Must FFL gunsmith determine state eligibility before returning firearm?

[bushmaster1313]

Does a gunsmith/FFL who takes a gun in from a customer need to check whether the customer is eligible to possess the gun under state law before returning it?

There are two scenarios:

1) customer gives gun to in state gunsmith/FFL and goes to pick it up at least one day later.

2) customer mails gun to out of state gunsmith/FFL and FFL wants to mail it back.

 

[smalls]

Good question. I do know that if I had a problem with with a gun, and sent it back to the manufacturer, they can send it directly to my door step, with no 4473, etc. I'd have to assume the same would be true with a gunsmith.

 

[dogtown tom]

bushmaster1313 Does a gunsmith/FFL who takes a gun in from a customer need to check whether the customer is eligible to possess the gun under state law before returning it?

There are two scenarios:

1) customer gives gun to in state gunsmith/FFL and goes to pick it up at least one day later.

2) customer mails gun to out of state gunsmith/FFL and FFL wants to mail it back.

Federal law allows for the direct return to the owner...no 4473 or NICS required. Your state may have restrictions.

From the ATF FAQ's:

Q: A firearm is delivered to a licensee by an unlicensed individual for the purpose of repair. Is the return of the repaired firearm subject to the requirements of the Brady law? Would the transfer of a replacement firearm from the licensee to the owner of the damaged firearm be subject to the requirements of the Brady law?

Neither the transfer of a repaired firearm nor the transfer of a replacement firearm would be subject to the requirements of the Brady law. Furthermore, the regulations provide that a Form 4473 is not required to cover these transactions. However, the licensee’s permanent acquisition and disposition records should reflect the return of the firearm or the transfer of a replacement firearm.

[27 CFR 478.124-25]

 

[bushmaster1313]

Let's expand the hypothetical.

Let's say the out of state gunsmith has reason to believe that the customer is not entitled to possess the gun under the customer's state law.

Alternatively, let's say that the customer is not allowed to possess that gun under state law but the gunsmith has no reason to believe one way or the other.

 

[dogtown tom]

If the firearm is illegal to return to the customer then the gunsmith cannot do so.

You need to spend more time reading the ATF website. It will answer 99% of your hypotheticals

 

[NavyLCDR]

Let's expand the hypothetical.

Let's say the out of state gunsmith has reason to believe that the customer is not entitled to possess the gun under the customer's state law.

Doesn't matter. The gunsmith is not required to know the state laws of the customer, unless they are in the same state. If the out of state gunsmith has reason to believe that the customer is not entitled to possess the gun under FEDERAL law, then 18 USC 922 (d) is violated if the gun is returned anyway:

"(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— "

Alternatively, let's say that the customer is not allowed to possess that gun under state law but the gunsmith has no reason to believe one way or the other.

Then the customer violates their state laws. And, if the customer is prohibited under Federal law, the customer violates Federal law 18 USC 922 (g):

"(g) It shall be unlawful for any person— ...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. "

 

[Jim K]

A better question might be whether a gun brought in for repair can be returned to the person who brought it in if the gunsmith knows or learns that the person cannot legally possess that gun (gun is stolen, person is a felon, gun is an illegal weapon, etc.) He cannot return the gun under those circumstances because to do so would be illegal; he must report the illegal possession to the police and not return the gun.

The wording of the federal Brady law is predicated on the idea that the person already owns the gun so there is no need to see if it is legal for him to own the gun. But certain statute laws regarding misprision of a felony trump the federal law if the gunsmith KNOWS or BELIEVES that returning the gun would create or continue a felonious condition.

Jim

 

[k_dawg]

IOW: He need not ask or verify the customer's eligability. However, if he has sufficient reason or knowledge to question the customer's eligability, then he must refuse and report.

 

[Jim K]

A situation I encountered myself was that a gun brought in for repair was on the sheriff's department list of stolen guns. I did return that gun, but with the police standing by. The customer picked up the gun, paid the bill and walked out the door - right into a pair of handcuffs. By letting him pick it up, they got another charge, a felon in possession of a firearm, and we got paid!

Jim

 

[zorro45]

Jim,
I don't think he'll be a repeat customer for several reasons!