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Old March 3, 2009, 04:56 PM   #1
truth_seeker
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If I purchase a gun and get it through the FFL

Hi,

I'm new at this, and I'm not familiar how the transactions would work. But I have one question. What if you bought a gun through here or somewhere else online and you had your FFL hold it for you, but they did a background check, and you didn't pass the background check, what happens to the gun that was just bought? Does it go back to the seller and the buyer get refunded?
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Old March 3, 2009, 05:03 PM   #2
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Nope.

It belongs to you yet you cannot take possession of it.

You could sell it to the FFL who currently has it in their possession I suppose (though you'll likely lose in the transaction).

If I sell you a gun online and you can't pass a background check then that is officially your problem now isn't it?
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Old March 3, 2009, 05:25 PM   #3
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Well yeah, well at least I get some money back than losing it all at least. Thanks, I had this charge of battery(not domestic violence) from the police before, I hope that doesn't taint my record. It did cost me consideration for a job. This was like 8 years ago, I hope it still doesn't count against me.
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Old March 3, 2009, 05:33 PM   #4
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if it wasn't a felony nor domestic you should be OK. You may want to go down and have them run a check on you to be sure before you commit to buy something.
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Old March 3, 2009, 05:36 PM   #5
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Unless the job you were seeking involves holding a security clearance, then you have likely been unlawfully discriminated against. A mere charge is not a conviction. Only convictions are ever to be considered measure of guilt, criminality etc. Even convicted FELONS ex-cons cannot be discriminated against across the board, though they can be discriminated against in many many situations.

As to the background check, the questionnaires I have ever filled out are very specific and deal with convictions, pending actions, domestic violence and certain mental diagnosis. An arrest or even charge of battery is not any of the kinds of things I see on the forms.
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Old March 3, 2009, 05:48 PM   #6
Casimer
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Quote:
You may want to go down and have them run a check on you to be sure before you commit to buy something.
+1 Some states, like PA, provide the ability to pre-screen yourself online. Or the state police may be able to do so for you.
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Old March 3, 2009, 05:49 PM   #7
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Ah, yes I missed that. If you were merely charged, but not convicted (as long as charges are not still pending against you), then you should be good to go for gun purchases.
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Old March 3, 2009, 06:17 PM   #8
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Ah, thanks for clarifying guys, this brings a little hope to not being denied purchase of a gun. I hope I don't get denied, cause I did have a few misdameanors(mostly skateboarding/trespassing of some bs awhile ago), and the battery charge was when I grabbed a kid because I thought he was throwing rocks at my house(grabbed the wrong guy somewhat) by the neck and shook him a bit and took him to the manager, then his mother came by my house and told me she called the cops. Didn't get arrested, but had to show up for court and pay the alternative to community service. Also I had 6 months of counseling about some anger management, costed me even more. I don't know if that counts as a mental defective or problems to be denied purchase of a gun.

Anyway, thanks guys, hope the background goes smoothly and not so sluggishly, I'll hate the current government more.
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Old March 3, 2009, 06:19 PM   #9
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Didn't get arrested, but had to show up for court and pay the alternative to community service. Also I had 6 months of counseling about some anger management, costed me even more. I don't know if that counts as a mental defective or problems to be denied purchase of a gun.
In that case you were convicted of something. Maybe a lesser charge plea? Can't just give you community service and anger management counseling without conviction of an offense.

I'd go to the PD and have them run a background check. If it comes back with felony battery then you are SOL I'm afraid. If it comes back with a list of misdemeanors (as long as they aren't domestic) then you should be good to go.
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Old March 3, 2009, 06:47 PM   #10
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Man, this sucks, looks like I will be SOL if I have to do a background check before I can get the gun. All that just for a stupid battery ugh. I just got a pm from someone who told me the same thing too. Well I guess I got to go check with the police. This is probably why I didn't get hired. Jeez, gotta go through court or hire an attorney just to get this undisclosed probably.
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Old March 3, 2009, 08:44 PM   #11
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I believe the FFL holder is the current owner, and they would transfer it to you. So if you fail a background check, they retain ownership. Perhaps they'll buy it from you.
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Old March 4, 2009, 07:26 AM   #12
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Another suggestion, and I am not sure of the legalities. But if you could find another buyer, and have the FFL holder manage the transaction for you, you might be able to get your money back, or not lose out so much on the deal. As I said before, I am not sure of the legalities.

Paul
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Old March 4, 2009, 10:03 AM   #13
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The seller probably won't take the gun back, and the FFL will SCREW YOU on the price. So if you have any doubts, best you do a background check on yourself BEFORE you make the purchase.
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Old March 4, 2009, 10:21 AM   #14
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I'd go down to a pawn shop with an FFL and buy a cheaper used handgun first, that way you only have to pay for the Background check if your rejected, and you can sell the gun later when you have another gun shipped to an FFL, and you know your OK. That could save you a lot of time, hassle, and money in the long run.

Or, go into a gun shop and ask them.

.02

PS, I hope you don't have pay back child support either. If so, don't bother, you could get arrested.
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Old March 4, 2009, 02:56 PM   #15
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Hm, I will probably sell it to the FFL if my background check doesn't go through. Or will the FFL know the price of the gun beforehand? Oh well, I'll probably it get for cheaper, or find pawn shop to sell it to if I can somehow get them to come down to the FFL and look at it. Or if they will buy it without looking at it.

Anyway, I'm not sure how that works Elvishead. Are you saying I should bring any FFL with me to a pawn shop gun dealer and show him proof of passing the background check there cause the guns are cheaper and that I don't have to pay some kind of background check fee whenever the same FFL holds a gun for me that I purchased from online? Is that just to make sure I don't lose so much money?
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Old March 4, 2009, 05:00 PM   #16
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If you can't pass the background check you are hosed, end of story.

You'll be forced to sell to the FFL who is holding it more than likely and probably at a loss. You might convince him to hold it while you find a buyer, maybe not though.

Any pawn shop that sells or buys firearms must have an FFL. They are required to run their OWN background check on any customer wanting to buy a gun.

Also I don't know of any gun dealers who'll run on down to a pawn shop to help you buy a gun somewhere else
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Old March 6, 2009, 02:52 PM   #17
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I'm saying try to buy a cheaper used gun from a FFL/Dealer/Pawnshop. That way they will do a background check right on the spot, if it goes through, now you know you can buy a gun online and have it transferred without worry.

Worse case scenario, your out of what ever the back ground check would cost, period.

Best case scenario, you have a cheap gun and you know your fire arm approved. And you can always resell the cheap gun later on.

If you paid shipping, gun price, and back ground check, you'd be out a lot of money no matter how you look at it.
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