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

[blaisenguns]

Hey, I bought a gun online and am having it transfered through a local dealer. I bought the gun on the 13th, and on monday whe it was delivered to the shop I was told I could pick it up on Thursday after 5:00. So I went there after 5:00 today and was told I had to wait until tommorrow. After insisting that the clerk check the date of purchase, he confirmed that he could transfer the gun to me, but was unwilling to do so until tommorrow. "Wait just one more day, its no big deal" he said. To me it is a very big deal. Do I have any recourse? I am absolutly furious.

 

[rondog]

This time, I think you pretty much have to wait. But you certainly don't have to use this yokel again! Or buy anything from him. Or ever darken his doorway for any reason. Might mention that as you head out the door tomorrow with your new pop gun......

 

[blaisenguns]

Of course! But the thing is I cant pick it up tommorrow, becouse he is only open from 10-3, and I work from 10-6, and he isnt open saturday, so I have to end up waiting 8 days!!!! I feel like I am in California!!

 

[DenaliPark]

Of course! But the thing is I cant pick it up tommorrow, becouse he is only open from 10-3, and I work from 10-6, and he isnt open saturday, so I have to end up waiting 8 days!!!! I feel like I am in California!!

Well then there's nothing you can do about it....If it was me, "I'd ensure that I pick it up on Friday, I'd find a way to leave work for an hour...

 

[wyocarp]

There has to be more to the story. Find out what the rest of the story is if you don't know.

 

[IBEWBULL]

The clock starts ticking when the paper work is called in for the background check.
As always better safe than sorry, put yourself in the dealers position and next time call first and save a trip.
After all the red dawn isnt here yet.

 

[dogtown tom]

blaisenguns: ...I bought the gun on the 13th, and on monday whe it was delivered to the shop I was told I could pick it up on Thursday after 5:00. So I went there after 5:00 today and was told I had to wait until tommorrow. After insisting that the clerk check the date of purchase, he confirmed that he could transfer the gun to me, but was unwilling to do so until tommorrow. "Wait just one more day, its no big deal" he said. To me it is a very big deal. Do I have any recourse?...

What does your date of purchase have to do with anything?
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.

As far as recourse? None. Just find a dealer that actually cares about his customers.

blaisenguns Of course! But the thing is I cant pick it up tommorrow, becouse he is only open from 10-3, and I work from 10-6, and he isnt open saturday...

Did you not know this before you had the seller ship the gun to him?



.

 

[brboyer]

What does your date of purchase have to do with anything?
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.
[snip]

Actually it's from the time of purchase (at least in Florida) and since you are not 'purchasing' from the receiving FFL, there is no wait.

 

[blaisenguns]

Yes I am in Florida, it is done by date of purchase, and I called the dealer and was told Thursday after 5. It isnt about the wasted trip, it is about this deleted -- <Sam> depriving me of my rightfully owned property. I had a transfer done with these folks before and it was fine. This is inexcusable, and I have a hard time beleiving this is legal.

 

[orionengnr]

There is a huge difference between "inconvenient" and "illegal".

From your story, I'm not sure which category this falls into...but I have my suspicions.

If it is the latter, post evidence, and pursue it legally.

If it is the former, learn to live in the real world.

 

[Tachardiapsyche]

Vote with your Money and shoe leather. Let them know why & be unreasonable.

 

[dogtown tom]

blaisenguns: ...This is inexcusable, and I have a hard time beleiving this is legal.

Inexcusable? Maybe.
Legal? What law have they broken? They told you to come back. There is no Federal law that makes a dealer transfer the gun when it is convenient for the customer.

Stuff happens. If you needed immediate satisfaction maybe you should have bought locally instead of transferring a gun from out of state.

My former dealer took eleven days (after my gun arrived at his premises) before he returned my phone calls or emails. I gave him another chance two months later and it was a twelve day wait. I thought I could do better so I got my own FFL.

I make it my #1 priority to respond to customer emails and calls and notify them immediately when their firearm arrives. I make every effort to have customers pickup their guns the same afternoon as they arrived. Some guys will arrive five minutes after I notify them their gun is "in", others will wait days before picking up. One customer took three and a half weeks to come in- and he swore he was in town the whole time...just "real busy".

I'm a kitchen table FFL so I have some flexibility in how I schedule customers transfers. I presume your dealer does as well. It may be that only certain employees are allowed to process transfers or that only certain employees have access to the safe where your gun is stored. In any event, I would make it a point to find out why you were turned away on the day they told you to come in and pick up. It is worth a phone call to see if they will stay open late on Friday to allow you to pick up your gun.

If you don't get satisfaction, vote with your feet and find another FFL for your transfers.

 

[o Unforgiven o]

If he confirmed that the gun could go home with you why would he not let you have it?

 

[Hanzo581]

I was told I could pick it up on Thursday after 5:00

If you have the name of the person that told you that, ask them why you were misled, then talk to them about waiving the transfer fee since you were inconvenienced. Otherwise, don't do any business with them in the future.

 

[blaisenguns]

Legal? What law have they broken?

The statute on theft in FL is as follows:

A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
A. Deprive the other person of a right to the property or a benefit from the property.
B. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

There is no Federal law that makes a dealer transfer the gun when it is convenient for the customer.

What law says they can keep it past the waiting period?

If he confirmed that the gun could go home with you why would he not let you have it?

The clerk said "Its good to wait an extra day". This is beyond simple inconveinience. This is rediculous! I am being deprived the right to my property (albeittemporarily), and I think this could be case for a theft charge.

 

[Jim K]

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.

Jim

 

[blaisenguns]

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 understand that Mr Keena, but what says they can keep the gun (my property) past the waiting period? The waiting period is over, the clerk even admitted that, so what gives them the right to withhold my property? I will gladly stop "ranting and raveing" if someone can show me how the can withhold my property past the legal waiting period? 5 days, I bought it on the 13th.

 

[dogtown tom]

blaisenguns

Quote:
Legal? What law have they broken?

The statute on theft in FL is as follows:

A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
A. Deprive the other person of a right to the property or a benefit from the property.
B. Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

None of which applies. But go ahead and knock yourself out....file charges and see who laughs loudest: the police or the dealer as he tells you to take a flying leap. (and then he tells you to sit on it awhile until HE feels like completing the transfer.

BTW.... although you may own the firearm, the dealer is in lawful possession under Federal law. And again, there is no Federal law OR Florida law that requires a dealer to hand over a gun after X days. You didn't mention completing a Form 4473 and passing a NICS check- both of which must be done before you can take possession. So..........you might even get a delay or denial on this transaction.

Quote:
There is no Federal law that makes a dealer transfer the gun when it is convenient for the customer.

What law says they can keep it past the waiting period?

Federal law and ATF regulations allow a firearms dealer to refuse a transfer for no reason at all. Piss him off and he might just do this.

....and I think this could be case for a theft charge....

Don't be silly.


...

 

[wyocarp]

Right on the money. An FFL can deny the transfer of a firearm to anyone he feels shouldn't have it. I wish I knew the whole story, not just your side. And based on the ranting on here, you might slide into the category of someone who shouldn't own a firearm.

 

[tinygnat219]

Wait the extra day to get your gun, then don't do business with this guy again and let him know why. Quite simple really.

 

[Russ Jackson]

Maybe something happened to the gun when they opened it and it is getting fixed. Check the gun out real good when you see it. Personally I would have asked to see the gun. I would not make a scene just keep your cool get your gun and move on...Russ

 

[blaisenguns]

RE dogtown tom :

although you may own the firearm, the dealer is in lawful possession under Federal law. And again, there is no Federal law OR Florida law that requires a dealer to hand over a gun after X days. You didn't mention completing a Form 4473 and passing a NICS check- both of which must be done before you can take possession.

Understood, they dont have to do the transfer, but since they do not own it if they refuse the transfer (assuming that I am legally allowed to own the Item) then what happens?

RE wyocarp:

you might slide into the category of someone who shouldn't own a firearm.

I dont see the need for personal insults.

Wait the extra day to get your gun, then don't do business with this guy again and let him know why. Quite simple really.

Ultimatly that is what I will have to do, I have no choice, but the situation is agrivating at best.

 

[tinygnat219]

Yeah, it sucks. I fall victim to the "I want it now" disease. I'd sometimes even track the shipment and showup at the store prior to it being received and logged in when it did arrive and then I used to bug the guys at the store to transfer it to me now. That was early on.

Now I simply wait a bit until I get a call from the dealer to come down. It's always on the same day and if I can get there, I do. If not, I go down the next day.

 

[sansone]

The dealer is the owner of the gun until the transfer is complete. I question why the dealer told you to come at 5pm and not conduct the transfer? something is missing from this story. many times a customer has called to warn me of his late arrival. I lock the door and read a magazine until he arrives. If a customer is rude and makes demands, I return the gun to the shipping dealer.

 

[blaisenguns]

something is missing from this story.

What could shed more light on this for you folks? I didnt fail the NICS check, becouse he refused to do it. I was not rude or demanding, he told me I had to wait until tommorrow, I asked politly several times for him to check the date on the invoice to be sure, he did and he confirmed that "after 5 is considered the next day", but told me I can wait until tommorrow. He said "Its good to wait another day". I know this gentlman is not the owner of the store, becouse last time I delt with the owner, and everything went fine. I think the clerk is either ignorant, or lazy, or possibly not authorized to do the transfer, but for the latter case I would have understood if he had explained that to me, and that is most definatly not what he said.