3 day inspection/transfer

[Mark Kircher]

I had a conversation yesterday with another Gun enthusiast who is a good friend. – We found we had different interpretations of the “3 day inspection” – we agreed is a subjective term and perhaps there is not an exact/correct definition, but our interpretations of when the deal consummates were a ways apart. I am curious how others on this board interpret the “3 day inspection” gun exchange. Below are the points I believe are correct for a typical gun deal between parties who are not friends or even acquaintances. – needless to say deals between friends are different story.

- Buyer forwards funds to seller.
- Upon receipt/clearance seller ships gun to FFL holder/dealer (FFL for short).
- Upon receipt of gun at FFL, buyer has 3 days to get to FFL and inspect gun.
- Gun may be rejected for any reason within the 3 days - buyer does not need explain why rejecting.
- If 3 days pass without any inspection or contact from buyer or FFL indicating gun is on the way back or more time is being requested, seller considers gun sold and buyer is new owner.
- If accepted, buyer goes through transfer paperwork and pays FFL for service. My interpretation is - At this moment deal is complete and inspection period has ended. Similar to a handshake – “we have a deal - the end”.

My friend believes At this moment buyer can then take gun home and clean/shoot/whatever and still has the remaining time on the clock to change his mind and decide he does not want gun after all. He can then go back to FFL and demand deal be unwound. I disagree.
Thoughts .....

[Reggie B]

Mark I like your points but most people I have dealt with will not agree with your last statement. Most want to take the gun home, think, pray, talk, then decide. Personally I don't think shooting should be allowed in the inspection period because of possible damage that could be done shooting improper loads.

[kurt varga]

To me when the 4473 is signed you own the gun, you make the choice to keep or send back at the ffl not after you walk out.

[Bob Jurewicz]

Here is GI's definition of 3 day inspection:
"Return Policy Guidelines of GunsInternational.com Unless the buyer and seller agree to modify, as may be the case in a new gun, layaway and for used guns it must be clearly marked in the listing as No Return, the return policy is three (3) calendar days from the day the item(s) are received by the buyer or delivered to the FFL acting for the buyer. The item may be returned for any reason, but the buyer must notify the seller within the three (3) calendar day inspection period. The buyer must start the return within the next four (4) calendar days to receive a complete refund, less all shipping, transaction fees and FFL charges. In other words shipping must start within one week of receipt of the item(s). The return shipping must be of equal shipping level, including insurance i.e.... Priority, Express, Blue Label etc. The return item MUST be in the same condition as when shipped to the buyer. This is an inspection period only, a gun is not to be fired or disassembled. Sellers written permission is required to allow the buyer to take down a takedown model during the inspection period. Upon the receipt and inspection of the returned gun, the seller agrees to issue a prompt refund. Recommendation: Confirm purchase with all details via the Contact Seller form within the listing and print out the listing for your records. Industry standard is that if a buyer fails to preform on a layaway that any monies deposited are forfeited. GunsInternational.com recommends all layaways are agreed in writing. Any modification of the 3 day return policy must be in writing by both buyer and seller."
Bob Jurewicz

[Mike Franzen]

I never really gave it much thought. I guess I just assumed you had 3 days to take it home and look it over but the FFL transfer puts a different perspective on it. Like Kurt said when the paperwork is signed you own the gun. If, afterwards you reject it then there’s going to have to be another FFL transfer. Fortunately I haven’t had a gun come to me that I needed to reject. However, that’s not true either. I have bought a couple guns at auction that I would never had accepted if the 3 day rule were in effect.

[B. Dudley]

Another reason to clarify what an inspection period means between the buyer and seller up front if there is any question. Because every seller could also interpret it differently or allow more than others would. There have been many examples over the years of underhanded and mirky return policies from some sellers.

I personally would interpret it like Mark does. Once it is delivered to the FFL, the buyer has 3 days. But… this can get blurry because what about time of delivery, late in the day. Is that day ONE or the next. And what about open hours of the ffl? If they are closed for 2 days after receipt, then the buyer cannot even look at it until the 3rd day. A whole host of situations can muddy it up. And then if the gun is rejected, how quickly does the ffl have to send the gun back to the seller??? These are all points that a seller can be more flexible on or not flexible. The degree of which depends on their own past experiences and also their desire to be “rid” of the gun and to close the deal.


I have never personally had a gun that I sold returned to me, that I can remember at least, I try to make sure that my description and photos of the gun leaves no possibility of that happening. But, IF that were to happen, I would personally like to think that the 3 day inspection period could likely turn into 4 or 5 days just given logistics. And communication with the FFL would be part of it to ensure that no NICS check or transfer was actually done. And I would stipulate that I must receive the gun back in my hands within a reasonable time (I would say a week), from the time that I am told that the gun is being rejected. This would of course have to allow for the FFL to pack it back up
and get it shipped as well as transit time.

And yes, a NICS check being done, to most people, would mean that you are taking ownership and accepting the gun.

[stumpstalker]

Mark:

Common sense in any transaction should mean that the phrase ‘If accepted”, as used in your sixth listed point, is dispositive. Done deal. Irreversible, provided no force or fraud, except by way of separate buy/sell contract negotiation, should the seller be so inclined to want to entertain it.

[6pt-Sika]

I sell on GB a lot and usually give a 3 day NO FIRE return policy . That means you have three days from the time your dealer receives it to go look at it . That means look it over at your dealers . If you do the paperwork and take it home , or shoot it at the dealers before doing the paperwork you bought it no return . I realize this sounds a bit extreme but you have no idea some of the scheming SOB’s that prowl GB .

[Bob Jurewicz]

I believe I have to disagree with many here that the 3 day inspection terminates upon 4473 approval and transfer. How many here go to pick up their new treasure equipped with: chamber guage, bore micrometer and wall thickness guage? I don't! I do a visual inspection. If all appears fine I complete the transfer process. When I get home with the gun I perform all of the usual evaluations requiring special efquipment. If I find a major fault I fully expect the seller to honor return privilage if I am within the 3 day period and due so notify.
Bob Jurewicz

[WHO]

I completely agree with Bob!