A FFL question

R

rick_reno

Moderator
A friends wife bought a XD-45 - she decided to send it back to Springfield for a trigger job and used the services of a local FFL for shipping it back via the Post Office. Gun comes back to the local FFL last week - Friday the friends wife breaks her hip in a fall. FFL says paperwork (4473?) must be filled out to transfer the gun back to the wife. Since the wife is not capable of going to the FFL's house - my friend asks FFL (he runs his business from his kitchen and is a good guy) to come to his house (we all live in the same town) and do the paperwork. He said that's illegal.

1. Does a 4473 form have to be filled out to give this gun back to it's owner?
2. Is he required to do the transfer at his place of business?

thanks...
 
I don't know about Idaho state laws, but there are no federal laws that require you to use an FFL to send a firearm back to the manufacturer (or to a gunsmith) for repairs or modifications.

1. Since she went through an FFL (even though she didn't need to) it is my understanding that, yes, it is required that she do so again to get the pistol back. The only way the FFL can give her the firearm is if she fills out the 4473 again.

2. I don't think it's illegal. FFLs do business at gun shows all the time.

I'd contact the ATF to find out for sure. Find the phone number for your local field division here: http://www.atf.treas.gov/contact/field.htm

-Dave
 
I did some digging - page 3 of this letter has what I was looking for. The text follows -

http://www.atf.gov/firearms/newsletter/0805fflnewsletter.pdf

Additionally, FFLs are required to conduct business from their licensed premises. Licensees may not sell firearms from locations other than their licensed premises, with the exception of gun shows or other events dedicated to the sporting use of firearms and held in the State where the FFL’s premises are located.

It looks like unless my friend has a gun show at his house, the transfer can't be done there.
 
In this case, the FFL is not *selling* the firearm, just *transferring* it as she is already the owner. You might request that he take another look at the law and find out if it is legal for him to transfer it.

Another provision in the law that she could take advantage of is the language "or other events dedicated to the sporting use of firearms." That's pretty non-specific. Would a "gun-cleaning party" be considered "sporting use?"
 
One could make the argument that she gave the firearm to her FFL for trigger work and he sent it to the manufacturer to do the actual work and return the firearm to him. As such, a new 4473 is not required:

§ 478.124 Firearms transaction record.
(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
Click to expand...
 
no 4473 required

No form 4473 would need to be filled out in this case, as long as the same person who dropped the gun off for repair picks the gun up. The FFL is required by law to log the gun into his books as an acquisition when he receives the gun from the owner and as a disposition when he ships it to the manufacturer. When the FFL receives the firearm from the manufacturer, he must again log the gun into his book as an acquistion, and when the owner returns to pick up the gun, he will again log the firearm as being disposed of to the owner. An FFL who delivers (read transfers) a firearm to another person at a location other than the licensed premises (storefront gunshop, or in this case, the FFL's home), or at a BONA FIDE gunshow would be committing a federal offense. In other words, no, the FFL cannot deliver the gun to the owner's house. If the husband picked up the gun, he would have to fill out the 4473 and go through the requisite background check. I know, it's about as clear as mud. The rules must have been written by a government agency!!:rolleyes:
 
The "March 2006 FFL Newsletter" had a little comment which brought this thread back to mind. It appears that a person can pick up a repaired firearm from an FFL for another person.

Regarding filling out the new 4473s.....

Question #11.a. asks if the person is the actual buyer of the firearm. The answer to this question may have an entry of "N/A" only if an individual is picking up a repaired firearm for another person. The use of "N/A" is specific to the repaired firearm situation only. All other transactions must indicate if the person is the actual buyer of the firearm.
Click to expand...

http://www.atf.gov/firearms/newsletter/0306fflnewsletter.pdf

So it would seem that the husband in this case could have went to the FFL, filled out the 4473 and retrieved the gun.
 
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