Elmo Posted November 30, 2011 Share Posted November 30, 2011 Last week, my bro, Pete was at Dicks Sporting Goods in White Plains asking about the Ruger Gunsite Scout. While there, he also asked about the Henry Octagon Frontier for me. Result, they did not have the Gunsite but they had the Henry at another shop and can have it shipped over so Pete called me while I was at work and asked if I wanted them to send it and I did. Earlier today, I got a call from Dicks telling me that my rifle was in so, excited, I drove up there after work to pick it up. I got started on the paper work right away. The staff there wasn't exactly sure how to complete the forms so I actually had to show them how. Next, I wanted to buy some ammo with the rifle but they told me that they are not suppose to sell pistol ammo with the client showing a proper pistol license. The second staff said they he would sell it to me since I'm clearing buying it for a rifle but he's not 100% sure. A third staff (who appearred to be a senior staff eventhough she was younger than the other two by far) came and said that it might not be such a good idea. The three of them kept on discussing and that's when I said, you know what?-I can just buy the ammo some where else. They did the background check and everything check out fine. This is not assumed. The staff member was on the phone right in front of me giving my info to someone over the phone and then hung up and told me I am all clear. So as I went to pay, they told me it has already been paid for. What? I checked the paperwork and there it was...my brother basically bought me the rifle as a surprise gift. While walking out of the store, I asked for an official copy of the receipt because they won't accept photocopies when I have to register the rifle. The third staff overheard this and said I can't walk out of the store with that rifle. I asked why was this the case? They said while it is clear that I was not intentionally doing so, on paper, it looks as if he is buying the rifle and then illegally giving it to me or vise versus. I'm illegally picking up the gun for him. I told them that both he and I both have licenses to own firearms and the gun is being registered to me legally. I've been checked and cleared. She (my girlfriend called her "the fat heffer") said that the policy is that it has to be the same person from start to finish. That the fact that the payment came from my brother but the gun is being registered to me is what is causing this whole issue. I then said what if my brother came in and "returned" the gun for a refund and I went and "bought" it right afterwards. She said I can't do that because both he and I are now banned from purchasing firearms from ANY Dicks Sporting Goods store due to this incidence. The other two staff members came to my defense saying that I was trying to pay for the rifle and didn't even know it was already paid for until they told me. She said she would contact upper management and give me a call if things change but in any event, I cannot walk out of the store with the rifle today. I said fine, we'll come back to get our refund and clear our name. Honestly though...I just want to clear my name because I don't want any dark spots on me but if I can't buy another rifle at Dicks again, so be it because after this, I don't want to buy another rifle from Dicks ever again. Quote Link to comment Share on other sites More sharing options...
Marti375 Posted November 30, 2011 Share Posted November 30, 2011 (edited) Back in the early 1990's I attempted to purchase pistol ammo from Dick's. The employee of Dicks asked to see my permit and I asked why. I was told they needed to make sure I was a legal handgun owner of that caliber. I told them I had a permit and they didn't need to see it. I walked out and have never returned. That crap they pull just isn't right. As you know there a rifles out that fire most kinds of pistol ammo. I'll pay a little extra at a gun shop just so I won't have to deal with that crap. Dicks lost a good customer. Edited November 30, 2011 by Marti375 Quote Link to comment Share on other sites More sharing options...
fasteddie Posted November 30, 2011 Share Posted November 30, 2011 Sounds like you got "dicked" ! Sometimes the stores get wrapped up in technicalities and are unsure what to do . 1 Quote Link to comment Share on other sites More sharing options...
Deerthug Posted November 30, 2011 Share Posted November 30, 2011 That really sucks. I'm a frequent visitor at dicks in Garden City but I would never buy a firearm there. The last one I did get was my 12 gauge without any problem. However the way they handled it with you was messed up. Make you go through all the paperwork and then tell you sorry you cant have it But since your brother bought it and paid for it you cannot take custody of it. It appears as if he was the straw buyer for you. This is true even though you did all the paper work. I hope you don't have a problem getting a refund. Im sure you know you cannot return a firearm or ammunition once you buy it. They may offer to buy it back from your brother but at a discount. Quote Link to comment Share on other sites More sharing options...
