BATF and Bad Check
If asked, would the BATF go after a Curio/Relic FFL who issued a bad check to purchase a Curio/Relic gun?
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No. 0 -
I believe duckhunter is right. But I would complain to ATF anyway!!! I don't know, but they may keep track of such complaints, in a dealers computer file, which may be a problem for him at re-license time. I am a FFL holder, and have a similar situation, that I am going to take to ATF. I was a successful bidder on GB, I sent Cert. check and FFL to the name posted for the seller. Later, I get a E-mail saying that my check had been damaged in the mail, and his bank would not acccept it, (FFL copy was OK though ???). Please send second check to
(a different name, different town). I asked for all of my stuff to be returned to me for varification of damage. His response "my bank shredded it. Send second check please". My bank said "not likely, Get tellers name and Ph. no. so we can verify". That, he was unable to do. FUNNY!!! So now I wait 90 days for my stop payment to become effective. I will also call the local L.E., and file a complaint with them. In my case using two seperate names, to advertise, and sell a firearm ( a strawman?), may not be a good thing to be doing!! I'd go after him any way I could. Good Luck0 -
quote:Originally posted by p0838
If asked, would the BATF go after a Curio/Relic FFL who issued a bad check to purchase a Curio/Relic gun?
Yes, but there's a catch. You have to bring criminal charges against the guy. Presumably, the check is big enough for it to be a felony rather than a misdemeanor. In that case, it is a fraudulent acquisition, contingent to a crime, and it is grounds for immediate revocation of his C&R.
Once you get a conviction, turn over the information to the local federal attorney.
It worked with me with a regular 4473 purchase a couple of years ago. Although the crook got a suspended sentence with time served for the check (with no restitution for me), the felony conviction disqualified him for possession of firearms and made the acquistion itself a federal offense.
He came down personally with cash to bail-out the check and get me to withdraw the complaint to the feds, which I did.
Too bad! When I went back to the feds, they said it was no longer my choice. By the way, BATFE had no interest at all in the case.0 -
Your local district or state attorney is the way to go ...as the $$ is probably over the amount to be considered a felony.. invest in phone call to one or both to find out what they think !!! 0 -
BATF wouldn't get involved unless some federal firearms law was violated. A bad check is not a federal offense and would be handled on the local level, usually through the Sheriff's office. However, like Joe said, at least you still have the gun unless you were foolish enough to ship it before the check cleared. 0 -
quote:Originally posted by givette
quote:Originally posted by p0838
If asked, would the BATF go after a Curio/Relic FFL who issued a bad check to purchase a Curio/Relic gun?
Are you going to go after the person for writing a bad check? Ask them to send you another. If they refuse, you still have the un-shipped rifle to resell..right?
Best, Joe
I'll take what is "Hell No" for $2,000.00, Alex.
Good question - I sort of assumed the gun was sent, but it's not stated yes or no in the original posting.
If the gun has not been sent, I'd notify the buyer and require a replacement in USPO money order only. When it arrives, cash the thing then send the gun. Given how easy it is nowadays to create a fraudulent check and that the bank may not catch it until some time later, I don't think I'd trust someone with any other instrument after they'd already bounced one.
If the gun has already been sent, I doubt ATF will become involved & the only recourse would be through DA office. Sad to say, it may be a complete loss.0 -
Most people don't understand what a cleared check really means. A cleared check can still bounce. Banks have what is called a float. It may take 10 business days to guarantee a check is good not just the couple that your bank says 0 -
correct,
a cashed check is not a cleared check.0 -
quote:Originally posted by dfletcher
quote:Originally posted by givette
quote:Originally posted by p0838
If asked, would the BATF go after a Curio/Relic FFL who issued a bad check to purchase a Curio/Relic gun?
Are you going to go after the person for writing a bad check? Ask them to send you another. If they refuse, you still have the un-shipped rifle to resell..right?
Best, Joe
I'll take what is "Hell No" for $2,000.00, Alex.
Good question - I sort of assumed the gun was sent, but it's not stated yes or no in the original posting.
If the gun has not been sent, I'd notify the buyer and require a replacement in USPO money order only. When it arrives, cash the thing then send the gun. Given how easy it is nowadays to create a fraudulent check and that the bank may not catch it until some time later, I don't think I'd trust someone with any other instrument after they'd already bounced one.
If the gun has already been sent, I doubt ATF will become involved & the only recourse would be through DA office. Sad to say, it may be a complete loss.
Well, now you have me thinkin'..maybe the OP is the one who wrote the bad check..and is wonderin' if ATF will be on his case. The plot thickens. Joe0 -
You do not want to wish for a day in which the BATFE gets so involved in gun sales that they will go after someone for a bad check.
Trust me on this. You do not want them involved in any gun sales dealings any more than can be helped. To think otherwise is naive. To wish for it is to stand on the side of the anti-constitutional, anti-gun rights crowd.0
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