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NICS Denial, Firearm Storage Timeframe 2
andrewsw16
Member Posts: 10,728 ✭✭✭
There is one other option. (Just in case the problem buyer fails to follow up on any communication.) In the first letter to him, state that you will buy the gun and include an offer. But, also, state that if he does not want to sell, you can't be expected to store other people's property for free. Let him know that your storage costs are $XX per month. After a set number of months you will be selling the gun to satisfy the storage costs. Very similar to "Storage Wars". This should prompt him to communicate with you and clear up the NICS problem. In the event he does neither, you sell the gun and use the proceeds to clear up his storage bill.
Any attorneys out there that see a problem with this? Just about every appliance, computer, and service center I have ever dealt with handles abandoned property this way.
Any attorneys out there that see a problem with this? Just about every appliance, computer, and service center I have ever dealt with handles abandoned property this way.
Comments
the o.p. probably wanted - I felt he wanted to wash his hands of the whole deal. I find that the majority of my first time customers are intimidated or at very least confused by the process of buying a firearm from a dealer, especially handguns. They think that the gun will be "registered" and the government will know what they have. I wonder if the o.p,'s angry customer was overwhelmed by the 4473 and the resulting denial. Add the appeal proccess and the guy lost it, maybe because it was not an expensive gun he just decided to take the loss rather than follow up.
On the other hand, if he was rightly denied by NICS, then what? If the gun was paid for and dealer A is satisfied, then can dealer B take ownership or must it stay in limbo until the "storage fee" has equaled the value of the gun?
That firearm is classed as "property of others in the care and custody of" that dealer. A prohibited person CAN own a gun- meaning they have the right to sell, give, or bequeath it- they may NOT have possession of it. Read 18 USC 922 closely.
Owning and possessing something are two different legal matters. Now, IF the purchaser fails to take any action, and the receiving dealer incurs expenses in storing that gun, he nows has an ownership interest in the gun.
Take your car to a mechanic for repair. While you left it there, the ownership did not transfer to the mechanic- it is in his care and custody. Fail to pick up your car (or your dry cleaning, or your TV from the repair shop), and depending on state law, the mechanic has a LIEN on your car for the amount of expenses. After a period set either in state law or by written notice, the mechanic can sell your car (got $1000 for it) deduct the fees he is owed ($400 repair, $100 storage) and send you the balance.