ATF: All second party handling must be background checked before returning to owner.

[Guncraftsman]

This is what the ATF Inspectors have been telling us Gunsmiths starting a business. When you take a firearm to a Gunsmith and he sends it out to be blued he must run a backgound check on the owner before returning the firearm. A fellow gunsmith classmate was told this in Reno by his ATF Inspector.

I called and emailed my ATF Inspector asking this question: Does the Gunshop that I pick up a firearm to repair have to do a background check to return the firearm? The answer I got was YES...

I called the LA ATF Office Supervisor. She said the bound book information was the only thing needed.

Can anyone help me out with this???

[Librarian]

ATF generally says

(I3) Is an ATF Form 4473 required when a gunsmith returns a repaired firearm? [Back]

No, provided the firearm is returned to the person from whom it was received.

[27 CFR 478.124(a)]

and also

P24) 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? [Back]

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]

So, it looks like the reported statement by the inspector is not accurate. Nothing in the FAQ suggests there is any difference between Gunsmith doing everything or Gunsmith sending to Subcontractor for part of the work.

[rayra]

Your ATF inspector is WRONG and spreading disinformation, apparently deliberately attempting to create a more obstructive and hostile environment than is required by his own agency's published rules.
He needs to be challenged on it, but more importantly his immediate supervisory chain needs to be contacted so it can be determined if this is a failure in his training, or if it is training for failure. You need to up the chain to find out where this greater-than-required restriction misinterpretation is being inserted into the system. So it can be snuffed out.

And when the matter is investigated and the extent of the problem is known, the situation needs to be related to anyone pursuing issues of ATF abuse.

[leelaw]

A return of a firearm to the owner does not require a background check (4473).

[Guncraftsman]

Librarian, I did not know that about replacement firearms. Thank you!

I do agree with all of you but there must be something in the ATF rules to have Inspectors from two different States say the same thing.

Rayra, I'm going to contact my Inspector and ask for the ATF rules regarding this question. When I did contact his Supervisor She said "don't quote me on this" making me feel she knew less then her Inspectors.

[EOD Guy]

A return of a firearm to the owner does not require a background check (4473).

Not always true. The return of a consignment or pawned firearm to the owner does require a 4473 and background check.

[Guncraftsman]

Here is the email reply from my ATF Inspector. Everything has now changed!

There is generally no 4473 involved in cases where repaired guns are being returned to the person who originally relinquished the gun for repair. Notice I did not say the owner of the gun. In the case where you pick-up a gun to be repaired from another FFL and return the repaired gun to the same FFL, there is no 4473 involved. Your records will reflect the name and FFL number of the FFL who gave you the gun to fix and who you gave the repaired gun back. In a case where you receive a gun for repair from a non-licensee, there is no 4473 if you give the repaired gun back to that same person. The only time a 4473 would be involved in the case of a repaired firearm is if you returned the gun to a different person. For example, if my wife gave you my gun for repair, but I came over to pick it up.

This was the original email from my ATF Inspector:

If you receive the gun in person from the gun owner and return the gun directly to the owner, you only need to make the appropriate entry in the A/D records. If you receive the gun by way of the host FFL a background check must be done regardless of who (you or the host FFL) returns the gun to the owner.

[FEDUPWBS]

Now that the context is clear the answer is yes because a transfer is being made.

[Guncraftsman]

This was my original email question. Mind you that this was the second time asking this question because I couldn't believe the answer.

I just want to make sure I understand everything.

When I go around and pick up firearms needing repaired from FFLs and returning the firearms to the FFLs there is no problem. Just checking in and out of the bound book.

My question is: Will the FFL I received and returned the firearm to have to do a background check before returning the firearm to it's owner? The FFL originally received the firearm face to face from the owner.

[Guncraftsman]

Here is the very first answer from my ATF Inspector:

If you are not present when the owner drops the gun off, you are receiving the gun from the FFL, not the owner. Then when it’s time to return the gun, you are not returning the gun to the person from whom you received it. Remember you received from the FFL. For you to return the gun, a background check must be done and a 4473 must be completed. If you give the gun back to the FFL, you record that in your records, but the FFL will have to do a background check. This may be what your classmate was referring to.