So they sold it to the son in law that couldn't pass the background check but it is assigned to you. Report it to the ATF. They can take care of the chessy shop.
Gun Repo
- Thread starter Ribwizzard
- Start date
So they sold it to the son in law that couldn't pass the background check but it is assigned to you. Report it to the ATF. They can take care of the chessy shop.
shouldazagged
Absent Comrade
As to your original two choices, the Marlin 60 is a reliable, durable, accurate autoloader, at a really good price. They've sold tons of thm for a reason. But then I don't have $500 bucks to spare.
Since I am a somewhat irritable curmudgeon in my old age, I would want to find a way to tack that shop owner's pelt to the barn door. Maybe Caj's excellent idea plus some lousy word of mouth.
Since I am a somewhat irritable curmudgeon in my old age, I would want to find a way to tack that shop owner's pelt to the barn door. Maybe Caj's excellent idea plus some lousy word of mouth.
EarlB
Member
I worked at a pawnshop for years while I was in high school and college. Granted it was in Texas where there has never been and never will be such a thing as a waiting period, but we don't do business like that here.
At a minimum I would ask to see the Manager. There is a very good chance that he is not aware that this happened. This may all be something the clerk you talked to and/or his friend pulled off. You had a deal, you had paid, you had a receipt, you had even submitted the 4473 form if I understand your texts right...that's a done deal period. They cannot do what they did. The Manager should make it right, reprimand/fire whomever caused the mess - or if not I'd escalate to and speak to the owner who should do the same. Pawnshops (no business really) can stay in business with business practices like this.
THERE IS NO SUCH THING AS A PAWNSHOP SELLING SOMETHING TOO CHEAP - IT DOESN"T HAPPEN. You can be guaranteed that anything in the shop I worked at was marked at a 100% profit, minimum. That left plenty of room for negotiation with a customer and for profit. Some people would ask to haggle, many would not. I would assume it's the same way at most pawn shops but at ours every price tag was coded to indicate what the cost in the item was. No one, even the junior most clerk could make a mistake in not knowing what the cost in it was.
If the manager or owner doesn't make it right - go to the state pawnbroker's association which grants their license. It isn't about the value of the item being sold, it's about their business practices, principles, and integrity. I'd also post up on social media, BBB, and every place else. Do you still have your receipt? Everywhere I posted, I'd include an image of it.
Earl
At a minimum I would ask to see the Manager. There is a very good chance that he is not aware that this happened. This may all be something the clerk you talked to and/or his friend pulled off. You had a deal, you had paid, you had a receipt, you had even submitted the 4473 form if I understand your texts right...that's a done deal period. They cannot do what they did. The Manager should make it right, reprimand/fire whomever caused the mess - or if not I'd escalate to and speak to the owner who should do the same. Pawnshops (no business really) can stay in business with business practices like this.
THERE IS NO SUCH THING AS A PAWNSHOP SELLING SOMETHING TOO CHEAP - IT DOESN"T HAPPEN. You can be guaranteed that anything in the shop I worked at was marked at a 100% profit, minimum. That left plenty of room for negotiation with a customer and for profit. Some people would ask to haggle, many would not. I would assume it's the same way at most pawn shops but at ours every price tag was coded to indicate what the cost in the item was. No one, even the junior most clerk could make a mistake in not knowing what the cost in it was.
If the manager or owner doesn't make it right - go to the state pawnbroker's association which grants their license. It isn't about the value of the item being sold, it's about their business practices, principles, and integrity. I'd also post up on social media, BBB, and every place else. Do you still have your receipt? Everywhere I posted, I'd include an image of it.
Earl
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HOUSTON RICK
Member
They owe you more than your money back.
I CLAIM BS ON THE SELLER!!!
First thing in the morning I would definitely be on the phone with the BATFE, FDLE or whom ever runs the background checks in FLA, explaining what has happened and that you want to verify that the firearm is not showing as being transferred to you on the BATFE or FDLE's end.
My guess is the seller is showing the transfer to you on their A&D "Bound Book" and actually transferred the firearm to someone else. This puts you on the hook should something hinky happen and the rifle shows up with an evidence tag zip tied to the trigger guard.
