Question about gun transfers.

[kinggabby]

Something I was wondering about and thought I would finally ask. A guy buys a gun for the internet and the paperwork is done but a deny comes back. What happens then?

[pinkhamr]

Then you have a totally confused FFL? ........

[AKguy1985]

If you get flat out denied and have never before. I'd wonder WTF was wrong

[Danny Tanner]

I've never encountered this or even thought about it, so without any experience or knowledge on the subject I'd bet the gun goes back to the seller and the buyer is out X% restocking fee + the FFL's transfer fee, since most of the work has already been done up until that point.

[dustingaunder]

Technically the gun belongs to the transferring FFL. I would work with the denied person for a commission selling the gun or getting it refunded from the original seller. I would absolutely not let the person have anything to do with finding a seller. I could not risk having the person getting the gun through a straw purchase and committing a crime with it. I would also instruct the person to forgo further contact with my business after it is complete. Getting denied normally shouldn't come as a surprise and if you lie on the 4473 it is a serious offense.

[mr ed]

people should not order off the internet if they have never gone thru a background check before.

[reddog1]

If it was one of the big box stores, ie Buds, etc. It would be returned.

[thefenux]

Technically the gun belongs to the transferring FFL.

I'm going to disagree. Being on the transferring FFL's log books has nothing to do with ownership and everything to do with posession. That's why guns being sold on consignment and repair guns still have to be on the books. The FFL never owns them.

The same applies to transfers. And if I'm not mistaken, the wording of the gun laws deny the individual possession, but do not say anything about ownership. So technically the denied indvidual owns the gun until they are given their money back.

As to the original question, it's going to be a mess for everyone involved.

[dvPete]

I don't view this as that complicated. If the buyer is denied, then they should be responsible for shipping costs to get the gun back to the seller since, as mentioned, the buyer probably shouldn't have tried to buy online if they couldn't pass the BG check. Since the seller already holds the money, it's just a matter of refunding the money to the buyer minus the shipping fees both ways. As a transferring FFL, I would just hold the gun until the buyer and seller work it out. As a selling FFL, I would likely either send a call tag to the transferring FFL, or reimburse the FFL for shipping costs, and take it out of the buyer's refund.

Bottom line: as a buyer, if you've never passed a background check and have any felonies in your past it would be wise to have the background check done PRIOR to your online purchase just to make sure. Or just buy your first gun locally.

[dustingaunder]

Many sellers may not want the gun back.

[dvPete]

There's a lot of things we do that we don't want to. I see that as one of the risks of online selling. I don't imagine it happens very often. It would be a hassle, but I'm not going to lose money on it.

[dustingaunder]

As a private seller, it isn't my responsibility to make sure you can pass a NICS check. Lots of luck if you fail because I have my money.

[thefenux]

I think Gun World has a similar policy. Last I heard, they required you to pay before the NICS check and wouldn't refund on denials. It may have changed though since that was about a year ago.

[Nighthawk]

I think Gun World has a similar policy. Last I heard, they required you to pay before the NICS check and wouldn't refund on denials. It may have changed though since that was about a year ago.

Never thought of that, good idea. For the Nics check fee.

[reddog1]

I can see charging to customer a transfer fee for a denied sale, but keeping their money is just wrong.

Thats just wrong.

Sorry you got denied, but we are keeping your 550.00, sorry.

BS!!!!