copy of your MVR.

    Well, your case is not really a denial; It's a technicality issue. Also seems like a generally silly policy, as unless someone had paid for a firearm up front, I don't see how they expect to collect those fees on a denial, since holding the firearm hostage would be a moot point if the transferee cannot take possession of the firearm. I agree, though, that it is a policy they have just in case, but will most likely waive such fees for folks with issues like yours. If not, that'd be pretty bad business.
     
  11. TennJed

    TennJed Member

    Joined:
    Sep 26, 2010
    Messages:
    3,454
    In steps the tabletop home FFL. They will take care of the transfer needs at a lower cost. It is happening now and will continue to
     
  12. sota

    sota Member

    Joined:
    Dec 19, 2012
    Messages:
    447
    OP: have you talked to the FFL and explained the situation, and asked if he'll be applying the fees you're worried about? A simple phone call should take care of the problem.
     
  13. BSA1

    BSA1 Member

    Joined:
    Apr 20, 2011
    Messages:
    5,241
    Location:
    West of the Big Muddy, East of the Rockies and Nor
    It is not clear what the problem is with the O.P.'s drivers license. I do not know what a "technical issue" is.

    This seems to be the easiest way to resolve the problem.
     
  14. RustyShackelford

    RustyShackelford member

    Joined:
    Apr 27, 2006
    Messages:
    4,020
    PIN?.....

    I'm not sure of all the details but for future purchases, you might want to obtain a PIN or personal ID number. ;)
    It's a special code the ATF gives you to expedite any firearm purchases.
    The Yankee Marshal who hosts a Youtube.com channel has one. He buys a lot of firearms so he's doing background checks/forms often. From what I know he has a valid CCW too so it's not like he's a felon with his civil rights restored or on some TSA watch list. :uhoh:

    Other forum members posted how to get a ATF/PIN do maybe they can give you a link.

    Rusty
     
  15. trigga

    trigga Member

    Joined:
    Jul 31, 2007
    Messages:
    1,021
    Location:
    WI
    i had something similar. i was buying a shotgun except i had moved (same city) and had not changed my address on the license. had to go to dmv to get the temp tag. didn't end up buying it.
     
  16. Potatohead

    Potatohead Member

    Joined:
    Mar 9, 2013
    Messages:
    5,370
    Oopsy! Bad idea on my part. Ive never ordered online and done a transfer. Shouldve figured it worked that way though:banghead:
     
  17. mnrivrat

    mnrivrat Member

    Joined:
    Dec 24, 2002
    Messages:
    4,629
    Location:
    MN
    Perhaps the problem is that he didn't renew and it expired. Then the DMV would not show a date of issue 30 days prior .

    In that case I would be talking real nice to the FFL and perhaps asking him if this time he would settle for a steak dinner ?
     
  18. Blackhawk30

    Blackhawk30 Member

    Joined:
    Jun 7, 2010
    Messages:
    328
    The Virginia law that the op quoted only applies to people who are new to the state.I don't think you have to go to the dmv for a copy of your driving record.They can check that online now.
     
  19. Praxidike

    Praxidike Member

    Joined:
    Jul 18, 2013
    Messages:
    461
    I hope that is the case, but that's not how the law is worded. I'll have to wait to find out.
     
  20. Praxidike

    Praxidike Member

    Joined:
    Jul 18, 2013
    Messages:
    461
    I've read in the archives over on vagunforum that people who simply updated their address after moving within the state had to wait 30 days as well. I do not really understand the purpose of this law, and why people who replace, update, or get reissued a license or ID for any reason have to wait 30 days. Makes even less sense when you take into account that private sales are legal here with no other restrictions other than not being a criminal and being a resident of the state.
     
    Last edited: Jul 21, 2014
  21. stonecutter2

    stonecutter2 Member

    Joined:
    Jan 29, 2009
    Messages:
    1,182
    Location:
    Bloomington, IL
    ...written promise that he will only charge you $____ to have the firearm transferred to you?

    What else would it be a written promise of? That's the issue at hand, right...how much will they charge you since you didn't have all of your ducks in a row.

    It stinks but it happens. They may have that policy but enforce it selectively for "that kinda person" that completely wastes their time.

    Talk to the FFL that currently has the firearm that you purchased, confirm the terms of the transfer, date of pick up, and get a written agreement. Pay ahead of time so you can show it's paid in full. That way you don't walk in to get your transfer to the tune of 100's of dollars you weren't expecting.
     
  22. brboyer

    brboyer Member

    Joined:
    Mar 26, 2009
    Messages:
    956
    Location:
    Tampa Bay Florida
    :confused:


    First, it's the FBI not the ATF.

    Second, that has absolutely zero to do with the OP's situation.
     
    Last edited: Jul 24, 2014
  23. texasgun

    texasgun Member

    Joined:
    Nov 8, 2012
    Messages:
    371
    "ALL DENIED
    Transactions will incur a fee of $100.00 and storage fees are effective
    immediately ($10.00 per day)."

    sounds like a dealer I would NOT do business with :what:

    also: was your transaction denied or "canceled" ? I think not having the DL in time makes it canceled rather than denied. Denied = you are legally prohibited from owning a gun, canceled = transaction did get proceed because of expired/missing documents....
     
  24. moxie

    moxie Member

    Joined:
    Dec 30, 2002
    Messages:
    3,069
    Location:
    Erath Co., TX
    Concur with sota in#12 above.

    A simple phone call should alleviate any concerns on the part of the OP.
     
  25. NoVA Shooter

    NoVA Shooter Member

    Joined:
    Jul 13, 2009
    Messages:
    178
    I would think that if the FFL's policy was not agreed too then you're not held to it. 'Agreed to' can be a tricky thing, but if the only contact was by email and those emails didn't contain any language about terms (implicit or direct), you may be in the clear. If you were made aware (even in the slightest way) that terms and conditions existed (e.g. fine print in the email referring to terms and conditions, wording directing you to the website for details, or even if the online site that referred you made mention of them), simply agreeing to do business would probably constitute consent.
     
Thread Status:
Not open for further replies.

Share This Page