Hunting Washington Forum
Equipment & Gear => Guns and Ammo => Topic started by: buckhorn2 on February 09, 2016, 01:41:26 PM
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Grandsons birthday comes up and he want a 22 so his girlfriend wanted to get him one. They go to a local gunshop and see the gun the want on the rack. They fill out the paper work and the person says it will take a few days to get the background check okayed. They pay for the gun and head home. A few days later they go back same gun is on the rack but the background check comes back and he doesn't pass. What do we do now they ask the person says the gun was 419.00 but I can only give you 319.00 back for restocking charge. Not sure but is this legal it sure seems like a lot of money to hold out to me.
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Did they give him a reason for why he didn't pass?
I know that there has been discussion that you can't currently appeal the background check, because they aren't being processed.
Not sure about the $100 restocking fee, but that seems costly for a gun that never left the building.
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Did they give him a reason for why he didn't pass?
I know that there has been discussion that you can't currently appeal the background check, because they aren't being processed.
Not sure about the $100 restocking fee, but that seems costly for a gun that never left the building.
The store will not have a reason he didn't pass, they are only told pass, decline, delay. I have heard the same thing about appelas not being looked at which is total garbage given there are plenty of criminals out there that have the same name as law abiding citizens, and mistakes do happen. Now a mistake happens and the legal to own citizen is completely SOL.
:bash:
Normally there is a fee up front disclosed that will be charged for FFL fee upon a decline, many shops it is $50. $100 seems a bit high, but shops get tired of locking up guns only to have backgrounds fail then have to put guns back on shelf and missed sales in meantime. Plus they paperwork. Crappy situation all the way around.
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If it wasn't a custom order, which it was not since it was on the rack. 100.00 is a huge restocking fee! I charge 25.00 if someone does not pass and cant get the gun, for my time.
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It just sounded like 10000 was a lot for a gun that never moved. Do the gun shops have to pay any money to send in background checks maybe that was the cost.
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No there is no background check fee here in Washington. We as dealers are not charged to call them in. Some will charge a background check fee but all they are doing is sticking that money in there pocket.
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Hopefully he is one of those that supports background checks. Seems to be the only way to wake some people up is for it to affect them personally.
Personally, I wish we had a mandatory fee of $250 per purchase, that way at least everyone will feel the pain of their terrible decisions equally. Might as well get it out of the way. Again, it seems the only way to get people to wake up is when it affects them personally. You sure as heck aren't going to get the people making money off of laws to stand up for freedom. :twocents:
I saw where two cops couldn't carry because of some laws in their state. I highly doubt they stood up for anything until it affected them personally.
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Hopefully he is one of those that supports background checks. Seems to be the only way to wake some people up is for it to affect them personally.
Personally, I wish we had a mandatory fee of $250 per purchase, that way at least everyone will feel the pain of their terrible decisions equally. Might as well get it out of the way. Again, it seems the only way to get people to wake up is when it affects them personally. You sure as heck aren't going to get the people making money off of laws to stand up for freedom. :twocents:
I saw where two cops couldn't carry because of some laws in their state. I highly doubt they stood up for anything until it affected them personally.
This makes no sense, I didn't vote for I-594 and I seriously doubt many gun owners, buyers, or sellers did.
How are the "bad decision makers" supposed to feel the consequence if they aren't buying or selling?
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Hopefully he is one of those that supports background checks. Seems to be the only way to wake some people up is for it to affect them personally.
Personally, I wish we had a mandatory fee of $250 per purchase, that way at least everyone will feel the pain of their terrible decisions equally. Might as well get it out of the way. Again, it seems the only way to get people to wake up is when it affects them personally. You sure as heck aren't going to get the people making money off of laws to stand up for freedom. :twocents:
I saw where two cops couldn't carry because of some laws in their state. I highly doubt they stood up for anything until it affected them personally.
This makes no sense, I didn't vote for I-594 and I seriously doubt many gun owners, buyers, or sellers did.
How are the "bad decision makers" supposed to feel the consequence if they aren't buying or selling?
You must have missed the polls I did last week. Unfortunately, there are a lot of hunters that do support background checks.
That was the point of the polls... to wake us up from kidding ourselves. There are a lot of people on "our side" that fall for this stuff. Whether they are just not very sharp people or they are just naive, they are there and a lot more than you'd think.
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Whats the name of the shop?
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yes, what is the shop name and city. my daughter just bought a pistol in wa without a carry permit which is wrong. she did pass the check. mike w
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you don't need a ccp to buy a pistol. All a ccp does up front is allow you to take the gun out on the first trip without waiting 5 days. A ccp also allows one to carry concealed which is a different issue.
