Are all gun sales final?? (Read 3767 times)

toku58

Are all gun sales final??
« on: October 21, 2020, 12:12:24 PM »
The guy at the shop told me that all sales were final?  I paid for the gun but still need to go through the permitting process.  If something should happen and I’m unable to acquire the permit for some reason? What happens to my payment?
That sounds crazy, considering I haven’t taken possession of the gun.

Is this a normal policy?

RSN172

Re: Are all gun sales final??
« Reply #1 on: October 21, 2020, 12:30:43 PM »
At Kaneohe Gun Shop, denial of permit is the only way you can get a refund once he issues the serial nbr.
Happily living in Puna

changemyoil66

Re: Are all gun sales final??
« Reply #2 on: October 21, 2020, 01:06:18 PM »
Every shop is different.  They hold the gun for you, this will be for months.  It's taking up space and they cannot sell it to anyone else.

Some shops charge a restocking fee.

toku58

Re: Are all gun sales final??
« Reply #3 on: October 21, 2020, 01:08:22 PM »
At Kaneohe Gun Shop, denial of permit is the only way you can get a refund once he issues the serial nbr.

But still you can get your money back.
This shop said I would forfeit the payment if I can’t get the permit.
I’m fairly sure my CRedit Card company would see it that way.
But still. For them to even tell customers they have such a ridiculous policy.

I’m just wondering if that is legal?

Flapp_Jackson

Re: Are all gun sales final??
« Reply #4 on: October 21, 2020, 01:11:57 PM »
But still you can get your money back.
This shop said I would forfeit the payment if I can’t get the permit.
I’m fairly sure my CRedit Card company would see it that way.
But still. For them to even tell customers they have such a ridiculous policy.

I’m just wondering if that is legal?

Here's how I see it:

No Permit = No 4473 = No Transfer

If they can't legally transfer the gun to you, they have no choice but to issue a refund.

If they tell you to transfer it to a relative's name instead, they are breaking the law (straw purchase).

Best they can do is demand proof of permit denial.

End of story.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

toku58

Re: Are all gun sales final??
« Reply #5 on: October 21, 2020, 01:13:05 PM »
Every shop is different.  They hold the gun for you, this will be for months.  It's taking up space and they cannot sell it to anyone else.

Some shops charge a restocking fee.

Paid yesterday. My appointment to acquire is Monday. And 14 day after that I can pick up the gun.

But let’s say someone (maybe an EX GF file a complaint on you?). Durrung the investigation they will not give you a permit. Even if you’re found innocent. That would be way down the road.

You guys know we’re a Red Flag state. So anyone can make crazy claims about you, and you would be “Guilty until proven innocent”. That’s the cost of living in communist Hawai’i.

Flapp_Jackson

Re: Are all gun sales final??
« Reply #6 on: October 21, 2020, 01:18:29 PM »
Paid yesterday. My appointment to acquire is Monday. And 14 day after that I can pick up the gun.

But let’s say someone (maybe an EX GF file a complaint on you?). Durrung the investigation they will not give you a permit. Even if you’re found innocent. That would be way down the road.

You guys know we’re a Red Flag state. So anyone can make crazy claims about you, and you would be “Guilty until proven innocent”. That’s the cost of living in communist Hawai’i.

The situation is irrelevant.  "Have Permit?" is a binary event.  You are approved, or you are denied.  I highly doubt the application will be put on indefinite hold.  They will deny it now and make you reapply later.  If they actually tell you in writing the permit will be held, that's against the law.  Look it up.  They have 21 days to issue a permit and for you to use it before it's invalid.  There is no "unless something delays it".  You can ask them to issue a denial after 21 days. Chances are, they already shredded the application after 21 days.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

dv808

Re: Are all gun sales final??
« Reply #7 on: October 21, 2020, 01:40:15 PM »
I once heard from a shop that they wouldn't refund but they could sell the gun for you on consignment.  I forgot which one told me that.

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toku58

Re: Are all gun sales final??
« Reply #8 on: October 21, 2020, 01:54:13 PM »
I once heard from a shop that they wouldn't refund but they could sell the gun for you on consignment.  I forgot which one told me that.

Sent from my J8270 using Tapatalk
So basically they are going to charge you 20%.  Those are the shops that I hate to do business with!
This was a case of my appointment is coming up and I really had no other options to get a specific gun.
I doubt I’ll have any issues, but it left a bad taste in my mouth to think I’m supporting a shop like that.

This BS about fighting for gun permit appointments made it so I purchased guns that I really didn’t intend to buy.  But since I already waited 3 mo. I’m picking up the other guns that were on my list.


Flapp_Jackson

Re: Are all gun sales final??
« Reply #9 on: October 21, 2020, 01:57:04 PM »
I once heard from a shop that they wouldn't refund but they could sell the gun for you on consignment.  I forgot which one told me that.

Sent from my J8270 using Tapatalk

If the gun was never transferred to your name, the FFL still technically owns it and can sell if for you without your permission.  Since you can't legally acquire it, I would sue. The contract with the LGS includes an expectation on your part that you can pick it up after a permit is issued.  If that falls through, the contingency based on a permit should void the contract.  That is, unless you signed a statement saying denial of a permit doesn't release you from the contract.

It costs $35 for anyone to file a lawsuit.  If it'll get you the hundreds you're out from the seller, it's worth it.  Just having the LGS served might get them to refund the money since the cost of going to court would be more than the gun costs.  If they have no employees, they lose a day of business.  If they lose, it means they can't stick the next sucker -- and could be hit with punitive damages.

