Gun sale delayed, dealer keeping money?

[AH.74]

I know in Florida, we are a "shall issue" state and they must tell you why you were denied. NOt sure about good ole' NY....

Bill- you're referring to the issue of a CCW permit. The issue here is denial of a purchase. Two entirely different things.

H1- you sure were unlucky to deal with such a complete jerk. Restocking fee? That guy is an utter cad and would have heard it from me. What an ass.

Good luck on the appeal.

 

[Spats McGee]

. . . .The check was short $20 dollars and he stated that he could have charged me $50 for a re-stocking fee and that I should be grateful.

Restocking fee? For an item that never left his stock?!? That's scamming you, plain and simple.

 

[dogtown tom]

H1N1
I am just curious, At any point does the FBI have to let me know why I was denied?...

Yes.
First you need to make a WRITTEN request to find out why they issued you a denial. You cannot make a phone call, it must be in writing: email, snail mail, or fax. The FBI has five days to respond with a reason for your denial.
If you choose to appeal the denial you will need to provide the FBI NICS with fingerprints, court documents, etc to prove your case.
http://www.fbi.gov/about-us/cjis/nics/appeals/nics-guide-for-appealing

H1N1
....Does the FBI have to provide me any information or can they just do what they often do - Ignore them and maybe they'll go away...

I don't know your previous experience with the FBI, but they definitely do not ignore you.

I've had one customer who received a NICS denial. It took five months for his appeal to be granted (October '09-March '10)

 

[pax]

I just deleted a post that contained dangerously bad advice. Purchasing a firearm with the intention of giving or selling it to another, with the purpose of skirting an NCIS rejection, is a felony.

Don't risk it.

pax

 

[riggins_83]

I just deleted a post that contained dangerously bad advice. Purchasing a firearm with the intention of giving or selling it to another, with the purpose of skirting an NCIS rejection, is a felony.

Don't risk it.

+1 to that. I had a customer who stated he'd be declined on his background check and was going to have the paperwork done under his mom's name instead. Was really ****** when I said no... then she insisted the gun was for her, not him though he'd told me the opposite. I will not be part of a straw purchase...

 

[556Isdeadly]

I didn't suggest a straw purchase, to be fair. Suggesting someone you know buy a gun you like is not illegal. They are buying the gun. Not filing paperwork for you , as in fraud.

Since when did we let this communist government control our thoughts ?

 

[KBP]

Straw buy

If I buy a rifle for my son, or I give my son a rifle, is this a straw buy?

 

[556Isdeadly]

No, a Straw buy is a person intentionally filling out an Ncis form for another individual.

 

[Bud Helms]

... Purchasing a firearm with the intention of giving or selling it to another, with the purpose of skirting an NCIS rejection, is a felony.

That is a fact.

Get someone you know to buy the weapon you want, then buy it from the person , as long as said person doesn't buy it "for you" it's legal.

That is a distinction parading as a difference, which, given the context of this conversation, it is not.

Before you cross swords with the BATFE, you should probably have your stuff in a tight little pile. In the meantime, don't do it on TFL.

One more thing:

Since when did we let this communist government control our thoughts ?

This is something else we don't do here: politics. Just think of it as the law.

No, a Straw buy is a person intentionally filling out an Ncis form for another individual.

Negative. "A straw purchase is when a buyer uses an intermediary (the "straw man") to purchase a firearm(s) from a licensed firearms dealer. The purpose is to hide the true identity of the actual purchaser of the firearm(s). Straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can be charged with lying on Federal Form 4473) and the actual possessor. ..." Quote is courtesy of the National Shooting Sports Foundation.

 

[556Isdeadly]

Fair enough Bud,

I've always filled out my forms, No one I know buys firearms. I don't plan on fighting the BATF, I vote and donate to the NRA to prevent abuse of federal powers.

Hey Bud, is it Legal to post a sample NCIS form? That would help I think.

 

[scottl]

Here's you a pdf of it.
http://www.atf.gov/forms/download/atf-f-4473.pdf

 

[556Isdeadly]

Awesome ! I'm still Legal. I was worried about my recent conviction of a violent crime but it's a misdemeanor and not over a year possible sentence.

 

[hogdogs]

IIRC, there is also the "up to 3 years" or some such on DV "Domestic type Violent or could become violent... or some such..."

Brent

 

[Drachenstein]

Restocking Fee isn't that when you've purchased something and for one reason or another returned it? If you were denied it's a "no sale",,,,, it never left stock inventory. Small claims court if you want to press the point, in most states you can also claim filing fees and court costs. His $20 rip off can end up costing a bit more.

 

[hogdogs]

How does an FFL dealer claim he never transferred a gun to a feller when he charged a "RESTOCKING FEE"... I think I mentioned something similar a few posts back...
Brent

 

[wally626]

A non-refundable deposit may be in order on a special order gun or a transaction of that type, but the details should be clearly explained to the buyer prior to the deal. Just buying a gun off-the shelf would not seem to qualify for a re-stock fee.

 

[Miata Mike]

I am sorry to hear about the $20 fee, but at least it is over. He will lose way more than $20 from the bad word of mouth that I am sure will be dished out to friends and coworkers. I agree that he sounds like a jerk. :barf:

 

[natman]

Just to play devil's advocate, let's look at this from a dealer's point of view. The dealer has a considerable amount of paperwork into this transaction. It's not the dealer's fault that the transaction was denied. At our shop, we charge a restocking fee to discourage people who know they are likely to have a problem from taking a flyer on a purchase to see if they pass. It only gets charged if:

the buyer gets denied
AND
the buyer requests a refund.

We've had guns tied up for months while the buyer appeals the denial.

As long as the restocking fee is clearly posted up front, I don't see $20 as being unreasonable.

Remember, we've only heard this story from the buyer's point of view. Pardon me now while I step into my flameproof suit. Thanks.

 

[Wag]

natman, it's just part of the cost of doing business. Like paying for the lights.

--Wag--

 

[AH.74]

The dealer has a considerable amount of paperwork into this transaction.

He had the gun in stock, already logged into the book. As noted, this is part of general business cost prior to sale.

He called in the 4473, and then called again later. Then he apparently received a denial notice. The gun was never logged out of the book.

He took cash and insisted on cutting a check back to the OP despite his asking for cash back.

A few minutes of time? Yes. Considerable paperwork? Not really.