bushmaster1313
Member
I have hesitated to offer refunds on low priced guns sold through Gunbroker because taking it back through my local FFL would cost me $96.00.
However, if I mail it to an FFL for transfer to the buyer and the buyer does not take it, can the FFL mail it back directly to me, the same way a gunsmith could return my gun to me after working on it?
The regulation seems to say that it is okay.
On the other hand, Sec. 478.124(a), cited in the above, requires a Form 4473 unless the gun was shipped to the FFL for repair or customizing:
Based on the foregoing, I am not going to offer to have the FFL send it back directly to me if the buyer wants a refund.
However, if I mail it to an FFL for transfer to the buyer and the buyer does not take it, can the FFL mail it back directly to me, the same way a gunsmith could return my gun to me after working on it?
The regulation seems to say that it is okay.
TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS
CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE
PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents
Subpart I_Exemptions, Seizures, and Forfeitures
Sec. 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 Sec. 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.
[T.D. ATF-270, 53 FR 10507, Mar. 31, 1988]
On the other hand, Sec. 478.124(a), cited in the above, requires a Form 4473 unless the gun was shipped to the FFL for repair or customizing:
§ 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.
Based on the foregoing, I am not going to offer to have the FFL send it back directly to me if the buyer wants a refund.
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