Expert: Robert P. Firriolo - 3/19/2009

Question
I bought a rifle on a popular online sight. I followed the instructions as were described. This was not the first time I had done this. However it had been a very long time. Well to get to the point I sent the seller payment copy of drivers license and a copy of the FFL I wanted it shipped to everything went as planed. When I want to pick up the gun I was declined. I then called the number I was given from the FFL to find out why and they could not tell me on the phone. They gave me an address to send a letter of appeal. Two days later I was pulling into my driveway and a state trooper followed and stopped me put me in cuffs and asked if I had tried to purchase a gun. I found out I have an 14yr old warrant in another state which is non extradition so I was let go. Now the question is What can I do about the gun. it is still at the dealer but I cant get it and nobody I send to get it can ether as it would be a straw purchase. How can I get my money back and have I done anything wrong in the attempt. as the gen is paid for but can not be transferred. Is there a way I can sell it or something to at least get my money back. The FFL who has it is not being very helpful.  What should I do.  Take care of the warrant I know and I am trying to do that.   Any help on this problem.

Answer
Your questions are confusing and really go beyond the scope of this forum topic, which is the Second Amendment and Right to Keep and Bear Arms, but I will try to offer some guidance. First, as you correctly note, resolve the warrant issue, and consider using a good criminal defense lawyer to do so. If the warrant was the only problem that showed up on the check, and you can get that cleared, you should be able to proceed with the transaction. You may have to contact FBI NICS with proof of the warrant being cleared before you will pass the NICS check. But since a cloud on your record will stop you from buying a gun through a dealer for the rest of your life, it would be a good idea clear your NICS record now.

If you cannot transfer the gun to yourself, then one option is to continue trying to work out a return with the seller, including using any dispute resolution mechanism provided by the website. Advising you on how to do that is way beyond the scope of this forum. That's a consumer affairs issue, not a gun issue. If you really want the gun, you would probably be best off working with your FFL to store the gun until you can pass the NICS check.

As another option, there is probably also nothing that would prohibit your FFL from keeping your gun on consignment and selling it for you since you would never be taking possession. It would never be transferred to you, but the FFL can give you the proceeds from the sale when it is transferred to a proper buyer. But you would have to work that out with him or her.