Concerns with firearm purchase

View · by **fingers** on Mon Oct 17, 2016 9:34 am

I recently purchased a couple of firearms from an out-of-state dealer. I haven't purchased any firearms in a long time and did a quick search for a local FFL to have my firearms shipped to. I went with the cheapest guy, but am worried that may not have been smart.

The FFL I chose has a "don't call us, we'll call you" policy and his website implies fees or additional charges will be imposed if this is violated. I don't have a problem with this and would like to respect his system. However, he appears to also have a policy that if I do not claim my firearm within 30 days, he gets to keep it. Furthermore, his website does not describe what happens when a buyer gets a "delay", which would be helpful to know on the front end.
When I went to pick up my firearms, I got a delay on the background check. In the past, I have always gotten a "delay" and it has never been a problem, as I've just waited three days and picked up my firearm each time. However, the FFL informed me that he would not release my firearm after 3 days to me. I've learned that the FFL is within his right in making that choice. The FFL took my number and told me he'd be in touch after the background check was complete. That was 2 weeks ago. I haven't heard anything at all from him since.

From what I've read, its impossible for a non-FFL such as myself to contact the FBI to check the status of a background check. I would like to avoid calling the guy out of fear of getting charged an extra fee for bothering him. I've read that deny appeals take a year which gives me no confidence that my background check will be completed in a timely manner. As mentioned, in 30 days his policy states that my firearms become his. Overall, I have regrets and would prefer to work with a FFL who will go to bat for me and complete the transfer after 3 days if the government is dragging its feet with the background check or at least stay in contact with me and not discourage me from contacting them.

I'm wondering if fellow gun owners believe I am being unreasonable in questioning these policies and overly impatient in my frustration over this two-week delay? If my gripes are legitimate, what should my next action be? I was thinking about sending him an email saying that if he is not prepared to transfer my firearms to me now that I request he ship (at my expense) my firearms to an alternative FFL with more favorable customer-service policies.

What do you think? Thanks in advance.

View · by **gun_fan111v2** on Mon Oct 17, 2016 9:42 am

Oh boy - this is no fun...

A buddy of mine just went through this same thing and ended up waiting a month until the FFL felt comfortable releasing the firearm

Normally the policies talk about unclaimed firearms and in your case you staked your claim

View · by **Ghost** on Mon Oct 17, 2016 9:43 am

IMO, you have claimed your firearms so I don't think he can take them from you. The policy sounds similar to BPR and I've never had any problems with them. I've also not been delayed.

View · by **minnesotatv** on Mon Oct 17, 2016 9:53 am

you might want to have a talk with the local ATF office.
See what they have to say.
And after that, have a talk with the dealer, and mention
your conversation with ATF.

View · by **xd ED** on Mon Oct 17, 2016 10:06 am

I may have missed it in the many transfers I've done through Roger/ BPR, but I never heard of the 'don't call us-we'll call you' policy.

To the OP:
I don't think the 'unclaimed' rule is unusual, or unreasonable.
And while I don't believe it applies in your case, I would, If it isn't soon resolved, send him a registered letter stating your concerns, and intentions to claim the firearm at the soonest possible opportunity. (and then do so).
I would also communicate in email (in spite of the threat/ risk), so that there is a paper trail of your efforts to claim the gun, and demonstrate this guy might be dragging his feet, in the event he attempts to keep the firearm.
Having him ship/ transfer to another FFL, and then transfer to you will cost a few bucks,($50-100) if it comes to that.

Further, if the guy is jerking you around, and you are honestly stating the situation, don't hesitate to post who you are dealing with.

View · by **BigBlue** on Mon Oct 17, 2016 10:08 am

What kind of a jackwad has such non-existent customer service that they cannot be bothered to talk to their customers? Please list this FFL so we can all avoid them in the future.

Few things piss me off as much as a small business owner that has zero customer service skills. They should not be running a business.

View · by **gun_fan111v2** on Mon Oct 17, 2016 10:19 am

Does anybody know if holding over 3 days is to comply with state laws or a choice each FFL can make?

View · by **Ron Burgundy** on Mon Oct 17, 2016 10:26 am

Name the FFL

View · by **Erud** on Mon Oct 17, 2016 10:32 am

I'd ignore his dopey policy and call to see what the deal is. If I was not happy with his response, my next call would be to ATF to ask for their assistance. In my limited dealings with them, I've actually found them to be very helpful. Good luck.

View · by **aprilian** on Mon Oct 17, 2016 10:46 am

xd ED wrote:I may have missed it in the many transfers I've done through Roger/ BPR, but I never heard of the 'don't call us-we'll call you' policy.

on their web page it includes

•Please have your name and phone number placed on incoming packages, get a tracking number from the shipper. Once the firearm arrives and is inventoried you will be given a phone call (if your information was provided with your package). We ask that if you are tracking your firearm and do not hear from us, please wait until after 4pm to call and check on its status.

•Please Do Not contact us prior to the firearm arriving, we do not have the ability to collect personal information on transfered firearms prior to their arrival..

I have used Roger 3 times in the last year and it has been VERY easy.

View · by **Ghost** on Mon Oct 17, 2016 11:00 am

I shouldn't have compared it to BPR, it may not be them. Settle down.

My comparison was due to you just go ahead and ship there, no prior contact. They call you and you go in.

View · by **Squib Joe** on Mon Oct 17, 2016 12:28 pm

I've done hundreds and hundreds of dealer transfers, and two problems we occasionally face are customers showing up minutes after a package is signed for and (rarely) somebody failing to show up to have their firearm transferred at all.

So I can get where this dealer is coming from, but at the same time I think the wording and legality of his website notices weren't given much thought. There is a difference between a firearm purchase and a firearm transfer. When you paid for the gun, you made a purchase. The FFL is only facilitating the transfer. There are laws regarding abandoned property, and I can assure you that "after 30 days I get to keep it" isn't one of them. You may want to look at MN 345.75

View · by **yukonjasper** on Mon Oct 17, 2016 1:33 pm

Seems like saving $5 on the transfer fee sure led to a hassle.

View · by **Sigfan220** on Mon Oct 17, 2016 1:44 pm

The dealer does not have to release them to you. When I got my FFL they cautioned me on this. It is up to the dealer to decide. This goes for any firearm transfer or sale. If the dealer feels something is off they can decide not to transfer. If he has a policy against it then you may need to find a new dealer or take it up with the ATF.

View · by **xd ED** on Mon Oct 17, 2016 1:48 pm

Sigfan220 wrote:The dealer does not have to release them to you. When I got my FFL they cautioned me on this. It is up to the dealer to decide. This goes for any firearm transfer or sale. If the dealer feels something is off they can decide not to transfer. If he has a policy against it then you may need to find a new dealer or take it up with the ATF.

So if a dealer chooses not to release, what, if anything is prescribed for the disposition of the firearm, in the case of a tabletop FFL, as this case appears to be.