First-light Posted November 30, 2011 Share Posted November 30, 2011 That sucks for you, completely ruined a nice thing your brother did. This summer I was looking for a food plot seed. Asked the guy in the hunting section and he looked at me leaned over and said in a low voice it's illegal and frowned upon in NYS. We don't sell it. I was like WTF and walked out. These people are a bit misinformed. Quote Link to comment Share on other sites More sharing options...
WNYBuckHunter Posted November 30, 2011 Share Posted November 30, 2011 Sorry, but its the law that it has to be the same person from start to finish. Its the "straw buyer" thing. The staff was just following what they are allowed to do. Your brother should have just bought it and given it to you or gone with you, yeah it was a nice idea, but you cant do it the way he tried to. You can buy someone a gun as a gift, but both people have to be there. Thats what I have been told by multiple gun shops. BTW, Marti375, the store is supposed to see your pistol permit before they will even take the handgun out of the case. I show mine everytime I even look at a handgun at any store. I also know that I have had to show my permit when I buy ammo for my 40. Quote Link to comment Share on other sites More sharing options...
5.9cummins Posted November 30, 2011 Share Posted November 30, 2011 Sorry, but its the law that it has to be the same person from start to finish. Its the "straw buyer" thing. The staff was just following what they are allowed to do. Your brother should have just bought it and given it to you or gone with you, yeah it was a nice idea, but you cant do it the way he tried to. You can buy someone a gun as a gift, but both people have to be there. Thats what I have been told by multiple gun shops. BTW, Marti375, the store is supposed to see your pistol permit before they will even take the handgun out of the case. I show mine everytime I even look at a handgun at any store. I also know that I have had to show my permit when I buy ammo for my 40. Thats the way i have always understood it. Quote Link to comment Share on other sites More sharing options...
cbx46 Posted November 30, 2011 Share Posted November 30, 2011 If its the law then his brother should have been told at the get go. Dicks was more then happy to accept his money. And if you ask me then Dicks was in the wrong almost allowing someone else to leave the store with another persons rifle that was sent from a different location. Quote Link to comment Share on other sites More sharing options...
ny hunter Posted November 30, 2011 Share Posted November 30, 2011 Elmo the clerk should have caught this from the beginning when the name was not the same as the buyer.As far as getting ammo you may run into that problem a lot.Try buying ammo on line or the big stores like Gander mtn.I was at that location when it opened and wanted to stock up 223.ammo,and the clerk wanted to see my handgun permit.I got a bit mad and called the manager,and asked why I have to show a handgun permit for a rifle round and she had no answer.I got the ammo at a better price after that.I know some of these rules suck,but just go back with your brother and get the gun and enjoy it. Quote Link to comment Share on other sites More sharing options...
ryanrobb52 Posted November 30, 2011 Share Posted November 30, 2011 ugh...how frustrating for you. Sometimes those big box stores are more of a pain than anything. Quote Link to comment Share on other sites More sharing options...
SteveNY Posted November 30, 2011 Share Posted November 30, 2011 Elmo, sorry to hear you got jammed up. This is similar to the reason that I do not shop in Gander Mountain any more. They wouldn't sell me a rifle one day, for NO reason. I couldn't believe it, they wouldn't even run the FBI check, even tho he had me fill it all out. "A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves" I do not think this term applies, either of them could have bought the rifle with out a problem. I would like to know the reason he wasn't allowed to walk out the door with it. It is NY state law? or store policy? If it was a basketball, would he have been able to leave with it? AND A PUMP FOR IT?!??!!?!? That sucks for you, completely ruined a nice thing your brother did. This summer I was looking for a food plot seed. Asked the guy in the hunting section and he looked at me leaned over and said in a low voice it's illegal and frowned upon in NYS. We don't sell it. I was like WTF and walked out. These people are a bit misinformed. hahahahha Quote Link to comment Share on other sites More sharing options...