Not everyone knows going into the permit application process if they'll be denied.  If the LGS says no refunds in that situation, I'd go somewhere else, AND I'd let them and everyone I can reach know why.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

dv808

Re: Are all gun sales final??
« Reply #10 on: October 21, 2020, 02:15:31 PM »
If the gun was never transferred to your name, the FFL still technically owns it and can sell if for you without your permission.  Since you can't legally acquire it, I would sue. The contract with the LGS includes an expectation on your part that you can pick it up after a permit is issued.  If that falls through, the contingency based on a permit should void the contract.  That is, unless you signed a statement saying denial of a permit doesn't release you from the contract.

It costs $35 for anyone to file a lawsuit.  If it'll get you the hundreds you're out from the seller, it's worth it.  Just having the LGS served might get them to refund the money since the cost of going to court would be more than the gun costs.  If they have no employees, they lose a day of business.  If they lose, it means they can't stick the next sucker -- and could be hit with punitive damages.

Not everyone knows going into the permit application process if they'll be denied.  If the LGS says no refunds in that situation, I'd go somewhere else, AND I'd let them and everyone I can reach know why.
So basically they are going to charge you 20%.  Those are the shops that I hate to do business with!
This was a case of my appointment is coming up and I really had no other options to get a specific gun.
I doubt I’ll have any issues, but it left a bad taste in my mouth to think I’m supporting a shop like that.

This BS about fighting for gun permit appointments made it so I purchased guns that I really didn’t intend to buy.  But since I already waited 3 mo. I’m picking up the other guns that were on my list.
This was pre-covid and I got my permit-to-acquire just fine.  It would've sucked to have to deal with that after failing to get the permit.  I was too excited at the time to go find another shop to buy my first handgun.

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Flapp_Jackson

Re: Are all gun sales final??
« Reply #11 on: October 21, 2020, 02:38:16 PM »
This was pre-covid and I got my permit-to-acquire just fine.  It would've sucked to have to deal with that after failing to get the permit.  I was too excited at the time to go find another shop to buy my first handgun.

That's called an "impulse buy."  Car dealers make millions selling to impulse buyers. :geekdanc:

There are many who make LGS purchases only to find the same thing online for substantially less after committing. 

All I can say is, consider the additional cost the "price of tuition."  You should be smarter, if not wiser, after being schooled.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

6716J

Re: Are all gun sales final??
« Reply #12 on: October 21, 2020, 02:42:27 PM »
Every shop is different.  They hold the gun for you, this will be for months.  It's taking up space and they cannot sell it to anyone else.

Some shops charge a restocking fee.

Unless you go to ***DELETED***. They have a secret backdoor into the system to get you appointments ASAP. At least that's what I'm old...first hand
I'd rather have a bottle in front of me, than a frontal lobotomy.

drck1000

Re: Are all gun sales final??
« Reply #13 on: October 21, 2020, 02:45:27 PM »
So basically they are going to charge you 20%.  Those are the shops that I hate to do business with!
This was a case of my appointment is coming up and I really had no other options to get a specific gun.
I doubt I’ll have any issues, but it left a bad taste in my mouth to think I’m supporting a shop like that.

This BS about fighting for gun permit appointments made it so I purchased guns that I really didn’t intend to buy.  But since I already waited 3 mo. I’m picking up the other guns that were on my list.
There you go!  Love that logic!  That got me to buy more stuff to "maximize" my time and effort.

What did ya get?  (if you don't mind sharing)

I haven't bought a gun in a while, so living vicariously through y'all.   ;D

dv808

Re: Are all gun sales final??
« Reply #14 on: October 21, 2020, 05:06:31 PM »
That's called an "impulse buy."  Car dealers make millions selling to impulse buyers. :geekdanc:

There are many who make LGS purchases only to find the same thing online for substantially less after committing. 

All I can say is, consider the additional cost the "price of tuition."  You should be smarter, if not wiser, after being schooled.
It wasn't an impulse buy as I still have it after others have come and gone.  I don't do impulse buys as I try to research a lot before purchases.  I still can't get myself to follow the buy-once-cry-once philosophy though.

I had credit at that shop and they told me about their policy before I purchased.  Come to think of it, it wasn't really consignment but they wouldn't refund my purchase until someone else bought it.  So no 20% but they aren't around anymore so it doesn't matter.

I try to buy locally if possible but most of my non-local purchases are because some items aren't available.  I've bought new and used firearms in stock locally, ordered new through local shops, and bought items online through sites like gunbroker and sent to an FFL.  Majority of my stuff was made before the '70's.

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Flapp_Jackson

Re: Are all gun sales final??
« Reply #15 on: October 21, 2020, 05:19:18 PM »
It wasn't an impulse buy as I still have it after others have come and gone.  I don't do impulse buys as I try to research a lot before purchases.  I still can't get myself to follow the buy-once-cry-once philosophy though.

I had credit at that shop and they told me about their policy before I purchased.  Come to think of it, it wasn't really consignment but they wouldn't refund my purchase until someone else bought it.  So no 20% but they aren't around anymore so it doesn't matter.

I try to buy locally if possible but most of my non-local purchases are because some items aren't available.  I've bought new and used firearms in stock locally, ordered new through local shops, and bought items online through sites like gunbroker and sent to an FFL.  Majority of my stuff was made before the '70's.

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That's good to know.

Personally, if I'm planning to buy a handgun, I'd renew my long gun permit first.  If there are no issues with that, the handgun permit should sail right through.

Of course, if I'm ever denied, it'll be a total shock to me.  I lead such a mundane life, the Cops probably get suspicious of me anyway thinking, "Nobody can be THIS boring!  He must be hiding SOMETHING!"  :geekdanc:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw