Tropic pawn refuses to give me my gun

[bmwguru325]

On April 29th 2016 I went to the pawn show to do a ffl transfer per the law and receive a background check. I then went back on May 6th after not hearing back from them. The gentalman informed me that the check had not came back yet. Odd? So to help myself feel better I purchased a rifle that same day and passed the background check, and head home with my new rifle. So I waited another week still no call from them, so I went in to the pawn shop today, may 13th, to pick up my firearm. Being the 10 bruisesness days had elapsed. Why ten day do you say because of rcw 9.41.092 Washington state code states that after ten day if no denial has been issued by the state then I can legally receive the firearm. They told me that it is their policy to not give a gun to anyone until the back ground check has came back with an ok. Which is contrary to what the law states. Can an ffl alter the rcw codes at their leisure? Or do they have to abide by the laws that are astablished?

Now for the other side of the story. The gentalman at the counter call the sheriffs department to see as to why the bgc haven't came back yet. The officer said that they had not received the request from them. I then question the gentalman if he had sent the request for the bgc he said he did.

So how long can this go on? The law says max 10 days. But if the sheriff denies receiving the request but we can show that it was sent, what do I do. Do I go after the state or the pawn shop?

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[bmwguru325]

Rcw 9.41.092

 

[Joe13]

Hard to say. I'd tell the shop to resend it and put it on their priority list or you want a refund.

Most likely your legal recourse will be a much larger headache then just calling it a wash and getting whatever you have into back and try somewhere else I guess.

I have always recommended tropical pawn because of the good service I have personally had.

 

[TOVO]

I assume you do not have your WA conceal pistol as this is why the approval was sent sheriff of the county you leave in. I know Vancouver Sheriff department is quick and not so much in county's to the north.

The FFL can hold the gun as long as they want waiting an approval. Even though the Brady Bill calls for you to receive the gun after a certain waiting time.

When we had our FFL we held a lower for 8 months waiting for an approval that never came. This person even worked at PDX and had a Department of Homeland badge. Very strange.

 

[etrain16]

Can an ffl alter the rcw codes at their leisure? Or do they have to abide by the laws that are astablished?

As I've always understood the law, whether it be Oregon or Washington, the FFL may release the gun legally after 10 days, the law does not compel them to do so - it's at their discretion.

I don't know that I'd wait too long on it personally, but that's just me. If they're not willing to release after 10 days, I'd ask for a refund and go somewhere else.

 

[bmwguru325]

I do not have a permit, and I don't carry. But have debating getting one.

So Tovo, you are saying that a ffl can hold the gun as long as they feel. That's disheartening.

The employs were nice, but nice doesn't get my gun. They did resubmit the request so I guess I will have to wait another ten days.

 

[bmwguru325]

I would like to ask for a refund but this is a not so private party transaction.

 

[etrain16]

I would like to ask for a refund but this is a not so private party transaction.

Oh, so you bought the gun from a private party, already paid them, and the pawn shop is holding the gun pending your clearance - got it. I misunderstood and thought you were buying direct from the shop. Yes, your options are a bit more limited then. Probably best to try and wait it out until it clears. If not, probably your only other option is to ask them to sell it on consignment for you at which point, you'll lose some $$ for their fee.

Bummer deal.

 

[AMT]

If the sheriff said they didn't receive it, and the pawn shop said they sent it, who do you argue with?

As you've waited plenty long enough, I feel you did the right thing and just had them redo the paperwork.

Tropics Pawn really is a good bunch of folks to deal with. I'd bet that they are not trying to hose you out of your firearm or money.

GL

 

[TOVO]

The gun shop wants the gun off there books so they are not going to hold it just to hold it.

As you bought the gun from a private seller the Sheriff could be looking into the past history of the gun and not you.

You have every right to call the Sheriffs department and inquire about the transfer but, not being an FFL they may not give you any details. But, it's worth a try.

 

[PaulB47]

They told me that it is their policy to not give a gun to anyone until the back ground check has came back with an ok.