At the least, if this had happened to me, I would not have left the store without seeing their A&D "Bound Book" showing the firearm was not transferred to me and still listed in store inventory. I would also demand (AKA, I'm not leaving until it's in my hand) the return of the ORIGINAL SIGNED AND DATED FORM 4473 that they claim was not processed (Think IDENTITY THEFT.)
The store is required to maintain the ORIGNAL FORM 4473 and BOUND BOOKS for TWENTY YEARS from the date of transfer.
IF they claim the 4473 you filled out was not "Called In" and the firearm was not "Transferred To You", there is no reason for them to retain the original signed and dated FORM 4473.
If they show the transfer on their "Bound Books" to you but can't produce a corresponding FORM 4473 during their "Annual" inspection their world has just changed to ****!!!
Class III
First thing in the morning I would definitely be on the phone with the BATFE, FDLE or whom ever runs the background checks in FLA, explaining what has happened and that you want to verify that the firearm is not showing as being transferred to you on the BATFE or FDLE's end.
My guess is the seller is showing the transfer to you on their A&D "Bound Book" and actually transferred the firearm to someone else. This puts you on the hook should something hinky happen and the rifle shows up with an evidence tag zip tied to the trigger guard.
At the least, if this had happened to me, I would not have left the store without seeing their A&D "Bound Book" showing the firearm was not transferred to me and still listed in store inventory. I would also demand (AKA, I'm not leaving until it's in my hand) the return of the ORIGINAL SIGNED AND DATED FORM 4473 that they claim was not processed (Think IDENTITY THEFT.)
The store is required to maintain the ORIGNAL FORM 4473 and BOUND BOOKS for TWENTY YEARS from the date of transfer.
IF they claim the 4473 you filled out was not "Called In" and the firearm was not "Transferred To You", there is no reason for them to retain the original signed and dated FORM 4473.
If they show the transfer on their "Bound Books" to you but can't produce a corresponding FORM 4473 during their "Annual" inspection their world has just changed to ****!!!
Class III
What he said^^^ !!!
I once was quoted a price over the phone of $150.00 for a model 66-1 from a new guy at Lew Hortons gun shop in Framingham Ma
After driving an hour to get there I saw the gun with a price tag of $350.00,when asked about the price quoted by phone they explained the new guy quoted what they were into for by mistake.lew Hortons honored that mistaken quote And I left with a steal of a deal and a lot of respect for their organization.
After driving an hour to get there I saw the gun with a price tag of $350.00,when asked about the price quoted by phone they explained the new guy quoted what they were into for by mistake.lew Hortons honored that mistaken quote And I left with a steal of a deal and a lot of respect for their organization.
wingriderz
Member
Wow make sure all friends family know how this place does business
Bakebfr480
Member
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Get a Ruger 10/22!
Alpo
Member
I'da called the cops.
The heck with the 4473. I have a receipt in my pocket saying I paid for the gun. Clerk refuses to give me MY GUN, that I've already paid for. "Hello, police. This man just stole my gun."
The heck with the 4473. I have a receipt in my pocket saying I paid for the gun. Clerk refuses to give me MY GUN, that I've already paid for. "Hello, police. This man just stole my gun."
Check out the CZ line of .22s....... if you can get an older ( pre 2014) model they are 452's .... the newer 455s aren't bad either.
I'd be concerned if someone had a 4473 with my signature on it saying I bought a gun I did not get. At best, this is just a sleazeball reneging on a deal. At worst, it's a way to cover a transfer from his "bound book" to someone who is unable to honestly fill out the 4473.
The_Truth
Member
Yeah, this wouldn't'a flied with me. If you've got my money I bought the item and it's legally mine. Not to mention the background check...what an absolute joke. I'd be on the phone with every applicable state agency about it for sure.
ExRanger714
Member
Angie's list, Yelp, BBB website, or comment on their Facebook page.
scoobysnacker
Member
At the very least, contact the ATF and state exactly what happened. Don't say you're "filing a complaint", state that you are concerned about filling out a background check form on a firearm, and then not receiving it. You want to be sure it's not filed as transferred to you.
My local range/FFL told me they have to account for each form, even if you make a mistake on the paperwork (you have to draw a line through it and still submit the original). Meaning, even if it's not submitted, you have to keep it, not tear it up or whatever.
