hi im in california, and i purchased a handgun a week ago, so i guess i failed the background check... and i'm being told they are not refunding me my money for the gun because i paid up front is this legal? i understand they can keep the money for the test/background check stuff but can they keep my money for my handgun? i paid in cash and i think this place is doing some kind of shady business to me and i need some answers so if i need to i can take legal action, thanks in advanced everyone
failing background check when buying
- Thread starter smokefx
- Start date
Do you have a receipt?
If you dont have a recipt you may want to get them in writing saying they will not refund you $xx.yy, this will help in establishing that they are acknowledging that you paid them.
Ask them where it says that they can keep your money in this type of situation.
If you dont have a recipt you may want to get them in writing saying they will not refund you $xx.yy, this will help in establishing that they are acknowledging that you paid them.
Ask them where it says that they can keep your money in this type of situation.
Tacticool1
Inactive
Tell us the place so we can stay away or give advise if Ppl have had prior dealings with them. Thx
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Frank Ettin
Administrator
Many stores will charge a up to a fairly hefty "restocking" fee. But the terms of sale should have been posted in the store or stated on the receipt. If the store won't work with you, your recourse is small claims court.
Do you know why you were denied? Was the DOJ correct. Sometimes, if you have a name that is similar to someone who is prohibited, you will be mistaken for him and denied. If that's the case with you, it might be in your best interest to appeal and get things straightened out.
Do you know why you were denied? Was the DOJ correct. Sometimes, if you have a name that is similar to someone who is prohibited, you will be mistaken for him and denied. If that's the case with you, it might be in your best interest to appeal and get things straightened out.
Dragline45
New member
I have seen $100 restocking fee's but they have no right to keep your money. Go in personally and threaten to bring them to small claims court, if that doesn't work tell them you are devoting the next year to bad mouthing their store in every way possible.
marklyftogt
New member
Did you sign a purchase contract? The place I buy my guns charges a 20% restocking fee. That should more than cover their costs as they still have the gun. Poor business if they try to keep all of your $$$
How do you know you failed the background check? Are you sure this business even did one? Perhaps they are lying to you and are just straight ripping you off.
If you failed the background check when you shouldn't have, there is an appeals process to get it straightened out. After doing so, you should then be able to get the gun you paid for.
If, on the other hand, there was a reason to deny your purchase (i.e. felony or domestic violence conviction, dishonorable discharge) and you were not honest when you filled out the federal form to buy the gun, you may want to rethink presenting those facts to a court of law.
If you failed the background check when you shouldn't have, there is an appeals process to get it straightened out. After doing so, you should then be able to get the gun you paid for.
If, on the other hand, there was a reason to deny your purchase (i.e. felony or domestic violence conviction, dishonorable discharge) and you were not honest when you filled out the federal form to buy the gun, you may want to rethink presenting those facts to a court of law.
If you have the receipt as genuine proof that you've paid cash for the gun and they refuse to reimburse your money this is step one of filing a small claims against the business or owner in the state of California.
You need to send them a "demand letter." There are links on the internet which will assist you in writing one since there are several types. A copy of this document will have to be filed with any documents you submit to small claims court.
You need to send them a "demand letter." There are links on the internet which will assist you in writing one since there are several types. A copy of this document will have to be filed with any documents you submit to small claims court.
In most cases, threatening legal action is a bad idea. It shuts down any further dialogue, and most businesses know it to be a bluff. If you are going to pursue legal action, don't mention it to them. Let them find out when they get the summons.
As far as word-of-mouth...some stores take it very seriously, while others disregard it completely. A store that's going to rip people off is probably going to fall in the latter group.
I'd take it to the local magistrate court.
Microgunner
New member
DasGuy said:
We don't call in the background check until the firearm is paid in full.
We charge $25 for any incomplete firearms transaction.
Walklightly
Moderator
Can you find out why you didn't pass?
I've known a couple of shops to do this. People will use the shop as a free backbround-check service. They'll take up a great deal of the shop's time, then walk out if they get delayed or denied.
In that case, the proprietor can issue a refund if the purchase isn't completed, but retain a fee for his time and efforts.
Bartholomew Roberts
Moderator
You haven't mentioned why you got denied but if you did not truthfully fill out the Form 4473, that is a federal crime, in addition to any possible violations of California state law. I would make sure I was not guilty of any criminal offenses before I pursued action in civil court.
First of all, begin the legal challenge about your denial. No matter what, you will need to get that straightened out.
The cannot legally keep the entire price of the gun. They can charge a rediculous "restocking fee" but they can't keep all your money, if you don't get the gun. The line about "they can keep it because you paid cash" is pure BS!
Some places will "sell" guns before the background check is done, because the law allows it. Delivery (not purchase) is what is being denied with the failed check. Its not ethical, but it seems to be legal. That's why they can charge a restocking feel, because you "bought" the gun. Its a trap, but under current law, there doesn't seem to be anything that can be done about it.
Keeping all the money you paid is bogus. Clearly they are hoping you will just eat your loss and go away.
Don't.
There is a legal method for finding out why you were denied. ITs a hassle, takes time, is frustrating, and might even cost a bit, but DO IT! For one thing, if you want to buy a gun from another store (and I don't think I would do any more business with the one who is trying to rip you off), you will need to pass the background check. So get it cleared up. IT might be a clerical error. IT might be something you don't remember (or aren't aware of) that is snagging you. Also, find out if you whether you are DELAYED or DENIED! There is a huge difference! The store might be lying to you. Any place that commits one ethical violation is likely to commit others too!
If your record is squeaky clean, go get 'em tiger! If not, find out what needs to happen to fix it (a lawyer might be needed). There are things that can put you on the denied list that you might not be aware of (and it might be state denial, not federal). You need to find these things out, then decide the best course of action.
Please let us know how things proceed for you. A gun store that does that should not be allowed to stay in business.
One other thought, some stores are owned by people who don't run them. This may be a case of the clerk ripping you off, and the owner knowing nothing about it. I suggest you contact the store owner/ guy who holds the FFL, and see if they know, and approve of what's going on.
The cannot legally keep the entire price of the gun. They can charge a rediculous "restocking fee" but they can't keep all your money, if you don't get the gun. The line about "they can keep it because you paid cash" is pure BS!
Some places will "sell" guns before the background check is done, because the law allows it. Delivery (not purchase) is what is being denied with the failed check. Its not ethical, but it seems to be legal. That's why they can charge a restocking feel, because you "bought" the gun. Its a trap, but under current law, there doesn't seem to be anything that can be done about it.
Keeping all the money you paid is bogus. Clearly they are hoping you will just eat your loss and go away.
Don't.
There is a legal method for finding out why you were denied. ITs a hassle, takes time, is frustrating, and might even cost a bit, but DO IT! For one thing, if you want to buy a gun from another store (and I don't think I would do any more business with the one who is trying to rip you off), you will need to pass the background check. So get it cleared up. IT might be a clerical error. IT might be something you don't remember (or aren't aware of) that is snagging you. Also, find out if you whether you are DELAYED or DENIED! There is a huge difference! The store might be lying to you. Any place that commits one ethical violation is likely to commit others too!
If your record is squeaky clean, go get 'em tiger! If not, find out what needs to happen to fix it (a lawyer might be needed). There are things that can put you on the denied list that you might not be aware of (and it might be state denial, not federal). You need to find these things out, then decide the best course of action.
Please let us know how things proceed for you. A gun store that does that should not be allowed to stay in business.
One other thought, some stores are owned by people who don't run them. This may be a case of the clerk ripping you off, and the owner knowing nothing about it. I suggest you contact the store owner/ guy who holds the FFL, and see if they know, and approve of what's going on.