Private party firearm transfer denied

[Alexx1401]

Ok then, if SELLER keeps the gun then the BUYER should hold his/her cash until the BGC is finalized.

FFL is already paid by whoever so this is immaterial. The FFL fee should be the only payment that is made until completion.

I see this as the best method IF the BGC does not clear immediately or soon while all are at the FFL.

Again sadly these laws were passed and now those of us who bother to follow the law are the only people who feel any pain. This is a big one here. Anyone wishing to do a transfer needs to ask the FFL they wish to use BEFORE they bother to show up. I have been saying this since the stupid law went in here. Many of course don't listen or even think about this. Have been many tales of someone ordering a gun to an FFL. They of course paid for the gun to get it delivered to the FFL. Then when they go to pick it up the BGC does not clear and the screaming and crying begins. So again anyone who wants to do this? The time to find out how the FFL is going to handle this is BEFORE you let your cash or your gun go. WA is going to prove to be a real PITA for this now even more than it was. At least the way it was first set up a LOT of people went into the shop, and in no time all was wrapped up. Buyer left with his gun, seller walked with his cash. That can't happen any more. So people need to find out how the FFL they chose is going to do things before they start the whole thing. I suspect we will soon be hearing tales of woe from people who did not take this advice and boy will they be mad when things go bad.

 

[Koda]

Id state up front the buyer has 30 days to figure it out and contact me for a refund, and only if the FFL agrees to return the gun to me sans BGC.
After that, its between the buyer and the FFL.

(In cases of denied BGC)

 

[dangerranger60]

Here in CA this has happened a lot. As a seller, I bring in the gun, give my information, and walk away with cash in hand. The buyer submits to a BGC and has to wait 10 days to get his gun. The state has 10 days to approve, delay or deny the transfer. Once I walk away with cash as a seller I'm out of the loop. Now the FFL and Buyer own and have possession of the gun. Most CA FFL's have a time limit how long they will hold a gun. the average is between 30 and 90 days before it becomes unclaimed property. This is spelled out in the contract between FFL and Buyer. With a long delay or a denial, the buyer and FFL have to come to an agreement what to do with the gun before the agreed time runs out. After the time runs out the gun becomes unclaimed property and can be sold by the FFL for storage fees.

One reason CA FFLs are hesitant to take internet transfers is buyers use a credit card to have the gun shipped to the FFL and if they are denied, the buyer cancels the transaction. Now the FFL is stuck fighting the seller for who is paying to ship the gun back. In this case the seller and FFL have no signed contract. These get ugly. DR

 

[gun4me]

Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?

I believe the feds put a freeze on all person to person sells a few months ago. Even if you use an FFL dealer. Thank the commie left. They will stop at nothing to take away ur God given rights.

 

[Alexx1401]

I believe the feds put a freeze on all person to person sells a few months ago. Even if you use an FFL dealer. Thank the commie left. They will stop at nothing to take away ur God given rights.

If the Feds did this I missed that. Last I heard many states still allow private sales to be done between buyer and seller. Has anyone here heard they passed another law that all states have to do it this way now???

 

[Sxsnuf]

I'm not sure I even understand how the OP is privy to the fact that the buyer failed the BGC? Why would the FFL even share that with the seller? No longer the the seller's gun, none of the seller's business. The OP reached out to the buyer without any response. Close the book on this and count your money.
What am I missing here?

 

[ar man]

So simple fact your free and clear of anything you may feel obligated for a sale of a gun to a person who maybe or maybe not for unknown reason held up on a gun transaction between him, here or other and the FFL. Just like when you sale a car privately to someone and you notify the dmv of the sale. They fail to register the car in there name they leave it in Portland abandoned in Portland it gets towed not your bill not your problem.

 

[Lazyfaire]

Question for the folks who might of found themselves in a similar situation. Over 3 months ago I sold a firearm to a individual who's background check was ultimately canceled for unknown reasons to me. Private party transfer was done threw a FFl dealer and where its still being held to this day. I've offered to refund the money and put it back in the safe without reply. My question is, what happens to the firearm if not picked up and who's name is it still under?

@Jlarson5 is the seller of the firearm
He was paid for the firearm
The buyer's BGC was denied at some point
Seller no longer has possession of the firearm
FFL has never contacted the seller since

Sounds like a done deal to me. You've got the money, and now have more room in your safe to buy something else

 

[Bill Siegle]

The firearm is in a safe place(FFL safe) and the property of the denied buyer. The denied buyer can transfer to another buyer who can pass a transfer, sell it to the holding FFL, or even transfer it to a buyer out of state. Now the buyer and seller could agree to undo the deal and return money and firearm but the FFL will still need to run a background on the original owner and will expect to be paid for the service I'd expect. If the buyer has not returned contact to the original seller, I'd write it off as not my problem anymore. If you show up as a buyer and cannot pass a background check, I would not waste any effort to make your situation my problem.