So in your case, you need assurances this isn't listed as "your gun".
My local range/FFL told me they have to account for each form, even if you make a mistake on the paperwork (you have to draw a line through it and still submit the original). Meaning, even if it's not submitted, you have to keep it, not tear it up or whatever.
So in your case, you need assurances this isn't listed as "your gun".
scoobysnacker
Member
Rib, you absolutely need to follow through with this.
As it stands now, you have a very possible chance of being involved in a straw purchase. I'm NOT an FFL, but my guy told me those aren't disposable forms; and if you filled it out in full, you might be listed as the purchaser.
Good luck with this
If you filled out the 4473 in full, signed it,,,and the NICS check was completed (with a 'Proceed' given),,BUT,,the firearm is not physically transfered at that time (waiting period,ect),,then the buyer has to re-sign the 4473 and date it again in a separate section further into the form when it is picked up from the FFL.
If the FFL has the 4473 filled out, but the transaction is not followed through to the point of a NICS check being called in and a NICS check # is never issued to the FFL for the transfer,,then the 4473 form for that xfer can be destroyed by the FFL. It does not have to be kept.
IF the NICS check was called in and a # issued by the FBI for that transaction (there's a place for it on the 4473),,then that 4473 has to be preserved and kept by the FFL no matter if the transaction is followed through with or not.
It has to also be kept if there is a DENY response, or a Delay and in the latter if the xfer is never completed.
The way the FFL/Pawn dealer pulled the gun transaction from under the OP would make me feel uneasy at the least about having made out that 4473 and having them tell me 'we never called it in'. All that after going through the FLA waiting period. Why wait to call it in when they could have run up against a DENY response from the FBI 10 days ago. Then put the rifle right back up for sale then.
I too would call the local BATF office and explain the situation. They have a Compliance Office that handles such things and these are the Agents that pay visits to the FFL's to check their records and inventory to make sure things are run on the up & up.
They've seen about every trick in the book to side step transfer paperwork and do backdoor deals.
It might not be the first time anyone has called about the Shop.
Either the FFl's books will reflex the correct situation with the rifle, that it was simply sold to another person. (Quite possible & just plain poor business practices for them.)
There may be a 4473 on file in the OP's name w/a NICS check done but 'No Transfer Completed" written and signitured/dated on it in their records, ( I doubt it..)
,or a 4473 w/a NICS check done with the OP's name on it for that rifle, the rifle gone from the books as sold to the OP and a Pawn Dealer/FFL with a lot of explaining to do. (Could be,,and that would bother me..a lot)
jmo
If the FFL has the 4473 filled out, but the transaction is not followed through to the point of a NICS check being called in and a NICS check # is never issued to the FFL for the transfer,,then the 4473 form for that xfer can be destroyed by the FFL. It does not have to be kept.
IF the NICS check was called in and a # issued by the FBI for that transaction (there's a place for it on the 4473),,then that 4473 has to be preserved and kept by the FFL no matter if the transaction is followed through with or not.
It has to also be kept if there is a DENY response, or a Delay and in the latter if the xfer is never completed.
The way the FFL/Pawn dealer pulled the gun transaction from under the OP would make me feel uneasy at the least about having made out that 4473 and having them tell me 'we never called it in'. All that after going through the FLA waiting period. Why wait to call it in when they could have run up against a DENY response from the FBI 10 days ago. Then put the rifle right back up for sale then.
I too would call the local BATF office and explain the situation. They have a Compliance Office that handles such things and these are the Agents that pay visits to the FFL's to check their records and inventory to make sure things are run on the up & up.
They've seen about every trick in the book to side step transfer paperwork and do backdoor deals.
It might not be the first time anyone has called about the Shop.
Either the FFl's books will reflex the correct situation with the rifle, that it was simply sold to another person. (Quite possible & just plain poor business practices for them.)
There may be a 4473 on file in the OP's name w/a NICS check done but 'No Transfer Completed" written and signitured/dated on it in their records, ( I doubt it..)
,or a 4473 w/a NICS check done with the OP's name on it for that rifle, the rifle gone from the books as sold to the OP and a Pawn Dealer/FFL with a lot of explaining to do. (Could be,,and that would bother me..a lot)
jmo
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