Suppressors Is FFL needed for returning a pistol to owner?

[Guest]

If an individual sends a pistol to a smith to be worked on, is it true that the pistol must come back via an FFL and re-transfered to the original owner?

I was under the impression that as long as it went back to the owner at the same address via proper shipping standards, it doesn't need to be transfered.

 

[Rob01]

Re: Is FFL needed for returning a pistol to owner?

No ffl needed should be needed as there wasn't a transfer made. Just sent in for work and returned to owner. Did someone tell you different?

 

[Guest]

Re: Is FFL needed for returning a pistol to owner?

yep, i've been told it needs to be transferred despite:

http://www.atf.gov/firearms/faq/gunsmiths.html

I don't really like paying to transfer something I already own and having to deal with the local FFL's if I don't have to.

 

[Rob01]

Re: Is FFL needed for returning a pistol to owner?

Who told you that?

 

[kbrady]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Q: 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)]</div></div>

I would print this out and carry it around.....anybody that told you otherwise would read that until they understood it. That looks easy to understand and pretty concrete. I don't even see how it could be open to interpretation.

Kelly

 

[Guest]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rob01</div><div class="ubbcode-body">Who told you that? </div></div>

A smith in AZ. I'm not quite ready to rake him through the mud quite yet.

 

[Rob01]

Re: Is FFL needed for returning a pistol to owner?

I'd find someone else to do the work.

 

[JCH]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rob01</div><div class="ubbcode-body">I'd find someone else to do the work.</div></div>

I echo this statement.

 

[sig22940]

Re: Is FFL needed for returning a pistol to owner?

Had a pistol fixed by Kahr...they sent it back directly to me.

 

[jasonk]

Re: Is FFL needed for returning a pistol to owner?

It may depend on who he's trying to ship it with. I don't believe USPS will allow it, but I know I've gotten a pistol back via UPS.

 

[Guest]

Re: Is FFL needed for returning a pistol to owner?

Nope, not a carrier issue. I'm 99% sure he's just getting bad advise on shipping a handgun back to IL.

 

[Guest]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rob01</div><div class="ubbcode-body">I'd find someone else to do the work. </div></div>

That's implied......once I get my shit back

 

[JCH]

Re: Is FFL needed for returning a pistol to owner?

who is the gunsmith?

 

[Rob01]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Pointblank4445</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rob01</div><div class="ubbcode-body">I'd find someone else to do the work. </div></div>

That's implied......once I get my shit back</div></div>

You never said he already had it. Just put it out there as a hypothetical. If he had my pistol I'd be a little more forceful and tell him to send my shit back now as it is totally legal to do so.

 

[KYS]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JCH</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rob01</div><div class="ubbcode-body">I'd find someone else to do the work.</div></div>

I echo this statement. </div></div>

I agree. Sound like the guy doesn't know what he is talking about. And if his business is firearms, he should brush up on their laws.

 

[KYS]

Re: Is FFL needed for returning a pistol to owner?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jasonk</div><div class="ubbcode-body">It may depend on who he's trying to ship it with. I don't believe USPS will allow it, but I know I've gotten a pistol back via UPS. </div></div>

USPS wont ship handguns because by law you are supposed to ship handguns AIR now. That is according to our distributors too.

 

[Wolf22]

Re: Is FFL needed for returning a pistol to owner?

Yah - mention you would like to ship Handgun parts or bullets/ammo to USPS, UPS outstations, FedEx outstations, etc might as well hit the floor and spread'em..... the way they react nowadays.

They must be watchin too much of the VIEW or the O show.

 

[jasonk]

Re: Is FFL needed for returning a pistol to owner?

Simply ask the gunsmith to provide his source for the law.

I will tell you this, we're talking about Illinois, it's entirely possible that this is a state law and what everyone in the thread is citing is federal law. Illinois has laws prohibiting some shipments of air rifles, so I'm not surprised if the gunsmith is correct about the ffl transfer.

It's been said before, don't take legal advice from an internet forum.

 

[300WSM]

Re: Is FFL needed for returning a pistol to owner?

+1

 

[kbrady]

Re: Is FFL needed for returning a pistol to owner?

Well, the smith in question will either realize he was wrong by doing some research, or will stick to his policy of not shipping to non FFL folk.

Do your homework and find out if there is a state law saying the smith can't send the handgun back directly to you. If you find out that there is no state law preventing it.......you already know what Federal Law says.

Kelly

 

[TrooperBrian]

Re: Is FFL needed for returning a pistol to owner?

I remember an article from a few months ago like this, from what I understood, anyone shipping a firearm to a gunsmith or other business for service and back is considered a "transfer".

However after going back and reading it in detail, it would appear that it only applies to FFLs to businesses and back. I could also be wrong in this sense too. Feel free to correct.

http://www.gundigest.com/article/GunRights-06-02-10-BAFTE-transfer-rules/

http://www.nssfblog.com/atf-reverses-interpretation-of-gca-redefines-transfers-of-firearms/