Delayed don't want it anymore

[jbett98]

I was delayed on July 1st, OSP declared a 30 day delay period.
On August 1st, they hadn't extended it, so Tigard Pawn 4 More called me and said come pick up your pistol on the 5th and that satisfies the legal NICS Federal 3 day waiting period.
The 3 day waiting period is a Federal law, not the State of Oregons.
If you don't believe me, give TP4M a call.

 

[MountainBear]

It is completely legal for a licensed dealer to release a gun to a customer if a delay hasn't been resolved after three days. But especially after the gun used in the charleston shooting was acquired like this, more FFL's than not will not release a gun until a delay has been resolved. Rights are one thing, the risk to my livelihood is another all together...

 

[Hawaiian]

FYI, I haven't paid for anything yet.

Every time I have bought a firearm, the FFL required payment before running the background check.

 

[Osarion]

If you had come into my shop, agreed to a deal, ran the check, and decided to back out, I would ask for a restocking fee. Sorry, but that is inventory that was stuck for me. I couldn't sell it and recoup my money.

Do you usually only carry 1 of any given firearm? If you had more than one for sale, what potential sales are you missing out on?

 

[Osarion]

Then it doesn't meet the criteria of a sale "technically". In WA you must have Offer, Acceptance & Consideration. (Consideration) is something of value changing hands.

So for example a gun shop has a policy where if you cancel your order or are denied by NICS, you're charged (I forget the amount) a fee. In this case you made and the shop would have accepted the offer, but there would be no consideration. You have given money for the item that you don't yet have. How can this be considered a sale?

 

[orygun]

I'd say that since money hasn't changed hands, the OP could call the gun store and "respectfully decline" to purchase said firearm. There has not been a purchase made. If the OP didn't pay for the background check, he should buck up for that.
However, since the OP stated intent to purchase the firearm, as shown by initiating the check, he should follow thru and deal with the delay. The OP had a verbal agreement to buy the gun.

 

[MountainBear]

Do you usually only carry 1 of any given firearm? If you had more than one for sale, what potential sales are you missing out on?

Yes, when I had my shop open, quite often I had only one of a particular type of gun. I was a very small shop in a very small town. I did a lot of special orders.

I lived month to month for two years, sinking every cent I had into my business, including selling off a good portion of my own collection. Some months I made a small profit, others I didn't. At the end, I couldn't compete with bimart on things like ammo and 10/22's and I couldn't compete with Sportsman's Warehouse for selection. People came into my shop, used me for my advice, and then went and bought elsewhere.
For all their bloviating, very few people actually put their money where there mouth is and support local. I had a very loyal customer base, but in the end it wasn't enough.
When my son turned six months old, I closed my shop because I realized it would never allow me to support my family. My shop was my passion and it broke my heart to do it.

Occasionally on these boards, people are fairly flippant about small shops. Some small shops deserve this treatment and scorn, because they don't treat their customers well.
But many small shops are a wealth of knowledge that are living month to month. Quite often they only have one of a particular type of gun. So when someone is delayed, it's often just as bad for the dealer, if not worse. You may be without your gun, your new toy, but the dealer might be without the profit he was expecting to make his bills this month.

At the end of the day, the OP has every right to call the shop and discuss backing out of the deal. Been delayed for over a month sucks. I have been there. But realize that there are consequences for the shop, not just for the buyer.

 

[mjbskwim]

If we knew the customer pretty well we would throw guns in the back for them. Very seldom would they not come back and buy. But Fred's had been around for nearly 30 years.
Now if we didn't know them money was changing hands if the gun was off the shelf.
The owner pretty much went by the law. Wa was 5 day,you got the gun in 5 business days.
So if he took the one and only gun of that model off the shelf for you and now you back out,he's potentially out that sale to another person. If he had 5 glock 19s in back I doubt he cares.
But if you do back out,unless you buy a lot of stuff there,don't expect much help in the future from these guys.

 

[IronMonster]

In my uninformed and often ridiculous opinion...

When you agreed to buy the gun... You agreed to buy the gun.

 

[mjbskwim]

In my uninformed and often ridiculous opinion...

When you agreed to buy the gun... You agreed to buy the gun.

Yes rediculous....keep your word? Pffff

 

[oknow]

Ok look at it this way for a second.
what would you do if you had a bg check and got delayed, a month latter you still haven't been approved another week goes by and you get approved on your bgc, you go back to the store and they say they sold it because it took to long. would that be right?????
You said you wanted it you had the store do a bgc. keep your word and buy it. if you don't want it there is a for sale section.
You can sell it as bnib.

YOU ARE ONLY AS GOOD AS YOUR WORD.