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What's wrong with buying a handgun and not having a CPL? I've bought a couple in my life and never had a CPL.
Buckhorn2- your grandson got ripped off. If they're going to charge $100 they should let you know up front.
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In my travels and firearms buying I have seen the good and the bad of the FFL dealers. The good ones let you know that if you fail the federal or state background checks, a restocking fee will be imposed and what that fee will be. As well they inform the potential buyer that failure of the background check will or may result in a FFL fee of a certain amount. The bad dealers do not inform the buyer of potential fees, require payment up front and charge a restocking fee when the firearm is not transferred to the buyer or even when it does not leave the control of the dealer.
The federal and state governments should have established a known fee, when and where fees and type will be exercised and the amount charged shall be no more than a fixed fee. In Washington State under I-594 transfer requirements, some dealers are charging minimal fees ($20-30), while other charge a percentage of the firearms evaluation or cost or over $50. Under I-594 an fixed fee ($20-30) should have been imposed and all dealers required to perform the transfer. A failure to pass the background check should have been addressed as well with a prohibition of a re-stocking fee. Paying the dealer FFL use fee is enough.
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I think I would be taking them to small claims court unless there was a signed written agreement somewhere. I hope they name the store so people know where not to shop.
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Some gun shops have it posted what the charge will be for a DENIAL, it you get a DELAY there is "No Charge", the NICS has three business day to respond with the delay, after the three business days the gun shop can release the gun. If it is a handgun and you don't have the pistol permit they hold the gun for five days before they can release it.
A $100 seams high on a "DENIAL", what gun shop did this take place?
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Was there no reason that he failed? Perhaps he isn't legally allowed to own guns?
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You need to get the NTN from them with the denial packet that has the NICS appeal number. From what I understand they aren't processing appeals, but they should be able to give you the denial reason. Below is a link for the denial packet they should have provided with the NTN.
https://www.fbi.gov/about-us/cjis/nics/appeals/nics-guide-for-appealing
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" a few days to get the background check okayed" - that's a red flag right there, it shouldn't take more than a few minutes
Post the name of this place so we all know to avoid it.
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I'm confused. I have never walked into any gun shop, picked out a gun to purchase off of the rack, handed them my money, and then waiting for the background check to pass. I've never been asked for money up front.... :dunno:
Is this standard practice??? For an "off-the-shelf" 22??? Seems out of line from the get go. I'd tell them no way to the restocking fee and if they don't credit him the full amount, I'd fight it.
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I've bought several guns from local shops - every time it was a "pay up front" deal with a restock fee of some sort of I didn't pass. All known before the transaction took place. I was cool with that.
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not sure what you can do with this issue, 2 lessons come to mind
1) backgnd check approval before purchase.. no paying big $$ up front
2) steer clear from this unethical business, social media is great for bruising these kinds of places...
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I sure hope the name of the shop gets posted so we all know to avoid that place.
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
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I bought a gun a few weeks ago and the background check took 5 minutes. I was in the store for a total of maybe 10.
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I've bought several guns from local shops - every time it was a "pay up front" deal with a restock fee of some sort of I didn't pass. All known before the transaction took place. I was cool with that.
Ive never had to do that. Hell even cabelas you dont pay pre background check.
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tell the store to drop the charge and you wont post their name on hw. it is probably on the west side, cuz you guys always steal all the glory. lol mike w
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I've bought several guns from local shops - every time it was a "pay up front" deal with a restock fee of some sort of I didn't pass. All known before the transaction took place. I was cool with that.
Ive never had to do that. Hell even cabelas you dont pay pre background check.
:dunno: Maybe I just look suspicious? There's only two shops I buy from, the rest are private purchases. That's just how they do it, I never gave it a second thought. But, as I said - the restock policy is clearly outlined before any cash changes hands. Sounds like the shop in the OP's experience was not as forthcoming.
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If they did as you say they broke the law. :yeah: Basically your saying they sold a firearm in WASHINGTON without a background check done.Never in all the firearms i have purchased was i ever charged before check was done.Especially in WASHINGTON now that we have I 594.
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If they did as you say they broke the law. :yeah: Basically your saying they sold a firearm in WASHINGTON without a background check done.Never in all the firearms i have purchased was i ever charged before check was done.Especially in WASHINGTON now that we have I 594.
That is not correct. If the person took possession of the gun without a background check then yes. In this case it's perfectly legal for them to collect up front even though it should have been disclosed and is in very poor taste and a rip off at 100.00.
