Gun store trying to keep firearm prior to trade

[churchmouse]

Jump to conclusions much? You take your gun in and ask how much you would get for it in trade for what you want. Before you agree to the deal, ask for your gun back. It is still your gun. Tell them the amount is acceptable and fill out the 4473 before any money changes hands. If you don't clear, walk out of the store with your gun. They never took possession of it. You only had it appraised.

And this.

 

[churchmouse]

I seldom if ever trade at the LGS.
3 stores I will do this at once in a great while.
Sell the gun outright and put the cash on the one you want.

 

[NHT3]

Originally Posted by Vigilant
I've NEVER seen a gun entered into the bound book immediately? Even working at a shop, they got entered at the close of business. New ones in from the dist. were entered before they hit the shelf, but not when UPS dropped them.

This.

The only time I've seen a gun entered immediately was when I was helping Bob at PSS during the 1500 and AFTER the trade was finished and the guy was gone with his purchase.. Not unusual to take a trade and have it gone within the hour at the 1500 but I've never heard of a shop entering a gun in the books before the NCIS transaction cleared. IMHO you were bamboozled big time.
[FONT=&amp]NRA Life Member [/FONT]NRA Basic pistol instructor[FONT=&amp] /[/FONT][FONT=&amp] RSO[/FONT]
Glock certified armorer- M&P Certified armorer
[FONT=&amp]“[/FONT]Safety is not something that you hold in your hands, it happens between your ears” Col. Jeff Cooper

 

[Leo]

With what was posted how did you come to the conclusion that the Glock had been logged in his bound book ???

The last place I worked had it enter into the computer, not in a bound book.

The original poster passed on a story from a friend, there are a lot of details that the poster, as well any of us do not know.

The question was about why this could happen. I responded with the only possible reason I could think would apply. If that was the case, that is why. When the person gets it worked out, maybe we will see another post.

 

[17 squirrel]

Well, that's relevent to this post..

 

[printcraft]

The only time I've seen a gun entered immediately was when I was helping Bob at PSS during the 1500 and AFTER the trade was finished and the guy was gone with his purchase.. Not unusual to take a trade and have it gone within the hour at the 1500 but I've never heard of a shop entering a gun in the books before the NCIS transaction cleared. IMHO you were bamboozled big time.
[FONT=&amp][/FONT]

That's one way to make sure the guy HAS to come back to finish the deal.

 

[17 squirrel]

Exactly, my guess is the dealer is way ahead with the trade and does not want to lose this deal..

That's one way to make sure the guy HAS to come back to finish the deal.

It's as simple as that..
The guy that owned the now closed gun store in Alexandria
( Madison Co Guns ) would ring up the sale and have the customer pay before he would do the NICS check, many times I witnessed checks put on hold or denied and pissed off customers trying to get their money back..

 

[2in1evtime]

A well known large sporting goods store does the sale before finishing the call in. Then if you are put on hold they keep your money and tell you it can be up to 10 days before they call you. I personally saw this action on my brother about a month ago. First they told him everything was ok, then he paid, then they tell him he is on hold!!!!!!!!!

 

[WarJunky91]

It's as simple as that..
The guy that owned the now closed gun store in Alexandria
( Madison Co Guns ) would ring up the sale and have the customer pay before he would do the NICS check, many times I witnessed checks put on hold or denied and pissed off customers trying to get their money back..

I know we are kind of getting into a grey area here but is that legal? Not the making them pay first part, but the fact that you as an FFL could potentially have "sold" a firearm to a prohibited person and only found out once the NICS was denied? I think most courts would agree once a payment has been made an item can be considered sold even if the item hasn't physically changed hands yet?

 

[daddymikey1975]

I know we are kind of getting into a grey area here but is that legal? Not the making them pay first part, but the fact that you as an FFL could potentially have "sold" a firearm to a prohibited person and only found out once the NICS was denied? I think most courts would agree once a payment has been made an item can be considered sold even if the item hasn't physically changed hands yet?

Thisis a great qquestion because this very thing happened to me. I had a felony on my record that was recorded wrong 17 years earlier (got it sorted eventually) but I had to get a bit loud with the gun shop manager. They tried to hide behind the guise of me putting the gun on lay away as opposed to an actual purchase.

Never have been back to Midwest in Mishawaka since. (Oops, did I just say that? Lol)

 

[JettaKnight]

All this paying then running F4473...



Just like internet sales?

 

[jamil]

Once the Glock was written in the FFL's received arms record, there is no legal way for the transaction to be undone.

It is unpleasant, especially if it is all over paperwork at the NICS office. If the hold is not upgraded to "denied" status in 72 hours, the transactions can go forward as planned.

I know a guy with a pretty common name who's father had been in legal problems. He gets put on hold every time. Three days later he comes back and finishes the transaction.

Notwithstanding whether or not the Glock should have been recorded prior to the 4473, I've had issues because of a common name. The ssn is optional, but I've never had a problem when I do fill it in.

 

[hoosierdoc]

The best idea is to never trade your gun at a gun shop. You will lose money every time.

Same with baseball cards.

 

[chipbennett]

Why would you give the LGS your firearm prior to conducting/finalizing the sale?

I traded in a Ruger LC380 for a Glock 42 at PSS. Bob gave me a great price for the trade-in, so we proceeded. I showed it to him (practically NIB; maybe 50 rounds through it, and I cleaned it before bringing it in), but it was still in my possession. I filled out the Form 4473, they called and got the "proceed". Then we went to the cash register, and exchanged firearms, and I paid the balance.

I figured that would be how it always goes?

 

[LoriW]

When I worked at Gander Mtn and someone wanted to trade in a gun, we handled it as 2 separate transactions. One to buy the used gun and another to sell the new gun. NICS status meant nothing on the old gun, only the new gun. And the old gun wasn't entered into the computerized bound book until AFTER the transaction to buy that gun was complete

 

[LarryGri]

Boy this information is really eyeopening. Thanks to everyone commenting on this.

 

[printcraft]

Boy this information is really eyeopening. Thanks to everyone commenting on this.

That's why were here Larry.

 

[hopper68]

Any update?

 

[Lee11b]

 

[mrortega]

What a bunch of bull. The gun doesn't belong to the store until you pay for the new one and sell them the old; whether the store "buys" the gun from you then sells you theirs or charges you just the difference. Either way at that point at the register the ownership changes. When your 4473 is called in and you get a "Denied" or "Delay" you can just walk out of the store. It's still your gun.