WNYBuckHunter Posted November 30, 2011 Share Posted November 30, 2011 If its the law then his brother should have been told at the get go. Dicks was more then happy to accept his money. And if you ask me then Dicks was in the wrong almost allowing someone else to leave the store with another persons rifle that was sent from a different location. Yes, whomever took the brother's payment in the first place should have explained it to him. They didnt allow anyone to remove the gun from the store from the sounds of it. Quote Link to comment Share on other sites More sharing options...
WNYBuckHunter Posted November 30, 2011 Share Posted November 30, 2011 SteveNY, its a federal thing. There is a certain process for buying any firearm as a gift, and the way elmo's brother tried doing it is not the correct way. Both parties have to be present at the time of purchase, or you just buy a gun and give it to the other person after you have left the store. Long guns do not need to be registered, so there are no issues with that. BTW, any gun dealer can refuse to sell you a gun at any time for any reason they want. I had an issue one time when I bought a gun and hadnt updated my address on my drivers license. I had to get that done before they would sell me the gun. It is what it is. Quote Link to comment Share on other sites More sharing options...
SteveNY Posted November 30, 2011 Share Posted November 30, 2011 (edited) SteveNY, its a federal thing. There is a certain process for buying any firearm as a gift, and the way elmo's brother tried doing it is not the correct way. Both parties have to be present at the time of purchase, or you just buy a gun and give it to the other person after you have left the store. Long guns do not need to be registered, so there are no issues with that. BTW, any gun dealer can refuse to sell you a gun at any time for any reason they want. I had an issue one time when I bought a gun and hadnt updated my address on my drivers license. I had to get that done before they would sell me the gun. It is what it is. I had the address thing tried to be pulled on me one time as well... Also at gander mountain, now that I think of it. I had the new address printed on the back of the license and the DMV was notified of the change. Legally that is all I have to do, if I wanted the new address on the card, I would have to pay extra for that.As a matter of fact, anytime I ever entered that store to buy a gun, I never walked out with one. Even looking at the guns is a hassle, they aren't trying to sell you anything, it's more like they are trying to talk people out of buying guns from them. The store makes me sick, literally sick to my stomach to think about. I am now disgusted and don't want to eat my breakfast. Edited November 30, 2011 by SteveNY Quote Link to comment Share on other sites More sharing options...
Elmo Posted November 30, 2011 Author Share Posted November 30, 2011 Thanks for the info on the straw purchase. Either way, as others have already stated. If I can't be the person to pick up the firearms, they shouldn't have took the money from my brother in the first place. My brother left specific notes that I would be the person picking up the rifle. It was I who got the call from Dicks being informed that my rifle had arrived. If that's the case then we were baited. The biggest issue here is that not a single person in the store knew what they were doing. They essentially left normal sales clerk that you would find at Sears or Target to handle firearm sales. Quote Link to comment Share on other sites More sharing options...
WNYBuckHunter Posted November 30, 2011 Share Posted November 30, 2011 I can understand your frustration. Your best bet is to go to the store with your brother and speak to the manager. Worst case is he gets his money back and you buy the rifle elsewhere. Best case is, the manager clears the sale and you leave with the gun. Until you talk to the actual store manager, dont take what that employee said as gospel. Also consider that their store policy can be more stringent than the actual law. Quote Link to comment Share on other sites More sharing options...
SteveNY Posted November 30, 2011 Share Posted November 30, 2011 Best case is, the manager clears the sale and you leave with the gun. And ammo! Quote Link to comment Share on other sites More sharing options...