Take me for example. If I have a gun in stock and someone wants to buy it. They don't pay anything up front but it's known that if they fail there will be a 25.00 fee, which is what I charge for all transfers. Pass or fail.
If someone wants a custom order item or part. A business is perfectly legit to require a down payment or payment in full. A small guy like me cant be ordering 500-2000 rifles to not have people show up and pick them up. I am a trusting guy and with most members on here I will just order a gun. However I did get burned by one member backing out of buying a item from me after I ordered it for him.
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
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I think you should be able to clear this up by getting a unique identifying number. I am not sure how to get one, but they have always had a spot for them on the paperwork. I think you register for it through NICS.
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If they did as you say they broke the law. :yeah: Basically your saying they sold a firearm in WASHINGTON without a background check done.Never in all the firearms i have purchased was i ever charged before check was done.Especially in WASHINGTON now that we have I 594.
That is not correct. If the person took possession of the gun without a background check then yes. In this case it's perfectly legal for them to collect up front even though it should have been disclosed and is in very poor taste and a rip off at 100.00.
Take me for example. If I have a gun in stock and someone wants to buy it. They don't pay anything up front but it's known that if they fail there will be a 25.00 fee, which is what I charge for all transfers. Pass or fail.
If someone wants a custom order item or part. A business is perfectly legit to require a down payment or payment in full. A small guy like me cant be ordering 500-2000 rifles to not have people show up and pick them up. I am a trusting guy and with most members on here I will just order a gun. However I did get burned by one member backing out of buying a item from me after I ordered it for him.
This statement right here :yeah: Is so far away from the topic that i'm just going to get out now. CUSTOM ORDER ITEMS WOULD BE SO MUCH DIFFERENT THAN WHAT THE OP IS TALKING ABOUT.
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Not really. I do it with custom order items. No one else can decide what a business does but the owners. If they want to do it to stock items then that is there choice. That's my point.
Your statement about legality is far more off topic. No laws were broken to require payment up front as you suggested.
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I think if you accept FULL payment for an Item then you have sold that item.When you do your B/G check you put serial and all from that firearm on the B/G check,That firearm can now not be sold to anyone else until the check is complete or canceled.In my op. and only my op. you have sold that firearm.That is why if you read thru the rest of the member posts you will see that none of them have paid prior to the B/G so far.Do you get B/G done before you take money for a FIREARM?
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
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I think you should be able to clear this up by getting a unique identifying number. I am not sure how to get one, but they have always had a spot for them on the paperwork. I think you register for it through NICS.
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Thanks i will look into it
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Any time. I just bought a new one before Christmas, so I have the paperwork fresh in my head.
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I think if you accept FULL payment for an Item then you have sold that item.When you do your B/G check you put serial and all from that firearm on the B/G check,That firearm can now not be sold to anyone else until the check is complete or canceled.In my op. and only my op. you have sold that firearm.That is why if you read thru the rest of the member posts you will see that none of them have paid prior to the B/G so far.Do you get B/G done before you take money for a FIREARM?
You are still missing the point. Your definition of sold is incorrect. The gun is on HOLD until the results are known. THE GUN IS NOT SOLD UNTIL THE BG CHECK CLEARS AND THE PERSON TAKES POSSESION.
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Ok,Without the name of this business this whole thread is nothing but drama.I see you steered clear of answering the question to.
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Ok,Without the name of this business this whole thread is nothing but drama.I see you steered clear of answering the question to.
You can go back and re-read one of my posts if you want the answer again.
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Ok,Without the name of this business this whole thread is nothing but drama.I see you steered clear of answering the question to.
You can go back and re-read one of my posts if you want the answer again.
So you take full payment for Custom order firearms before the background check is complete?
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If they did as you say they broke the law. :yeah: Basically your saying they sold a firearm in WASHINGTON without a background check done.Never in all the firearms i have purchased was i ever charged before check was done.Especially in WASHINGTON now that we have I 594.
That is not correct. If the person took possession of the gun without a background check then yes. In this case it's perfectly legal for them to collect up front even though it should have been disclosed and is in very poor taste and a rip off at 100.00.
Take me for example. If I have a gun in stock and someone wants to buy it. They don't pay anything up front but it's known that if they fail there will be a 25.00 fee, which is what I charge for all transfers. Pass or fail.
