I need advice in firearms transfer laws

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Thread: I need advice in firearms transfer laws

  1. #1
    Senior Member Array flagflyfish's Avatar
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    I need advice in firearms transfer laws

    On Jan 18 I had a Smith and Wesson handgun that I posted for sale on a Smith and Wesson forum, I was contacted by an LEO in Stockton, Ca. regarding a trade for a Rem 700VLS with a leopold scope. Pictures were exchanged and a deal was struck,mine for his.
    I mailed the pistol on Friday 1/25/08 and it was signed for by his FFL on Tuesday 1/29/08. I have still to recieve my rifle at my FFL.
    I have emailed and talked to the guy and have recieved a plethora of excuses. It was supposed to be here today, but no show. I'm a pretty understanding guy, I know that life sometimes gets in the way, but now I'm TIRED. I sent an e-mail to him yesterday, and tried to call him today and no response.
    What can I do? As I understand it, once a gun is logged in at a gunstore, It's thiers. Do I call the BATF and get them involved?
    I really need some input on this guys. Thanks, Rex
    Last edited by flagflyfish; February 11th, 2008 at 10:22 PM. Reason: protecting the innocent
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

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    Just maybe a little more patience; two weeks isn't quite long enough to get bent, though I certainly do understand both the frustration and concern that you may have been ripped.

    So, a full month goes by and you don't get your rifle. You are then feeling sure you have been ripped. I think you then have some options to bring the law into the picture as it will look like you were deliberately defrauded.

    THe FFL knows who he gave your gun to, so there should be no prob. identifying the guy. And, for this reason, I doubt if anything intentional has happened. Some folks just aren't real efficient about getting stuff done.

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    If you know which department he works for, after you are sure something is fishy, often a call to the dept administration will help you out. Many departments are very strong on integrity and will get things cleaned up for you.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by CopperKnight View Post
    If you know which department he works for, after you are sure something is fishy, often a call to the dept administration will help you out. Many departments are very strong on integrity and will get things cleaned up for you.
    +1

    I'd give him a call or an Email with a "timeframe" and let him know that you plan to do this though. I'd say give it one more week after calling him. That's just my $0.02 on the matter. Good Luck.

    Biker

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    Ex Member Array Ram Rod's Avatar
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    Just maybe a little more patience; two weeks isn't quite long enough to get bent, though I certainly do understand both the frustration and concern that you may have been ripped.
    Actually--two weeks would be enough for me to have gone mildly ballistic!
    I doubt if anything intentional has happened. Some folks just aren't real efficient about getting stuff done.
    If they're going to deal with me, they'll be more efficient--or IT won't get "done"!
    You have the serial number right? I don't know the particular laws, but I would think you should be able to file it with your state as 'stolen' if you are not compensated for it. As one other suggested--possibly contact his department wherever that may be. Print all of your transactions for documentation purposes for sure. I'd give it another week, then post the fellow's e-mail here and we could all send him a suggestion about complying with a deal involving one of our 'associates'.

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    Member Array snakatack's Avatar
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    Bear in mind you're dealing with California.

    There is a ten day waiting period from the time the buyer DROS's the firearm with the receiving FFL. before he can take posession.

    According to my math, the new owner has only had his grubby mitts your pistol a couple of days at best.

    Contact the California FFL. first and inquire if the pistol transfer has been completed. And also ask if he (FFL) has received the rifle for shipping and if so... What is it's status.

    I'd make a few phone calls and get my facts straight before contacting the LEO's employer.

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    VIP Member Array Supertac45's Avatar
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    How do you know that he's a LEO?
    Les Baer 45
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    VIP Member Array BigEFan's Avatar
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    Quote Originally Posted by snakatack View Post
    Bear in mind you're dealing with California.

    There is a ten day waiting period from the time the buyer DROS's the firearm with the receiving FFL. before he can take posession.

    According to my math, the new owner has only had his grubby mitts your pistol a couple of days at best.
    Except there is an exemption to the 10 days for LEO's. Although it requires a letter from the LEA, those letters I have found, are easy to get in most departments.
    Lex et Libertas Semper Vigilo, Fortis, Paratus, et Fidelis!

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    Senior Member Array flagflyfish's Avatar
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    I called the gunstore in california today, he has not filled out the paperwork on the pistol yet. I don't know what department he works for but in Stockton there can only be a few, I know he is a LEO as he told me so and so did his buddy at the gunstore, It's a compensated .44 mag handgun, and I guess that citizens cannot own them in California. I have decided that if I haven't heard from him by next teusday I will have the gun shipped back to me, I don't really want to do that as I will end up paying for shipping both ways, and a transfer fee and 300 mile round trip to get it.
    I was raised to be a trusting person, especially of LEO, I guess I gotta stop that promptly.
    I don't know what I could have done differently except to not do this again.
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

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    Senior Member Array flagflyfish's Avatar
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    Thanks for the advice guys, the rifle was finally mailed today and will show up in Phoenix tomorrow. I got a tracking number and an amends this afternoon from the sending party, I will post pics as soon as it is in my hands.
    Thanks again, Rex
    "These are the times that try men's souls. The summer soldier
    and the sunshine patriot will, in this crisis, shrink from the
    service of his country; but he that stands it now, deserves the
    love and thanks of man and woman."

    -- Thomas Paine (The American Crisis, No. 1, 19 December 1776)

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    VIP Member Array aus71383's Avatar
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    I was going to suggest driving over to visit him and talk it over. Glad it worked out for you!

    Austin

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    Very good. Glad it's coming out so well. Sounds like a busy guy or just one that's a procrastinator.
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by Hopyard View Post
    Just maybe a little more patience; two weeks isn't quite long enough to get bent, though I certainly do understand both the frustration and concern that you may have been ripped.

    So, a full month goes by and you don't get your rifle.


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