Another FFL Transfer Question

[Guest Phantom6]

Hey shop owners and any others that may have knowledge on the subject, let me ask you a question please. If someone special orders and pays for a gun from say, Remington's custom shop and then is forced by an apparent innate inability to lie through his teeth to answer affirmatively to one (or two or three) of the questions on the 4473 like say 11-G.,H. and/or I., then obviously the FFL can not transfer the firearm. Barring an attempted straw purchase, what happens to the gun? Does the FFL get to keep it? Does that new customized Remington 700 become the "shop gun", does it enter a state of suspended animation and simply exist in Gun Limbo for all time or what? There's a case like that may be getting ready to happen around here. A guy took my carry permit class about a month ago and then when filling out his paperwork at the DOS office in Clinton he was told that due to his affirmative answers on the DOS form (closely resembling his answers to the afore mentioned questions on the 4473) he was denied his permit. If I had known all this prior to the class I'd have refused him entry. He calls me raising hell and tells me that he answered the questions the same way when he bought his Springfield XD9 and his DPMS Panther flat top AR just weeks before at a gun shop in west Knoxville which will remain nameless (not Guns 'n More, Gander Mtn. or Dicks) for $3500 (yup, they saw him coming) and they gave him the guns so he doesn't understand why he can't get a permit. So back to my original question, what happens to the custom rifle from the mfgr? It's been paid for and shipped to the FFL.

[saintsfanbrian]

Not being a dealer myself, but has the manufacturer already been paid for the gun? Will they allow you to return it? What is the gun stores written posted policy on returns? Is this person a friend? Will the gun store be able to sell the gun to some one else?

These, I would think, are all things that have to be taken in to consideration.

[molonlabetn]

That would depend on who paid for the gun... for example, if the receiving shop ordered the gun, it will remain in their inventory to do with as they please... but if the buyer ordered and paid for the gun through a third party (gunbroker, etc...), the gun would be returned, and the buyer refunded (minus any fees, I imagine).

[Guest Phantom6]

Not being a dealer myself, but has the manufacturer already been paid for the gun? Will they allow you to return it? What is the gun stores written posted policy on returns? Is this person a friend? Will the gun store be able to sell the gun to some one else?

These, I would think, are all things that have to be taken in to consideration.

The buyer is ordering the gun directly from the mfgr. The mfgr is shipping it to the local shop. After the buyer's check clears of course.

[fury2neon]

Say if you are returning a gun purchased on Gun Broker who pays the return shipping? The buyer, The seller, The FFL dealer (I very seriously doubt this last one but anything is possible)

I would think the seller, if the items was not as advertised, non functional, etc...

The Buyer if the buyer can't pass the 4473.

I can't think of a legitimate reason for the FFL deal to pay the shipping but I am not saying it can't happen.