Nightmare gun sale and jerk FFL

If you haven't already, cash the check.

If you end up getting the gun back, you can refund him what is due him (which will only be the cost of the gun). If, say, the ATF gets involved and takes the Anaconda into their protective custodial labyrinth, and neither you nor anyone else ever sees the gun again, you will have been paid just as you should have been. Pay no heed to the fact that the buyer keeps insisting this is between you and his FFL and does not want to step into it. He stepped into it (or should I say stepped in it) when he chose an ignorant person to have you ship the gun to. Maybe he couldn't have known the (in)competence level of his FFL, but the burden of that due diligence certainly never rested on your shoulders.

I would let both of them know, too, that if you do have to get a lawyer involved, you will take steps to see one or both of them pay the fees.
 
Is it just me or do I smell a rat on the other end of that deal. If the FFL had a problem all he had to do was refuse to recieve the shipment. He did not. He is refusing to transfer it to the purchasher, or return it to the seller.
Last time I checked that was called theft and/or fraud.
 
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I vote that the FFL information be posted here so that others can steer away from this dealer... FOREVER!:barf:
 
No laws were violated on my end. Even the ATF has confirmed that fact. An individual can send a firearm to an FFL. They just have to do it overnight via FedEx. Which I did.
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I don't know CA state laws, so I'm not contradicting this statement, just adding a caution.

ATF does not enforce state laws and ATF agents may or may not know the firearm laws relating to individual states.

The fact that no FEDERAL law was broken per the ATF agent doesn't have any bearing on whether or not CA law may have been violated.
 
What Problem ?

You stated that it's been over 3 weeks since this B>S> started, I don't see mentioned in this thread that you have $ in hand ( a check ????) was sent y/n...it would have been cashed before the shipment of said weapon... y/n all the rest of this nightmare is on THEIR end...UNLESS you did not have real $ in hand before said nightmare then it a learning tool.....:cool:
 
Cash the check and be done with it. Who really know what the FFL's agenda is. You were up front with the sale, the buyer accepted it, and his choice of FFL was a poor one. That is not your fault. If you agree to accept the gun back, you will further immerse yourself in this mess, which is ALL the fault of the FFL.
 
I read the NWFA thread and what a mess by the FLL (he even joined the forum to announce the name of his shop and then proceeded to make a fool of himself).

PbP if you have not cashed the check I would and not invest anymore of your time. Sounds like the buyer has done zip from his end and he is the one who chose the FFL. Let him sweat for a change. You received the money, you shipped it to the FFL and the FFL has confirmed receipt. No longer an issue for you. I know you are trying to do the best you can for the buyer but that goodwill should be exhausted.

Thanks for the warning. I just wonder how you or any of us could avoid this in the future except just do FTF transfer in-state. Sounds like you did everything right.
 
I just read the NWFA post as well. I am possibly moving to AZ this summer and I will definitely be steering clear of that guy.

Thanks for the heads up.

Good luck...
 
Just wanted to add... I remember the listing for that one now... very nice pistol you had there! If I was the buyer, I would sure be doing all I could to get possession of that beauty.
 
PBP, I just got done reading the thread on the other board. It's looking more and more like something fishy is going on with the FFL, buyer, or both. I'll disagree with others here in saying that I think you did the right thing in not cashing the check yet. I can see someone on the other end attempting to accuse you of theft by saying that you took payment but never delivered the gun. I also think you did the right thing by contacting the ATF and providing them with the dealer's info. Personally, I'd ask the ATF whether or not you should cash the check before doing so. If payment has been stopped on the check and you do not recieve the gun back, I would then report it stolen. Honestly, I find it strange that the buyer is so unwilling to get involved if he knows that the dealer does indeed have his gun but is unwilling to transfer it to him. Were I the buyer, I would be contacting the ATF myself and making them aware that the FFL is refusing to legally transfer my property to me. It is this that makes me sucspicious of both the FFL and the buyer and what would make me heasitant to cash the check. Personally, I'd rather be out the gun than accused of theft and an unchashed check makes it pretty difficult to accuse you of theft.
 
If the store thinks it's a crime, he should have reported it. Is he breaking a law by not reporting this crime? If he reported it, he would know it isn't a crime. Seems he is being quite a dufus and mexican standoffs like that make me suspicious that someone is doing thier best to take me for some bux.

Cash the check.
 
There is one thing a gun dealer doesn't want and that is a visit from the ATF. Tell moron's you already talked to the ATF, advise them they are in violation of the law because the gun is not in their bound book and you are calling the ATF back to let them know. If it is in their bound book and will not transfer it to the buyer then they have stolen it.

What a pain in the rear, good luck.
 
I agree the FFL sounds fishy, but I can't imagine what they hope to gain from this, or what they believe they are protecting. Being an FFL puts you on a high profile radar with federal authorities. And if the BATFE is biased, it is more toward running FFLs out of business on technicalities than a single private gun owner.

If this were not an FFL on the other end I would say it appears the middleman is trying to make off with a nice piece of merchandise and create a cloud of blame to distract attention. But for an FFL to try this is suicide for their business.

I would never walk into their shop if I lived in Arizona. I've never heard of an FFL behaving in such a manner. Some will refuse to give their FFL info to private citizens, but the FFLs I've dealt with have no problem knowing whether they are dealing with individuals or fellow FFLs. It is not rocket science. Like, before sending your FFL info, just ask in return, "What is your FFL number?" For this dealer to claim he was mislead into thinking PbP was fellow FFL dealer is absurd.
 
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