Pistol in Limbo?

[ReconLdr]

I was contacted by a friend/owner of a gunshop. He had some questions on what he should do with a pistol he has in his shop. Here is the situation:

1) Customer ordered gun online and shipped to friends shop.
2) Shop received gun and contacted the customer.
3) Customer failed PICS
4) Customer failed/lost challenge
5) Original owner got his/her money doesn't want the gun back.
6) Shop offered to pay the customer "Dealer Price" for the gun and customer refused to take a loss.

Now my buddy has this pistol in his safe at the shop and isn't sure what to do with the gun.

If I understand correctly the customer doesn't own the gun, neither does the shop. Who owns it? (I know it is on the books at the shop but he didn't pay for the gun.)

My buddy doesn't want to put the gun on the shelf because the customer mentioned sending his brother or father up to "get the gun".

I told him he should put the gun back on gunbroker where it came from and send the customer 1/2 of the money he gets for it or sell it to someone he knows will not just turn it over to the original customer. (like me)

I know we have shop owners on here, what would you guys do? What does the law say about this kind of situation? My buddy has only been in business for a few months, this is the first time this has happened to him.

[theo]

Pretty scary the owner of the shop does not know the laws regarding a transfer.

I would think he would want to contact the right authorities, and not get an answer on an internet forum (even one as good as this one.


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[Devrbd]

Sounds like a gun version of the movie "The Terminal".

[Dredly]

I would handle it like thus:

1. start charging the "owner" a storage fee after like 2 weeks of something like 25.00 a week.

2. Contact the person who sent the dealer the gun and advise them of the current situation to ensure that no negative feedback goes to him

3. After 2 months of charging the storage fee I would notify the "owner" that they have to pick it up within a week and pay past storage fee or it is going on sale and is forfeit

[Dredly]

Pretty scary the owner of the shop does not know the laws regarding a transfer.

I would think he would want to contact the right authorities, and not get an answer on an internet forum (even one as good as this one.


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What are you talking about? he knows the rules, at this time he is the owner of the firearm, he doesn't know how to handle the situation though

[theo]

What are you talking about? he knows the rules, at this time he is the owner of the firearm, he doesn't know how to handle the situation though

Exactly. I would contact the correct authorities to find out how to rectify the situation.

Your answer sounds very good (Charging a storeage fee), but what if it not the legal way to rectify the problem.

If it was my shop, I would want the correct answer, not a very good answer.


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[ReconLdr]

Pretty scary the owner of the shop does not know the laws regarding a transfer.

I would think he would want to contact the right authorities, and not get an answer on an internet forum (even one as good as this one.


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He knows he can sell the gun....He doesn't know if he has to (by law) give the customer the same price he paid for the gun. (the customer paid full MSRP) The same model gun sits on his shelf for $45 less than MSRP.

[falcn]

His option on the list #6 - dealer gives the guy dealer cost - his loss covers shops hassle!

I feel bad for the customer, but how do you not know you will fails a PICS/ AND the appeal? The shop now has a gun in inventory to handle due to the customer.

After this he should amend his policy to cover situations like this - such that if the purchaser fails PICS/APPEAL there WILL be a charge of $100 or something.

[tl_3237]

Here's my non-lawyer take on the issue. Barring sales agreeement between the customer and the FFL:

1. the customer is the beneficial owner of the gun, he paid for it. The FFL is acting as a transfer agent and now storage agent;

2. the FFL should notify the customer by certified mail that the gun must be removed from the shop by a date certain or reasonable specified storage charges will begin to accrue. The customer has the following choices to remove the gun:
a. arrange for a qualified buyer to come to the shop for final transfer;
b. arrange for another FFL to accept delivery. Storing FFL to charge customer reasonable shipping/handing expenses.

3. if customer fails to perform then, after sufficient storage charges have accrued, file a complaint (small claims suit) with the MDJ seeking an order for the customer to pay the storages charges and arrange for the removal of the gun or, in the alternative, have the court award ownership of the gun to the FFL in lieu of the storage charges.

Without the cooperation of the customer or a court order, I cannot see any other way that the gun can be legally disposed of.

[theo]

a. arrange for a qualified buyer to come to the shop for final transfer;

Wouldn't that be considered a straw purchase?


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