purchase law

Jonathan Waits

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So a friend of mine at work purchased a 700 dollar glock from a certain store in midwest city. This store did the ibc, came back a hold, they took his money anyways, and now he no longer wants it, but there is a 65‰ restocking fee. Is there anything he can do?
 

TerryKendell

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If he paid in cash he is out of luck.

If he paid by credit card, he needs to contact credit card company and report that transaction was not completed.
 

gondo

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restocking fee is outrageous unless it was something special order, but what is more outrageous is paying 700 for a glock... thats nuts
 

Robusto

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So they are going to charge him a $455 restocking fee for some thing that was never delivered to him?
And took his money (cash) after he got a "Hold" on a instant background check?

[shadow='']Sounds legit.[/shadow]
 

Jonathan Waits

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Well i didnt send the guy to that unknown world of guns, in fact, didnt even know the guy before today, but since folks at work know i like guns, i was asked about it. I ask here because i dont know the law, technically a transaction took place before the bg check was completed, is thia legal? Can he get the atf involved with them on that basis, and can he get with the bbb about the transaction itself?
 

charger arms

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ATF won't give 2 shits about this. Not their issue. BBB is a joke. The store will laugh about the complaint. Best thing your guy can do is suck it up and pick his gun up after the NICS says approved.
 

Matt1911

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Adam Balzer (ChargerArms) said:
ATF won't give 2 shits about this. Not their issue. BBB is a joke. The store will laugh about the complaint. Best thing your guy can do is suck it up and pick his gun up after the NICS says approved.
Yup.
Sucks, but he's best off just getting the gun and taking a loss on it when he decides to sell it.

I'm still amazed how Gun World stays in business with their very highly inflated prices.
 

Jonathan Waits

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So the transaction/exchange of money can take place BEFORE the nics comes back or is even called in and not be considered a sale of a gun without tge bg check froman ffl?
 

Wall

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Jonathan Waits said:
So the transaction/exchange of money can take place BEFORE the nics comes back or is even called in and not be considered a sale of a gun without tge bg check froman ffl?
Yep, no different than buying it online & having the bg check at the local ffl after they receive it.
 

Burk Cornelius

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I'm not 100% sure but maybe one of our FFL members will chime in. I don't think a face to face FFL will typically take your money until AFTER the background check (none of mine ever have).

This deal sounds really screwy but knowing that place (which I do) it doesn't surprise me

[EDIT] Tony already answered
 

WillR

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Small claims court? They aren't going to award that high of a restocking fee for something that wasn't restocked or delivered.
 

charger arms

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Burk Cornelius said:
I'm not 100% sure but maybe one of our FFL members will chime in. I don't think a face to face FFL will typically take your money until AFTER the background check (none of mine ever have).

This deal sounds really screwy but knowing that place (which I do) it doesn't surprise me

[EDIT] Tony already answered
After going through delays that decide not to pick up weapon or back out because they have no skin in the game, you can see why places process the sale before the background check. As a dealer, you can get tired of spending your time filling out paperwork for nothing or dealing with the "I bought this yesterday, but this place now has them one sale" crap.

While I feel for him for paying too much for a Glock (unless it is something super uber cool), He should have price shopped.
 

Jonathan Waits

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Adam Balzer (ChargerArms) said:
After going through delays that decide not to pick up weapon or back out because they have no skin in the game, you can see why places process the sale before the background check. As a dealer, you can get tired of spending your time filling out paperwork for nothing or dealing with the "I bought this yesterday, but this place now has them one sale" crap.

While I feel for him for paying too much for a Glock (unless it is something super uber cool), He should have price shopped.
Yeah, and this is why the unnamed gunstore which may or may not be Gun World is still in business. Oh well.
 

LoganbillJ

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I think most gun shops say all gun sales are final, that's our policy. At the same time he never took possession of the gun so I would be fine with giving him a refund. I may charge him a transfer fee for going through the paperwork and the hassle only to decide later he didnt want it. But a 65% restocking fee is rediculous.
 

technetium-99m

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I've always handed over cash first. Be it over the Internet or from a local shop.

He may still be able to pick up the gun though, what is it 72 hours for a hold unless they come back with a deny? That's a heck of a lot better than only getting 35% of his money refunded.
 

charger arms

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technetium-99m said:
I've always handed over cash first. Be it over the Internet or from a local shop.

He may still be able to pick up the gun though, what is it 72 hours for a hold unless they come back with a deny? That's a heck of a lot better than only getting 35% of his money refunded.
3 Business days unless they get a call back from NICS before then with an update. And those business days are the store's, not calendar.
 

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