NICS Denial, Firearm Storage Timeframe 2
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.
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I AGREE, THE GUN WAS TRANSFERED FROM DEALER 'A' TO DEALER 'B', IN EFFECT THIS WAS A SALE AS DEALER 'A' WAS (PRESUMABLY) PAID UP FRONT. DEALER 'A' HAS NO MORE INTEREST IN THE GUN. DEALER 'B' IS STUCK WITH A NONTRANSFERABLE (TO THE BUYER)GUN, HE HAS EVERY RIGHT TO CHARGE FOR HIS SERVICES (STORAGE, TRANSFER, BOOK KEEPING, ECT). 0 -
That sounds like a possible solution, although a bit longer term than
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?0 -
A lot of that is up to the dealer and what he wants to charge for the use of his safe. A $20 /month storage fee would equal the value of a $240 gun in one year. That SHOULD motivate the buyer to get off his duff and resolve the NICS problem. If he does, then the FFL could be a good guy and make a gift of the storage fees when the buyer finally shows up to take possession. That would help salve any hurt feelings and maybe get some repeat business. On the other hand, if the buyer ignores the notice, then it is entirely fair for the FFL to sell the gun for the cost of the storage. As I mentioned above, it is a common practice for businesses to sell abandoned property to pay the customer's bill. 0 -
The folks that have those storage stations frequently will take ownership of items when rental fees are unpaid over time. 0 -
IANAL, but will disagree in a small way with one thing said above- the OWNERSHIP of the firearm did not transfer to the receiving dealer. The CUSTODY did.
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.0
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