 

[Flopsweat]

Yes, when I had my shop open, quite often I had only one of a particular type of gun. I was a very small shop in a very small town. I did a lot of special orders.

I lived month to month for two years, sinking every cent I had into my business, including selling off a good portion of my own collection. Some months I made a small profit, others I didn't. At the end, I couldn't compete with bimart on things like ammo and 10/22's and I couldn't compete with Sportsman's Warehouse for selection. People came into my shop, used me for my advice, and then went and bought elsewhere.
For all their bloviating, very few people actually put their money where there mouth is and support local. I had a very loyal customer base, but in the end it wasn't enough.
When my son turned six months old, I closed my shop because I realized it would never allow me to support my family. My shop was my passion and it broke my heart to do it.

Occasionally on these boards, people are fairly flippant about small shops. Some small shops deserve this treatment and scorn, because they don't treat their customers well.
But many small shops are a wealth of knowledge that are living month to month. Quite often they only have one of a particular type of gun. So when someone is delayed, it's often just as bad for the dealer, if not worse. You may be without your gun, your new toy, but the dealer might be without the profit he was expecting to make his bills this month.

At the end of the day, the OP has every right to call the shop and discuss backing out of the deal. Been delayed for over a month sucks. I have been there. But realize that there are consequences for the shop, not just for the buyer.

I have two favorite shops that have worked out systems that let them compete fairly well. Add on top of that really good customer service, friendly staff and a genuine love for guns, and they each have large, loyal customer bases. Sometimes I actually feel guilty for one shop when I buy from the other.

 

[maddog]

Did I tell you guy how in Idaho if you have a carry permit you fill the paper out buy the gun and walk out with it?
No call?

Just couldn't keep quiet about that, could ya?

 

[Flopsweat]

Just couldn't keep quiet about that, could ya?

Heh, same in WA.

 

[MountainBear]

I have two favorite shops that have worked out systems that let them compete fairly well. Add on top of that really good customer service, friendly staff and a genuine love for guns, and they each have large, loyal customer bases. Sometimes I actually feel guilty for one shop when I buy from the other.

A smarter man than me once old me the only way to make a small fortune owning a gun shop was to start with a large fortune.
I started with no fortune and begged and borrowed to start and run it. I only had two negative customer interactions over two years. I worked very hard at being fair in my prices. But in the end, I could never get ahead. I could never quite build enough inventory for the shop to be self-sustaining.
But at the end of the two years, I held my head high that I always dealt fairly with my customers. I never lied, I never cheated, and I never stole. Regardless of the demise of my retail shop, I can be proud of high I conducted myself. Unfortunately, this just didn't translate into financial success.
Issues like customers backing out of deals didn't kill my shop, but they certainly contributed.

The point of my posts isn't to elicit sympathy. It's just to give the perspective of a small business owner and the difficulties that can be experienced.

 

[EPS]

You can change your mind and tell them to you don't want it I have done it before I was buying a shot gun from a Store in MT Vernon year's ago be for they went out of business mmmm I wonder why anyway I was put on hold went back 7 day's later they said I'm still on hold I ask them if the law is after so many days they could do the sale unless they got a denied call from ATF they told me they would not do sale till they got a OK from ATF I canceled the sale told them if they are waiting to hear from ATF THEY WOULD BE WAITING YEAR'S UNLESS IT WAS A DEFINITELY DENIED I went and bought the same gun from SKAGIT ARMS HAD IT IN HAND IN 5 DAYS .... PS I always get delay for every gun I have ever bought

 

[EPS]

To be fair I should have said it's up to the owner of the FFL if he or she wants to proceed after 5 day's some States it's 3 day's some it's more even if they get a proceed from ATF they have the right to say no if they suspect something is not right

 

[mjbskwim]

Heh, same in WA.

Nope,you still get a call or on the computer,we don't need that.
Having our permit says we already passed the check
Yes it could be that way in all states if the states allowed it

 

[mjbskwim]

Ok look at it this way for a second.
what would you do if you had a bg check and got delayed, a month latter you still haven't been approved another week goes by and you get approved on your bgc, you go back to the store and they say they sold it because it took to long. would that be right?????
You said you wanted it you had the store do a bgc. keep your word and buy it. if you don't want it there is a for sale section.
You can sell it as bnib.

YOU ARE ONLY AS GOOD AS YOUR WORD.

I agree mostly,but the store can not sell the gun as they have put that serial number on the form. It's locked in.

 

[EPS]

If you fill out the paper for a gun and they call it in that gun is in your name till they get a definite denied or you say you don't want it technically there just holding it for you till you pass bgc