NICS and Form 4473 when returning a handgun for repair

[novaDAK]

Hello. I've been wondering something for awhile now. For people between the ages of 18 and 20, who can legally own, and purchase handguns from private sellers, if someone needed to send their handgun in for repair, how does that work? If it is sent through an FFL, they would have to do a NICS call and another 4473 form since it is being transferred through them, so obviously they can't do that unless you're 21.

Just curious, doesn't even affect me...just wondering.

 

[Halo]

Unless something has changed since I sent my Glock 17 to Glock a few years ago, you can send them directly to the manufacturer for repair, and they can return them directly to you. You don't have to go through an FFL. Pistols must be shipped via overnight service by one of the common carriers (i.e. not the mail).

I would contact the manufacturer and see what instructions they have.

 

[JesseL]

I just had my SR9 recalled by Ruger. Since the factory is close by I just dropped it off with them. The only paperwork was a receipt with the serial number and my name, address, and phone number.

They shipped the pistol back to my house via UPS next day air (they told me they'd call so I could pick it up, but if they want to spend money on shipping it's no skin off my nose).

 

[TAB]

If they have to replace the gun, you will have to fill out the paper work, unless they destroy the gun, register it destroyed and reissue you a gun with the same serial number.

To my knowledge ruger is the only one that will do this.

 

[CDignition]

You dont send it thru an FFL for repair work or warranty work. send it directly to the gunsmith or factory and they will send it right back to you. there is no transfer happening so no need for 4473

 

[Dark_Harvest]

"transfer" implies a sale, or a "transfer of ownership."

unless you're selling your gun back to the manufacturer, you shouldn't have to go through that.

 

[Phil DeGraves]

If they have to replace the gun, you will have to fill out the paper work, unless they destroy the gun, register it destroyed and reissue you a gun with the same serial number.

To my knowledge ruger is the only one that will do this.

S&W built a new frame with the old serial number for a gun I had whose frame cracked. (I had 80,000 rounds through it). And of course, no new paperwork.

 

[CCR]

You can ship it yourself to a Gunsmith or to the factory for repair,customizing or refinishing and it can be shipped directly back to you.

Please make sure you check out who you are shipping it to ALL GUNSMITHS MUST BE FFL'S to work on guns

 

[freakshow10mm]

If you drop your gun off at a gunsmith and he has to keep it overnight, he has to log it in his bound book. When the repair is made and the gun is returned to you, he logs it back out to you. That's the only paperwork required. It is not a sale, so no 4473 is needed.

 

[EOD Guy]

"transfer" implies a sale, or a "transfer of ownership."

unless you're selling your gun back to the manufacturer, you shouldn't have to go through that.

A transfer has nothing to do with ownership, but with possession. When you send a firearm to a gunsmith or manufacturer for repair, it is a transfer and will be logged in to their "bound book". When they return it, it is logged out as a transfer back to you.

Not all transfers require 4473s or NICS checks.

 

[novaDAK]

Thanks everyone! Good information.

 

[Dark_Harvest]

Qoute:

EODGUY said:

"A transfer has nothing to do with ownership, but with possession. When you send a firearm to a gunsmith or manufacturer for repair, it is a transfer and will be logged in to their "bound book". When they return it, it is logged out as a transfer back to you.

Not all transfers require 4473s or NICS checks."



"Transfer" in this context refers to buying a gun. i.e. "I just bought a gun on gunbroker, what do you charge for a transfer?"

Sending your gun to the manufacturer, and getting it back, does NOT constitute a transfer. It just doesn't. They may log it, but they DON'T OWN IT.

I fear we may be getting caught up in semantics. Just call the BATFE, and let me know what they say!

 

[novaDAK]

Just call the BATFE, and let me know what they say!

"Hello. Please state your name and address. We will come by tomorrow at 3AM to further investigate. Thank you. And remember, 'Always Think Forfeiture'"

 

[EOD Guy]

Sending your gun to the manufacturer, and getting it back, does NOT constitute a transfer. It just doesn't. They may log it, but they DON'T OWN IT.

Sorry but you're wrong. BATF doesn't care about ownership. And yes, I've asked them. The regulations addresses possession. Using your analogy, lending a firearm to a felon would be legal since ownership didn't change so no transfer took place.

If you read the regulations, the only place that sales are mentioned is in relation to licensees. There are many other sections dealing with "transfers".