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Posted: 3/3/2023 10:13:38 PM EDT
You ship a customer's firearm back to mfg for work, and they return it back to you (son in the A&D, it shows you receiving it from customer, and dispositioning it to the mfg. Later, it then shows it coming in from said mfg. Do you need a 4473 to give it back to the owner? Or is it required since you received it (technically) from the mfg for that particular A&D entry?
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ID, USA
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Posted: 3/3/2023 11:53:01 PM EDT
[#1]
"technically", yes, an FFL is supposed to have that person complete another 4473.
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Posted: 3/4/2023 8:35:28 AM EDT
[#2]
No, there was no transfer of ownership. We would put this one into the gunsmithing A&D log to track it, not in the buy/sell/transfer log for our Title I firearms.
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Posted: 3/4/2023 9:32:36 AM EDT
[#3]
Quote HistoryOriginally Posted By Bubbles: No, there was no transfer of ownership. We would put this one into the gunsmithing A&D log to track it, not in the buy/sell/transfer log for our Title I firearms. Does that apply to 01 FFLs? I'm not the one doing the work. So I don't have a Gunsmithing A&D book. |
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PA, USA
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Posted: 3/4/2023 9:37:44 AM EDT
[#4]
So you facilitated a ship-to-mfg for a customer? Like to save on shipping costs or to enable using shipping service that's FFL only?
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Posted: 3/4/2023 10:02:17 AM EDT
[#5]
Quote HistoryOriginally Posted By -Obsessed-: Does that apply to 01 FFLs? I'm not the one doing the work. So I don't have a Gunsmithing A&D book. Type 01's can do gunsmithing. All you are doing is facilitating shipping from the owner to a repair shop and back. There is no transfer of ownership in the transaction. |
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Posted: 3/4/2023 12:33:02 PM EDT
[#6]
Quote HistoryOriginally Posted By crash55: "technically", yes, an FFL is supposed to have that person complete another 4473.  Attached File |
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Posted: 3/4/2023 12:34:36 PM EDT
[#7]
Quote HistoryOriginally Posted By Bubbles: No, there was no transfer of ownership. We would put this one into the gunsmithing A&D log to track it, not in the buy/sell/transfer log for our Title I firearms. It isn't about ownership, its about lawful possession. The return of a repaired or replacement firearm does not require a 4473. |
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Posted: 3/4/2023 12:35:18 PM EDT
[#8]
Quote HistoryOriginally Posted By Bubbles: Type 01's can do gunsmithing. All you are doing is facilitating shipping from the owner to a repair shop and back. There is no transfer of ownership in the transaction. Thanks! Now...does it matter if it comes back a different form? So if it left as a receiver and came back as a built rifle, as an example? This one is actually leaving as a stripped receiver and is coming back a finished lower, but for the sake of example? |
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Posted: 3/4/2023 12:45:39 PM EDT
[#9]
https://www.atf.gov/firearms/qa/atf-form-4473-required-when-gunsmith-returns-repaired-firearm
Is an ATF Form 4473 required when a gunsmith returns a repaired firearm? No, provided the firearm is returned to the person from whom it was received. [27 CFR 478.124(a) and 478.147] § 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. § 478.147 Return of firearm. A person not otherwise prohibited by Federal, State or local law may ship a firearm to a licensed importer, licensed manufacturer, or licensed dealer for any lawful purpose, and, notwithstanding any other provision of this part, the licensed manufacturer, licensed importer, or licensed dealer may return in interstate or foreign commerce to that person the firearm or a replacement firearm of the same kind and type. See § 478.124(a) for requirements of a Form 4473 prior to return. A person not otherwise prohibited by Federal, State or local law may ship a firearm curio or relic to a licensed collector for any lawful purpose, and, notwithstanding any other provision of this part, the licensed collector may return in interstate or foreign commerce to that person the firearm curio or relic. 1. Customer brings a firearm to FFL for shipment for the reason of repair or replacement. 2. FFL logs it in his records as an aquisition from the customer. 3. FFL then logs it as a disposition to the gunsmith or manufacturer who will perform the repair or replacement. 4. When the repaired firearm is returned to the FFL, he records the acquisition in his bound book. 5. Customer arrives to pick up his repaired or replacement firearm, dealer records that disposition with customers name and address. No 4473/NICS required. ***Thats all that's required by ATF. Your state may require more. |
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Posted: 3/4/2023 12:48:09 PM EDT
[#10]
Quote HistoryOriginally Posted By -Obsessed-: Thanks! Now...does it matter if it comes back a different form? So if it left as a receiver and came back as a built rifle, as an example? This one is actually leaving as a stripped receiver and is coming back a finished lower, but for the sake of example? No. It could even be a different serial number as long as it was the same kind or type. Ex. You send in a Glock 17 and Glock decides it isnt repairable, but returns a new in box G17. Thats the replacement of the same kind or type. |
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