Gun paid for then delayed???

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  • rmabrey

    Grandmaster
    Rating - 100%
    1   0   0
    Dec 27, 2009
    8,093
    38
    I was out at Strictly shooting here in Evansville the other day. A buddy was buying his wife her first gun and had all his paperwork filled out and paid for the gun. Then the bad news, the computers were down and his approval was delayed.

    Here in lies the question, is this still legal though technically he has paid for the gun but it is still in possession of the shop. My guess is that no laws were broken but it was interesting none the less.
     

    varasha

    Sharpshooter
    Rating - 100%
    8   0   0
    Oct 5, 2009
    335
    16
    Indy East Side
    Delayed doesn't mean denied...in fact...everyone i personally know that has been delayed received their firearms 3 days latter.

    Delayed just means the background check people have 3 days to find a reason to say no...if they don't say anything within that time, the gun shop can legally give you the gun with no further contact with the BATF
     

    Que

    Meekness ≠ Weakness
    Site Supporter
    Rating - 98%
    48   1   0
    Feb 20, 2009
    16,373
    83
    Blacksburg
    I've never turned over money prior to the check being approved. Did he let them hold on to his money while he's waiting for the approval?
     

    rmabrey

    Grandmaster
    Rating - 100%
    1   0   0
    Dec 27, 2009
    8,093
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    Delayed doesn't mean denied...in fact...everyone i personally know that has been delayed received their firearms 3 days latter.

    Delayed just means the background check people have 3 days to find a reason to say no...if they don't say anything within that time, the gun shop can legally give you the gun with no further contact with the BATF


    poor choice of wording in my title, I need to figure out how to change that
     

    rmabrey

    Grandmaster
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    1   0   0
    Dec 27, 2009
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    I've never turned over money prior to the check being approved. Did he let them hold on to his money while he's waiting for the approval?

    paid on plastic cause they weren't really knocking much off the price to have cash. Not really sure what went on behind the scenes with the pending transaction.
     

    varasha

    Sharpshooter
    Rating - 100%
    8   0   0
    Oct 5, 2009
    335
    16
    Indy East Side
    Some paces require payment before background check and some after...if we are patient someone with better search fu then i have do will pop in here and lay down the law...or the lack of the law....

    might just be up to each store, or even done on an individual basis...
     

    curraheeguns

    Master
    Rating - 100%
    78   0   0
    Nov 8, 2008
    4,573
    113
    NW Hendricks County
    I require payment before the check. Once you do the check you are telling ATF the gun has transfered and it comes off your book. If the CC is declined or for some other reason the sale doesn't go through then you have told ATF a transfered happened that didn't really happen. So you have to call them back and it is a PITA.

    If they are delayed I hold the payment, if they are denied then 100% refund.
     

    MrsGungho

    Grandmaster
    Rating - 100%
    2   0   0
    Nov 18, 2008
    74,615
    99
    East Side
    I require payment before the check. Once you do the check you are telling ATF the gun has transfered and it comes off your book. If the CC is declined or for some other reason the sale doesn't go through then you have told ATF a transfered happened that didn't really happen. So you have to call them back and it is a PITA.

    If they are delayed I hold the payment, if they are denied then 100% refund.

    same way we do it and most shops I have ever been in. It is a shop by shop basis.
     

    chipdog4

    Sharpshooter
    Rating - 100%
    2   0   0
    Apr 2, 2008
    594
    34
    I saw that happen once at Strictly Shooting, too. Only store I've been to where you pay first.
    It struck me as odd because you're buying a gun without a background check.
     

    Colt556

    Grandmaster
    Rating - 100%
    65   0   0
    Feb 12, 2009
    8,998
    113
    Avon
    I've never been in a shop that would do the check prior to payment, mostly for the reason Cory stated above. While working in shops I've seen several customer Delays. It can be caused by any number of reasons but they usually go through within the 3 days. Luckily I've never been Delayed on a purchase but it always makes me nervous for some reason.
     

    sj kahr k40

    Grandmaster
    Emeritus
    Rating - 0%
    0   0   0
    Sep 3, 2009
    7,726
    38
    I was in a small shop down by New Albany several years ago and they had a sign that said 20% restocking fee if denied, that seemed wrong to me.

    At PSS I've had them run my card before the call and take cash after the call.
     

    XtremeVel

    Master
    Rating - 100%
    21   0   0
    Feb 2, 2010
    2,380
    48
    Fort Wayne
    At PSS I've had them run my card before the call and take cash after the call.

    Thats how they have done it whenever I buy something at Ranger supply. Also, it can be a deal breaker at a gunshow for me. If I see something at a show, I always up front tell them I will only take it if I am not delayed. Usually I like dealing with ZX at the show, but time is money to me. I would hate to pay and then take half a day off work to travel there to pick up a few days later. Actually, I would even pay a little more and deal with the local guy as far as thats concerned if it means saving time driving.
     

    ThrottleJockey

    Shooter
    Rating - 100%
    2   0   0
    Oct 14, 2009
    4,934
    38
    Between Greenwood and Martinsville
    I had that happen once, paid, w/CC then delayed. The shop said they'd call if a cleared status came in, but they never did. I went back after the allotted time and they said that it had been cleared 20 minutes after I walked out the door and they just forgot to call.....oh well, I got my XD.45 and love it....My buddy with a kimber likes shooting with me because unlike his, you get to shoot mine a bit, with his it's a lot of reloading mags....lol (he secretly admits that mine is more accurate and feels better to shoot too):)
     

    rmabrey

    Grandmaster
    Rating - 100%
    1   0   0
    Dec 27, 2009
    8,093
    38
    Thanks guys, Anytime I have been to that shop I always paid after i was cleared and I have never been delayed. Just seemed unusual to me
     
    Rating - 100%
    4   0   0
    Nov 19, 2009
    2,191
    36
    Central Indiana
    I will not purchase a firearm from a shop that has a "restocking" fee for a denial. Although I've been a "good boy" as the guys at ITP like to say - in the event of a fluke NICS denial there is no way I'm handing over 20%.
     

    Dawall

    Expert
    Rating - 0%
    0   0   0
    Jan 15, 2010
    1,373
    36
    Lake County
    A lot of stores do not properly display any of their procedures or policies so they can manipulate the customer after they have the money. They will show you a small sign in a corner where no one can see it and say it is posted. A fee will always be charged. Very unprofessional and will never receive a loyal customer base or a good word of mouth.
     

    U.S. Patriot

    Grandmaster
    Rating - 87.5%
    7   1   0
    Jan 30, 2009
    9,815
    38
    Columbus
    Personally I never pay for a gun until I'm cleared. I have been lucky though, I have never been put of hold. Even with having a very common name. That and the comps have never gone down during my checks!
     
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