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Gunsmithing / painting during 10 day wait

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  • DucatiSS
    Junior Member
    • Nov 2012
    • 85

    Gunsmithing / painting during 10 day wait

    I believe I know the answer to this, but I thought I would throw it out there. A customer (person A) comes in and purchases a handgun from me and wants to have work done on it. We start the DROS, can I take it to another dealer (B) (FFL on file) to have the work done during the 10 day wait? I pick it up at dealer (B) then finish the DROS after the 10 day wait.

    A&D would be:
    A side= Wholesaler__________________D side = Dealer (B) Gunsmith / Painter
    A side= Dealer (B) Gunsmith / Painter___D side = Customer (person A)

    I did not see anything that stated the firearm has to stay in my safe. It would still have a trail of where it is at.

    Risk is if the DROS was denied, I would have a odd colored gun in my case.
    Last edited by DucatiSS; 11-22-2014, 2:40 PM.
  • #2
    ASD1
    1/2 BANNED
    CGN Contributor - Lifetime
    • Apr 2012
    • 1793

    the FFL owns the gun till it is delivered. You can do anything you want. the only hang up would be is if you did not have the gun back with in 30 days so you could deliver it before the 30 day window ran out
    sigpic

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    • #3
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      I would say no. Changing the color or just about anything else on a handgun makes it not on the certified list and so you could not deliver the firearm. Then there is the issue if you happened to be inspected and the firearm is missing. Yes, you could explain it, but then it also points out the first issue of the color.
      Kemasa.
      False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

      Don't tell someone to read the rules he wrote or tell him that he is wrong.

      Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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      • #4
        DucatiSS
        Junior Member
        • Nov 2012
        • 85

        That's why I wanted to ask.
        If I record it in and out in my A&D book to the painter then back to me, I do not see how that would be a missing firearm.

        If the DROS is started prior to the painting, the gun color is still on the roster, if the color is changed during the 10 days and then an approved DROS is given then the color wouldn't matter. I am using the logic that a gun can be DROS'd up to the day if falls off of the list. As long as the DROS was started prior to it falling off of the list it is ok, which should make it ok to deliver a gun that was DROS'd while on the list and delivered not on the list.

        The issue could come up if the DROS was denied and I got stuck with the gun, however the gun was still manufactured in black which is on the roster.

        Still confused.
        Last edited by DucatiSS; 11-23-2014, 9:01 AM.

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        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          While there is a record of where it is, you would not have it and the CA DOJ might have an issue with that. Not that it is illegal, but ...

          The issue with the color is that you would NOT be delivering a firearm that is on the certified list. You are making a modification to the firearms such that it would NOT be on the certified list.

          It is different for the case when the firearm drops off the list.

          It does not matter how the firearm was manufactured. If you engrave the firearm, it is not on the list anymore.
          Kemasa.
          False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

          Don't tell someone to read the rules he wrote or tell him that he is wrong.

          Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

          Comment

          • #6
            heldebrant
            Member
            CGN Contributor
            • Apr 2013
            • 157

            I'm going with the color issue as well. Why not err on the side of caution and send it out once delivered. Only a matter of a few days in the whole grand scheme of things.

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            • #7
              Matt P
              Veteran Member
              • Jun 2006
              • 3101

              Here in the Fresno area, DOJ said that if the firearm is in DROS you can not do anything with it during this time. Basically hands off while in DROS. Only after delivery can you then take it back in and modify.
              The shop I am at follows this policy as another FFL we are friends with was told by a field personnel not to modify, smith, paint whatever while in the hold.
              So reading this thread suggests that this is not so.
              If you do not follow this suggested rule or guideline of hands off, can you let me know how you came to the different understanding?
              My WTB of Anything Glock 1-2 Generation, Tupperware, Manuals or Parts. Press Me

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