In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

NICS Denial, Firearm Storage Timeframe

rabump199rabump199 Member Posts: 238 ✭✭✭
edited April 2012 in Ask the Experts
So I am looking for some advice/information. I had a customer recently get denied by NICS for a firearm. I advised them, also attempted to give them information on appealing it. Needless to say the conversation went bad, the customer hung up on me, I sent an email with the information on appealing the decision, also I advised them that I would store their firearm until the appeal had a final outcome, I offered to ship the firearm back to where they purchased it at their cost. I have had no communication with the customer, I made a brief contact with the persons SO who used profane language and told me what to do with the gun and insert it. So what do you guys do for denials, how long should I hold the gun, does it belong to me after after a certain amount of time because of no response from the buyer. I could use some help.

Comments

  • k.stanonikk.stanonik Member Posts: 2,170 ✭✭✭✭✭
    edited November -1
    The gun is not yours, if i was you at this point ,ship it back to the seller, and run from the deal.
    Your kindness could come back and bite you, if the buyer did not want to take your help then i get the feeling the longer you stay involved hey may become a problem for you.
  • nmyersnmyers Member Posts: 16,793 ✭✭✭✭
    edited November -1
    These are the times that dealers really earn their money!

    Your offers were quite generous, & the customer was out of line in his response. I was involved in a similar case (the cooperative customer agreed to sell the gun to the FFL for a price agreeable to both).

    In your position, I would send the customer a certified letter (with a denial brochure), & give him 2 weeks to contact you in order to determine what you should do with his gun, or advise that you will need to notify your local ATF office. (If he fails to contact you, follow through with the ATF, documenting everything.) No, the gun does not become yours unless the ATF tells you, in writing, that it is yours.

    You should not return the gun to the shipper on your own; it's possible that it was sold AS IS, & you don't want to get caught in the middle. Besides, the gun may be evidence if it turns out that the ATF wants to prosecute the customer, so any disposition decision should come from them.

    Neal
  • M1A762M1A762 Member Posts: 3,426
    edited November -1
    I would contact the ATF to clarify how to handle this firearm. Your customer's reaction merits no further courtesy from you. Until he appeals and gets a proceed, his future firearms purchases through FFL dealers are over.

    Please keep us posted on how the ATF advises and what actions are taken, I would like to know how to handle this situation if or when it happens to me![:)]
  • rabump199rabump199 Member Posts: 238 ✭✭✭
    edited November -1
    So I called my ATF representative, they said no more communication with the person, send the appeal paperwork via certified mail. It is up to the person to deal with the denial. As far as the gun goes, the ATF said they have no stake in it, it is a civil matter as far as property goes, three options return it to the seller at my cost, offer to buy the firearm from the denied person or hire an attorney and figure out how to deal with the firearm in civil court as far as it the firearm being left merchandise. So I am eating the cost of the shipping and sending it back to the FFL who sold it to this guy.
  • Alan RushingAlan Rushing Member Posts: 9,002 ✭✭
    edited November -1
    quote:Originally posted by us55840
    quote:Originally posted by nmyers
    These are the times that dealers really earn their money!

    Your offers were quite generous, & the customer was out of line in his response. I was involved in a similar case (the cooperative customer agreed to sell the gun to the FFL for a price agreeable to both).

    In your position, I would send the customer a certified letter (with a denial brochure), & give him 2 weeks to contact you in order to determine what you should do with his gun, or advise that you will need to notify your local ATF office. (If he fails to contact you, follow through with the ATF, documenting everything.) No, the gun does not become yours unless the ATF tells you, in writing, that it is yours.

    You should not return the gun to the shipper on your own; it's possible that it was sold AS IS, & you don't want to get caught in the middle. Besides, the gun may be evidence if it turns out that the ATF wants to prosecute the customer, so any disposition decision should come from them.

    Neal

    +1

    This does seem to be the best option. All in the clear, all above board and all very open and all well documented. [^]
  • Alan RushingAlan Rushing Member Posts: 9,002 ✭✭
    edited November -1
    WOW! Oh, well!!! [:(]
  • fordsixfordsix Member Posts: 8,722
    edited November -1
    what is it? and is it worth a offer to buy it for a price to let him out of the deal
  • rabump199rabump199 Member Posts: 238 ✭✭✭
    edited November -1
    It's an interstate arms "Hawk" model 12 gauge shotgun. I saw one online for 175-200.00 I believe.
  • M1A762M1A762 Member Posts: 3,426
    edited November -1
    Looks like the best option is to send it back to the FFL it came from. It will be a high profit gun for them, maybe they will split the return shipping with you, kind of a proffesional courtesy. Worth a shot.
Sign In or Register to comment.