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  1. #1
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    Default Advice Needed. Firearm sale

    Short and sweet. Sold my firearm over a year ago. Buyer agreed to dealer stock at a friend's dealership. Sale proceeded at the dealership with documentation. A year plus later firearm was NOT dealerstocked. Offered to buy it back, financially was not feasible declined. Buyer advised he had someone else willing to purchase. Telephonicall acknowledged firearm was off my name and sold. (All documentation and voice recording of conversation available) Went to double check at the cops yesterday firearm is still in my name.

    How do I proceed ?

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  2. #2
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    Mar 2012
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    Default Re: Advice Needed. Firearm sale

    Get SAPS involved.

    If anything happens with that firearm, you will be held liable because the firearm is still on your name and therefore you are the owner as per the SAPS system.

    You need to cover yourself. Speak to your dfo and see what options are available to you.

    If you have money, then lawyer up.

  3. #3
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    Default Re: Advice Needed. Firearm sale

    Ah ... fun times. Ok off to SAPS it is then.

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  4. #4
    Banned
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    Stella
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    Default Re: Advice Needed. Firearm sale

    Strictly spoken, if it is still on your name you can simply pick it up, take it home and start over. However, we live in SA and SAPS gears turn slowly. Therefore I ask that you give the dealer and the new buyer the benefit of the doubt.

    First check again that the firearm is on/off your name. My reason for this is that the dealer might have handed in the paperwork a week ago, and in two weeks it might really be off your name. The dealer might therefore be honest in saying that ii is off your name, but the SAPS might be sloppy.

    If it turns out that the dealer or the new buyer lied to you (they really did not do the paperwork), you can take it from there. If they truly did their part and it has simply not been processed yet, you have nothing to worry about.

  5. #5
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    Default Re: Advice Needed. Firearm sale

    Quote Originally Posted by Ds J View Post
    Strictly spoken, if it is still on your name you can simply pick it up, take it home and start over. However, we live in SA and SAPS gears turn slowly. Therefore I ask that you give the dealer and the new buyer the benefit of the doubt.

    First check again that the firearm is on/off your name. My reason for this is that the dealer might have handed in the paperwork a week ago, and in two weeks it might really be off your name. The dealer might therefore be honest in saying that ii is off your name, but the SAPS might be sloppy.

    If it turns out that the dealer or the new buyer lied to you (they really did not do the paperwork), you can take it from there. If they truly did their part and it has simply not been processed yet, you have nothing to worry about.
    Thanks man ... I sent him a rather firm toned text stating it must either be off my name or I will fetch it and refund him before year end. Failure to comply with either will result in me getting saps involved.

    I wait for his response now. Personally I just don't want the stress would rather fetch it and be done with this headache of a sale.


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  6. #6

    Default Re: Advice Needed. Firearm sale

    If the firearm is still on your name. Fetch it.

    Otherwise if the firearm is said to be off your name. Ask that dealer to forward you the SAPS 534 which they use to transfer to their name.
    You would have needed to sign this 534 when handing it to the dealer. As only way to transfer to their stock.

    These days most dealers use Electronic system from SAPS. So inter dealer transfers takes minutes. Even the 534 can be submitted on this system. The local DFO still takes the 534.

    If the firearm is on your name. And the dealer you sent it to. Somehow just handed it over to another person/buyer. Without checking their license. This will be a Huge problem. As that firearm is still on your name so you are liable for it. As well as dealer will need to explain how they handed a firearm to the non legal owner without license.

    Good Luck with SAPS. As they are completely on leave now. Especially the Admin sections which includes the DFO's.

  7. #7
    Moderator Skaaphaas's Avatar
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    Default Re: Advice Needed. Firearm sale

    While I doubt the buyer would go that route, the “fetch it” advice has potential to get you a spoliation suit and the costs that go with it.

  8. #8
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    Default Re: Advice Needed. Firearm sale

    Have you got a copy of the documents from the dealership?

  9. #9
    User
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    Jun 2009
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    Bloemfontein/Molo Kenya
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    Default Re: Advice Needed. Firearm sale

    Quote Originally Posted by Skaaphaas View Post
    While I doubt the buyer would go that route, the “fetch it” advice has potential to get you a spoliation suit and the costs that go with it.
    Not to mention the crap you will be in if the firearm is removed from your name shortly after you picked it up.


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  10. #10
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    Default Re: Advice Needed. Firearm sale

    Stupid question but have you got confirmation that the FA is still at the shop you sent it to?


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