Gunsmithing gun smithing / ffl question.

[crabtree147]

[18 U.S.C. 922(t); 478.124(a)]
Does a licensed gunsmith have to conduct a NICS background check before returning repaired or customized firearms?

- No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required.


My question is, if i send a gunsmith an action. that iv already did a background check on, once the build is complete do i have to do another background check on the same action?

Thank you for your time!

 

[Supersubes]

Nope

 

[crabtree147]

Nope

That's what I figured, is this the right reference to refer to? Or is there a better one?

 

[1moaoff]

maybe you seem sketchy....
A little context might help

 

[crabtree147]

maybe you seem sketchy....
A little context might help

I got my action in awhile back, and get it in my name. And now they are making me do another back ground check. Just doesnt make any sense.

 

[_Windrider_]

You are not transferring ownership/posession, no need for a background check. hes trying to either

1. Make a few extra bucks or
2. is really paranoid and over cautious. Nothing says you have to but if he wants to well.........

Dont do business with that guy anymore.

Edited after LRI Posted.........my comment was assuming there was no other transfer other than from you to gunsmith and back to you. As LRI said, you throw a middle man in there and that changes the scenario.

 

[LRI]

[18 U.S.C. 922(t); 478.124(a)]
Does a licensed gunsmith have to conduct a NICS background check before returning repaired or customized firearms?

- No, if the firearm is being returned to the person from whom it was received. However, if the firearm is delivered to someone other than the person from whom it was received, a NICS background check is required.


My question is, if i send a gunsmith an action. that iv already did a background check on, once the build is complete do i have to do another background check on the same action?

Thank you for your time!

No, but sometimes yes.

Case #1: If you send it to a gunsmith and he was to ship it to an FFL in your area instead of your doorstep, yes, you'll have to submit a new 4473. In this situation, the chain of custody is broken otherwise. Gunsmith in your area has no idea if you are eligible to possess/use a firearm.

 

[crabtree147]

No, but sometimes yes.

Case #1: If you send it to a gunsmith and he was to ship it to an FFL in your area instead of your doorstep, yes, you'll have to submit a new 4473. In this situation, the chain of custody is broken otherwise. Gunsmith in your area has no idea if you are eligible to possess/use a firearm.

I shipped and received the firearm through the same gun shop

 

[Wannashootit]

Case #1: If you send it to a gunsmith and he was to ship it to an FFL in your area instead of your doorstep, yes, you'll have to submit a new 4473. In this situation, the chain of custody is broken otherwise. Gunsmith in your area has no idea if you are eligible to possess/use a firearm.

On occasion I've done this at customer's request, and logged out to the FFL "in care of" to which the firearm is sent with the owner's name/address of record. I recall one in particular where the customer was a long-haul trucker and it was easy for his local FFL to hold the rifle until he was in town and it was convenient for him to pick up.

I don't understand your comment about the smith not knowing if the customer is eligible to own a firearm?
We don't do background checks on firearms received for service, we're allowed to "assume" they own legally own it.

Why does this change just because it is returned to an FFL- who will check ID at time of pick-up and log the firearm back out to the owner?

 

[Supersubes]

I got my action in awhile back, and get it in my name. And now they are making me do another back ground check. Just doesnt make any sense.

More details. Your action, you send it to the gunsmith, he builds it, now wants to transfer it back to you via a 4473? Is this correct? Any Chance the licensee you sent it to isnt the licensee who will be sending it back to you?

 

[crabtree147]

I actually call my local atf, and no I do not have to do another background check. Because the "action" is already in my name, and I send it to the gunsmith for "customizations". Thank you all for your information!. I'm a noob when it comes to this stuff!

 

[LRI]

On occasion I've done this at customer's request, and logged out to the FFL "in care of" to which the firearm is sent with the owner's name/address of record. I recall one in particular where the customer was a long-haul trucker and it was easy for his local FFL to hold the rifle until he was in town and it was convenient for him to pick up.

I don't understand your comment about the smith not knowing if the customer is eligible to own a firearm?
We don't do background checks on firearms received for service, we're allowed to "assume" they own legally own it.

Why does this change just because it is returned to an FFL- who will check ID at time of pick-up and log the firearm back out to the owner?

If "I" (me) send my gun to a gun shop for a service and that gun shop where to send it to you ( whether at my request or whatever), then the chain of custody becomes broken. In that circumstance, there is no legal process to bypass a 4473. I would have to fill out a new form. The reason is the audit trail is incomplete.

What you are describing:

If I walk into your shop and ask you to send it to a shop and they send it back to you, then yes. I can retake custody of the gun and we all go about our business.

That is the difference. The litmus test in this requires that the person handing over the firearm must-have "line of sight" with whoever he is relinquishing custody to. Be it face to face or via a mail service.

C.

 

[fdkay]

I shipped and received the firearm through the same gun shop

If you shipped it through a gunshop, then yes. They have to log it in and out. To release it to you, they would need to do a check.
Easy answer is, don't ship it through a gunshop.
If it goes from you directly to the smith and directly back, no issue, you involve a middleman, then you have to do one.

 

[crabtree147]

If you shipped it through a gunshop, then yes. They have to log it in and out. To release it to you, they would need to do a check.
Easy answer is, don't ship it through a gunshop.
If it goes from you directly to the smith and directly back, no issue, you involve a middleman, then you have to do one.

Thanks gunny