If someone wants a custom order item or part. A business is perfectly legit to require a down payment or payment in full. A small guy like me cant be ordering 500-2000 rifles to not have people show up and pick them up. I am a trusting guy and with most members on here I will just order a gun. However I did get burned by one member backing out of buying a item from me after I ordered it for him.
Here you go :tup:
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Yes i said ok to all that,This was a off the shelf firearm,The store took full payment for the firearm before it was done and you already said you don't do that,I am simply saying that no one that i know does this.I think either this thread is phooey (without name of store)or this store is not quite legit. I think members on here would like to steer clear of it as stated by others.
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I do not disagree with that at all :tup: I just wanted to let you know that in this case from what has been said. No laws were broken and the gun was not sold.
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I do not disagree with that at all :tup: I just wanted to let you know that in this case from what has been said. No laws were broken and the gun was not sold.
Yes i see what your saying.almost sounds like the bg was never done and $100 was pocketed.
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To the OP. Was the phone call made while they were standing there?
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I am going to call the store and get there side then I can maybe clear this up a little better they paid with a credit card . I don't know if there is any other side but Still not right in my opinion the gun never moved from the rack. If you figure it out the gun shop made just as much not having to sell the gun as they would have if they had sold it. The buyer fills out the required paper work and the store sends it in then when it comes back you pay one hundred dollars for the paper work if your denied. I will call them tomorrow.
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
Your delay is most probably related to another person who has a nearly exact name, who has a felony or domestic violence record.
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
Your delay is most probably related to another person who has a nearly exact name, who has a felony or domestic violence record.
That is what the gun stores have told me the case probably is. It has never been that big of deal to me. But it is kinda of embarrassing when it happens but now I warn them before hand. Now it sucks with 594 cause i can't really meet someone from out of town to buy a used gun unless I wanna drive back to the location once I get delayed.
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Every new gun purchase i have ever made i get delayed. I dont know how come or the reason. The only thing i have ever done was got a speeding ticket. But in usually 2days i get the ok. I dont know how to resolve this issue
Your delay is most probably related to another person who has a nearly exact name, who has a felony or domestic violence record.
That is what the gun stores have told me the case probably is. It has never been that big of deal to me. But it is kinda of embarrassing when it happens but now I warn them before hand. Now it sucks with 594 cause i can't really meet someone from out of town to buy a used gun unless I wanna drive back to the location once I get delayed.
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Who's credit card?The check is done right then and there over the phone.No paper work gets sent any where for the buyer to be ok to buy the firearm.On the phone Ok,Delayed,Or denied nothing else.
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Emac, for guys like you,the FBI has a Voluntary Appeal File (VAF)
This process has you submitting an application after you have had a denial.
They research your situation, and conflicting record with a felon.
They issue you a special number called a UPIN, Unique Personal Identification Number
You use your UPIN when you attempt to purchase.
NICS staff use the UPIN to clarify their decision making process and quickly let you receive a "pass" on your next gun purchase. This was set up exactly for guys like you.
www.fbi.gov/nics-appeals
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Emac, for guys like you,the FBI has a Voluntary Appeal File (VAF)
This process has you submitting an application after you have had a denial.
They research your situation, and conflicting record with a felon.
They issue you a special number called a UPIN, Unique Personal Identification Number
You use your UPIN when you attempt to purchase.
NICS staff use the UPIN to clarify their decision making process and quickly let you receive a "pass" on your next gun purchase. This was set up exactly for guys like you.
www.fbi.gov/nics-appeals
Thanks iceman. You state for someone that gets a denial. Is it the same as someone that gets delayed? I am sure it is but just thought I would clarify it.
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Emac, for guys like you,the FBI has a Voluntary Appeal File (VAF)
This process has you submitting an application after you have had a denial.
They research your situation, and conflicting record with a felon.
They issue you a special number called a UPIN, Unique Personal Identification Number
You use your UPIN when you attempt to purchase.
NICS staff use the UPIN to clarify their decision making process and quickly let you receive a "pass" on your next gun purchase. This was set up exactly for guys like you.
www.fbi.gov/nics-appeals
Never mind I just looked at the link and it answered my question thanks again I will work on that
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Bad language on my part. The VAF help you get approved, when you were previously delayed or denied while NICS staff investigated the criminal record causing you hardship. Gun counter personnel will not put shame on you when you use your UPIN. It is basically a "good guy" file.
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Bad language on my part. The VAF help you get approved, when you were previously delayed or denied while NICS staff investigated the criminal record causing you hardship. Gun counter personnel will not put shame on you when you use your UPIN. It is basically a "good guy" file.
Ok thanks again
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No problem my friend.