 

[Koda]

What about a false denial?
I would at least want to give that person a chance for a refund but not gonna wait much more than 30 days.

 

[Alexx1401]

What about a false denial?
I would at least want to give that person a chance for a refund but not gonna wait much more than 30 days.

If it was me? It would be again "not my problem". If it is "false" as in buyer can still own a gun? Then buyer will need to get it fixed. Buyer did not hire me to be his personal assistant, he bought a gun. Now if maybe I had sellers remorse? Wishing I had not sold the gun? That has happened to me. Sold a few I wish I could have back. In that case I would offer to buy gun back with original buyer paying all fee's that the FFL asked for.

 

[Koda]

If it was me? It would be again "not my problem". If it is "false" as in buyer can still own a gun? Then buyer will need to get it fixed. Buyer did not hire me to be his personal assistant, he bought a gun. Now if maybe I had sellers remorse? Wishing I had not sold the gun? That has happened to me. Sold a few I wish I could have back. In that case I would offer to buy gun back with original buyer paying all fee's that the FFL asked for.

Some people have bought guns then suddenly they get a denial. Now I have his money, hes got no gun and no money. The FFL now owns the gun they basically got for free. If the buyer does all the work in a reasonable amount of time, and I dont have to pay for my own BGC to get it back then I dont mind refunding the money.

 

[Juniper9mm]

Money Market Pawn WON'T Hold Firearm in Private Transfer While BGC is In Queue

Posting this incase you want to do a transfer at Money Market Pawn and ABSOLUTELY want them to hold the firearm until the BGC clears. They won't do that anymore. I bought a new firearm online, shipped to Money Market Pawn (MMP) - where I do most of my transfers since it's close to where I...

www.northwestfirearms.com

I think this is what Peter is trying to prevent.

 

[Bill Siegle]

Some people have bought guns then suddenly they get a denial. Now I have his money, hes got no gun and no money. The FFL now owns the gun they basically got for free. If the buyer does all the work in a reasonable amount of time, and I dont have to pay for my own BGC to get it back then I dont mind refunding the money.

The FFL has possession of the gun. Not ownership. The buyer will need to work with the FFL to decide the fate of the gun. It's not freebies for FFLs at all.

 

[Koda]

The FFL has possession of the gun. Not ownership. The buyer will need to work with the FFL to decide the fate of the gun. It's not freebies for FFLs at all.

What does the FFL do with the gun if neither party return to claim it?

 

[Bill Siegle]

Most FFLs have policies pertaining to abandonment of items. It would behove buyers and sellers to make themselves aware of the policy before choosing a FFL.

 

[ma96782]

Of note: https://www.northwestfirearms.com/t...rivate-transfer-while-bgc-is-in-queue.474674/

What could possibly go wrong the voters insisted.



Aloha, Mark

 

[drstrangelove]

This thread is mental masturbation. Reminds me of Cliff Claven.
Options:
A: FFL sells it and give a portion of the proceeds to the denied buyer at 60% of selling price, or as determined by store policy. They didn't pay for that gun.
B: If they were nice, they would consider it consignment and only take 15% plus FFL and storage fees, rest to buyer.
C: The FFL is a total dyck and doesn't reimburse denied buyer at all... The denied buyer sues the FFL, and the judge decides what is fair or per contract signed outlining the what ifs at time of attempted transfer.

 

[Koda]

This thread is mental masturbation. Reminds me of Cliff Claven.

If only,... oh, you know a gun forum like this. Had. an actual FFL that would chime in here. What are the odds there would be none.Weird.
we wouldnt have to speculate.

 

[Alexx1401]

Some people have bought guns then suddenly they get a denial. Now I have his money, hes got no gun and no money. The FFL now owns the gun they basically got for free. If the buyer does all the work in a reasonable amount of time, and I dont have to pay for my own BGC to get it back then I dont mind refunding the money.

Pretty sure that is not how it works. When I asked the shop I shoot at about selling on consignment they make it clear that they take the guns. If later I decide I want them back I have to pass a BGC to get them back. Even though I passed one to buy them once they are listed as belonging to the FFL, the FFL can not just hand them back to me. Again though it would not be my problem that the buyer can not legally own a gun he tried to buy. If his denial is a mistake I am not his personal assistant to clear it up. That is on him. If he really just can't own a gun? Now the FFL has it and he can ask them to sell it for him. Again buyer did not hire me to be his assistant.
Again though if I wanted the gun back? Would not mind offering the buyer the chance to get some of his money back. Few if any FFL's are going to do this free. Whatever they charge he would have to be willing to pay.