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  • zethon

    Member
    Dec 27, 2012
    31
    I purchased a Glock 36 from The Gun Center in Frederick MD earlier today and was met with a new form that I had sign in order to purchase the weapon.

    Basically the form says that if for any reason the Maryland State Police reject your application that you forfeit your money over to the store. I was wondering if anyone knows about the legality of this. The way the document was written, it sounds like it was written by a laymen and they probably did not consult a lawyer.

    Here is a copy of the form: http://i.imgur.com/HhonEYW.jpg

    Any ideas?
     

    marko

    Banned
    BANNED!!!
    Jan 28, 2009
    7,048
    I wouldn't sign that piece of crap.
    I'd walk out.
    But I am interested to know if one got
    DISAPPROVED how that works.
     

    zethon

    Member
    Dec 27, 2012
    31
    I wouldn't sign that piece of crap.
    I'd walk out.
    But I am interested to know if one got
    DISAPPROVED how that works.

    I almost did walk out.

    I love the selection the store has but a couple of the people who work there are crap. The old guy owner is a dick and the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish. As soon as I questioned the form he came over to me looking for a reason to interject.

    Kevin who works there is nice and helpful. It's a shame no other stores near Frederick have near the selection they do.
     

    QuebecoisWolf

    Ultimate Member
    May 14, 2008
    3,767
    Anne Arundel
    I'd wipe my butt with it and walk out.

    Let's say they screw up your MSP form by misspelling your name in one of the boxes or getting any one of the million little details wrong. You get disapproved. They keep your money, sell your gun to someone else, and now you're going to be wasting your time trying to get your money back.

    Long story short, it's a lawsuit waiting to happen, which is too bad for them since this doesn't look like it'll hold up in a courtroom either.

    Nope. It's toilet paper.
     

    Shutterbug

    Have camera, will travel!
    Nov 24, 2012
    272
    AACo
    IANAL, but I play one on anothermessageboard - unenforceable contract, and I'm sure the FTC and your credit card company would have words with this crack house if they refused a refund. They can't charge you a restocking fee either, since nowhere on that form does it say that.
     

    TxAggie

    Ultimate Member
    Feb 25, 2012
    4,734
    Anne Arundel County, MD
    I almost did walk out.

    I love the selection the store has but a couple of the people who work there are crap. The old guy owner is a dick and the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish. As soon as I questioned the form he came over to me looking for a reason to interject.

    Kevin who works there is nice and helpful. It's a shame no other stores near Frederick have near the selection they do.

    Probably the reason they have a good selection is no one wants to put up with BS like that.
     

    Matlack

    Scribe
    Dec 15, 2008
    8,558
    I almost did walk out.

    I love the selection the store has but a couple of the people who work there are crap. The old guy owner is a dick and the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish. As soon as I questioned the form he came over to me looking for a reason to interject.

    Kevin who works there is nice and helpful. It's a shame no other stores near Frederick have near the selection they do.

    You actually signed that?

    Well if your interested I have this nice historical bridge out in California that I need to sell. Its been great but I'm moving and I cant afford to take it with me. I can take your non refundable deposit via check made out to C. Ash, that's my first inital and last name by the way.
     
    Mar 31, 2011
    676
    Frederick, MD
    I know all the guys at the Gun Center. I dont know anything about this form, but msot all of them are great guys. They usually always have a great selection, and are helpful. I do not agree with certain things but that is neither here nor there. And as for " the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish" he is a good friend of mine who just lost EVERYTHING he owns in a house fire in Frederick County. I mean he lost one of his dogs, his entire house, two cars, 4-wheelers, and his entire gun collection. So he may be less than pleasant lately.
     

    zethon

    Member
    Dec 27, 2012
    31
    And as for " the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish" he is a good friend of mine who just lost EVERYTHING he owns in a house fire in Frederick County. I mean he lost one of his dogs, his entire house, two cars, 4-wheelers, and his entire gun collection. So he may be less than pleasant lately.

    He has been the same way for the couple years I've been shopping there. His loss is unfortunate but that doesn't make him any less of a dick.
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,701
    PA
    No way I would have signed it, 20% or some sort of "restocking fee" perhaps, but that is stupid, I have walked out over such asanine "policies" before, they usually hold little if any legal weight, but you still have to battle with them to get your money back if they pull shenannigans, and that would suck. As a customer you have the right to refuse any policy, and they have the right to refuse the sale, don't let them bully you into signing some scam the owner and his high school law degree dreamed up.
     

    Lagmeister1950

    Shooter since '61
    Feb 1, 2013
    122
    I purchased a Glock 36 from The Gun Center in Frederick MD earlier today and was met with a new form that I had sign in order to purchase the weapon.

    Basically the form says that if for any reason the Maryland State Police reject your application that you forfeit your money over to the store. I was wondering if anyone knows about the legality of this. The way the document was written, it sounds like it was written by a laymen and they probably did not consult a lawyer.

    Here is a copy of the form: http://i.imgur.com/HhonEYW.jpg

    Any ideas?

    The way that form reads, they will keep your property even if they screw up the process. It says, "for any reason" and they could be for any reason.

    Well, it's certainly starting. Some gun shops are trying to maximize their profits while they stay in business.

    I most certainly would not have signed anything like that. I hope you paid with a credit card. I would cancel the sale. Tell them that you had a lawyer review the form and that you had three business days to cancel. Tell them you contacted a lawyer and that form is illegal.

    Oh, call your credit card company. Federal law says you cannot be charged for something you never received via a credit card. Have the credit card company bill them back.

    Again, hope you didn't pay by check.
     

    zethon

    Member
    Dec 27, 2012
    31
    You actually signed that?

    I did. I figured it was illegal and illegal contracts are not enforceable. I see no reason why my app would be rejected (I've purchased three handguns before with no problem) so I decided to risk it.

    But I did only put half down in order to mitigate my any possible loss.

    Well if your interested I have this nice historical bridge out in California that I need to sell. Its been great but I'm moving and I cant afford to take it with me. I can take your non refundable deposit via check made out to C. Ash, that's my first inital and last name by the way.

    Send me anything and I'll sign it!
     

    Kilroy

    Ultimate Member
    Jul 27, 2011
    3,069
    It boggles my mind that people shop at places like that. I've blacklisted other gun stores for much less.
     

    Shutterbug

    Have camera, will travel!
    Nov 24, 2012
    272
    AACo
    And as for " the fat guy with the baseball cap and beer gut is also a dick and very standoff'ish" he is a good friend of mine who just lost EVERYTHING he owns in a house fire in Frederick County. I mean he lost one of his dogs, his entire house, two cars, 4-wheelers, and his entire gun collection. So he may be less than pleasant lately.

    Maybe you could explain to your friend that the way mortgage contracts and regular retail contracts work are two different beasts. Just because he's still on the hook for his mortgage payment doesn't mean he can treat credit card purchases the same way.

    FTC FAQ regarding credit cards and unfulfilled orders. Granted, they use mail order in these examples, but I can see how this may apply here as well.
     

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