Elmo Posted November 30, 2011 Author Share Posted November 30, 2011 (edited) BTW. I just got off the phone with the Shotgun and Rifle division of the NYPD. I asked them if I wanted to buy a rifle as a gift for someone, how would I do so. I told them that we wouldn't be going together because it was going to be a surprise gift. If it would be an issue if I paid for the rifle in advance and he would be picking it up later? They said "Yeah, I don't see why not?" Since both of us a legal permit holders, it doesnt matter who pays for the rifle so as long as the person who will receive, possess, and own the rifle is the one who registers it. It would only be illegal if after I registered the firearm under my name, I hand the rifle to someone else which is probably what Dicks felt was happening. Edited November 30, 2011 by Elmo Quote Link to comment Share on other sites More sharing options...
WNYBuckHunter Posted November 30, 2011 Share Posted November 30, 2011 Interesting. Its always fun when you get different answers from different sources, isnt it? LOL I still think you should talk to the manager. I almost forgot your from NYC with the registration nonsense for long guns. I think as a gun owner, the only thing worse than living in NY state is living in NYC. Quote Link to comment Share on other sites More sharing options...
SteveNY Posted November 30, 2011 Share Posted November 30, 2011 I think as a gun owner, the only thing worse than living in NY state is living in NYC. Amen to that... And it's 100% true. I am just glad I have a house out of the city to keep my guns. Quote Link to comment Share on other sites More sharing options...
Elmo Posted November 30, 2011 Author Share Posted November 30, 2011 I think as a gun owner, the only thing worse than living in NY state is living in NYC. This article sums it all up. http://www.nytimes.com/2011/01/30/nyregion/30critic.html With all the Bloomberg rules, store are so afraid nowadays they just figure it's not worth it to sell to civilians so they don't. Quote Link to comment Share on other sites More sharing options...
Elmo Posted November 30, 2011 Author Share Posted November 30, 2011 So I spoke with the store manager and they said that this isn't about NYPD policy but rather FBI policy (bull) and store policy (can't argue with that, they can do whatever they want) so he said what they will do is erase my involvement in the whole deal and my brother registers the rifle under his name. Once he takes it out of the store, he can do whatever he wants with it. Option 2 would to just get the refund. Quote Link to comment Share on other sites More sharing options...
ny hunter Posted November 30, 2011 Share Posted November 30, 2011 I understand the bad taste you have from all this.But just do it that way.It is a nice gun you want it,so just go back together.its only a 20min ride from the Bronx. Quote Link to comment Share on other sites More sharing options...
Marti375 Posted November 30, 2011 Share Posted November 30, 2011 Sorry, but its the law that it has to be the same person from start to finish. Its the "straw buyer" thing. The staff was just following what they are allowed to do. Your brother should have just bought it and given it to you or gone with you, yeah it was a nice idea, but you cant do it the way he tried to. You can buy someone a gun as a gift, but both people have to be there. Thats what I have been told by multiple gun shops. BTW, Marti375, the store is supposed to see your pistol permit before they will even take the handgun out of the case. I show mine everytime I even look at a handgun at any store. I also know that I have had to show my permit when I buy ammo for my 40. I was just looking to buy ammo and when you want to buy ammo thats chambered in a rifle they have no right to do that. Quote Link to comment Share on other sites More sharing options...
Marti375 Posted December 1, 2011 Share Posted December 1, 2011 I'm 42 years old and have bought and sold may guns over the years. I have had a handgun permit for over 20 years. I have to say theres nothing like walking into a gun shop where they at least know your face. If you find a nice gun shop stop in once in a while just to see whats new or buy some ammo. Your driving past the shop or just in the area stop in. I now have to stop a Dicks for business. There is a guy working in there that owned his own sport shop at one time years ago and he remembers me. So many times I have wanted to say whats up with this place, how can you work here. I just smile and say, I may need his help some day. Quote Link to comment Share on other sites More sharing options...
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