There is nothing wrong with this policy, provided they informed you of it prior to your entering into a deal with them. Otherwise it sounds unethical, leading to your current situation and no end in sight. I would press them on this point since they are completely in the clear legally to release the gun. Ask who made the policy and get that person's phone number, and call him. No business can stand looking like it is screwing customers, that is bad for business!

 

[IronMonster]

They are not doing anything wrong and giving you the firearm after the BGC deadline is at their discretion. They are not obligated to give it to you if the check does not come back proceed.

It makes it weird that its a private transaction, but in any case they could give you the rifle after the 10 days but its totally at their discretion and many FFL's will not complete the transaction even after the deadline.

 

[clearconscience]

So did they resend the paper work? If the Sheriff said they didn't receive it I would make him resend the BGC.
Or have him transfer it to another FFL if he isn't willing to follow the law and release it after 10 days.

Of course if the Sheriff said he didn't receive it, then the FFL could be in violation.

Either way I have him resend it and get confirmation of receipt or transfer it to another FFL

 

[bmwguru325]

They did say that they would resend the request and I'm sure they will. I'm just tired of waiting. But when I look at the rcw code I ask myself if it is to protect the ffl or us.
The ffl in that it gives them a clear and persis direction to follow keeping them from legal problems. But then if the sheriff just has to say they didn't receive it who knows.
The other side is it for us, in that there is set in place "do-process". Like if you are thrown into jail they have a certain amount of time to charge you with something or they have to releise you. If not they could keep you jail till the cows come home. In this day and age with the technology we have ten days is a considerable amount of time for them to find just about everything there is to know about a person.

 

[NWCustomFirearms]

This has happened to us a couple of times this year. Earlier in the year the sheriffs office exceeded the 10 days and each time they told us that they never received the paperwork, which of course we sent. We re-faxed and got the results back within 10 days. At this point who are you going to argue with? If the sheriffs tell us they didn't receive it then we really have no choice but to re-send and start over.They told us they were doing between 50-100 checks per day and were having issues receiving all the faxes that were coming in. Unfortunately as an FFL if the sheriffs office tells us they never received the paperwork we are going to err on the side of caution as much as we don't like to. Lately we have been getting our checks back to us in about 48 hours give or take.

 

[clearconscience]

Is this waiting period something new?
I haven't purchased of firearm for a little while ( sadly ) but every time I have purchased a firearm it's a 5 min or less process.
It always took longer to write the paperwork than it did to do the phone call for the BCG.

 

[MountainBear]

I would not release a firearm that was delayed to my own mother without the check clearing first. The liability is too great. I have no doubt my insurance company would drop me at the first whiff of it if something went wrong. There could be something weird with the gun or the buyer. If I release it before the background check clears and something goes wrong, right or wrong, valid or frivolous, I would expect I would be sued. And I cannot afford to defend myself against even a frivolous lawsuit.

So when someone comes in to my shop to run a background check on a gun, they will clear before they remove the gun for my shop, no exceptions. And I let them know that. I exist to serve my customers, but I exist to serve my family first and I am no good to them if I get sued out of everything we own.

Good luck, I hope it clears soon!

 

[Hawaiian]

All of the LGS I deal with will not release the firearm until they get the approval number no matter how long it takes. I don't blame them for covering their backside.

 

[41Slinger]

I'm sure the problem is with the back log of BGC's for all the FELONS that are complying with I 594. You have to take into account how long each BGC takes when you have a whole list of FELONIES to research for each FELON. Then they have to sort out the FELONIES that don't really apply to guns to make sure it's ok to let the FELONS have their new gun. So in the end you'll just have to be patient, because you being a LAW ABIDING CITIZEN who is only trying to comply with the law and was already approved on the rifle you bought, don't really need the gun your waiting on, even though you have already paid for it, cause you already do have your nice rifle you bought and you wouldn't want to delay the nice FELONS that are lined up at the counter waiting for their BGC's now would you ?

Sorry for the Rant. Hope it all works out for you bmwguru325.

 

[bmwguru325]

It did work out! As suggested in other posts, tropic pawn resent the bgc then called the shariff to make sure that they received it and then told them the situation. The sheriff had it done by the end of the day.

Now to get a permit or not to get a permit, but that's for another post.
Thank you for all the responses and thank you tropic pawn.

Joseph