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December 18, 2011, 08:11 PM | #1 |
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NICS checks for gunsmith work.
I've been working a part time job at a new gun store in my area. Recently the owner has concluded that we have been handling gunsmith work incorrectly. Now his policy is to have the customer fill out the 4473 transfer form and perform NICS check before we can return their gun to them. This is after our gunsmith has performed services. Now I'm no FFL dealer, but I've been dealing with guns and gun stores and gunsmiths for over 20 years. I have never been asked to do any transfer forms or background checks for gunsmith work. Is this correct procedure or is this just some more ignorance on the part of our newbie store owner?
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December 18, 2011, 08:18 PM | #2 |
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There is no 'transfer' when the gun is returned to the current owner. The boss is mistaken.
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December 18, 2011, 08:26 PM | #3 |
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That was my feeling exactly. I have explained to him about my past experiences with gunsmiths and even shipping guns to FFLs or manufacturers for work and never had to do any such paper work. He explains that away as a "loophole" in the law and insists he is doing it right.
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December 18, 2011, 08:30 PM | #4 | |
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http://ecfr.gpoaccess.gov/cgi/t/text....0.1.2.3.8.1.4
Quote:
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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December 18, 2011, 09:08 PM | #5 |
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@ Dogtown... Thanks for the link. I'll forward that on.
Merry Christmas guys!
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December 18, 2011, 10:20 PM | #6 |
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As I understand it, the only time, according to federal law, that a 4473 and NICS check would be required in the case of a gunsmith returning a firearm to a customer would be if the receiver/frame had to be replaced. This is because the receiver/frame is the part which legally constitutes a firearm so replacing the receiver/frame, even if every other part is left alone, is the same a transferring a completely different gun in the eyes of the law.
The thought process, as I understand it, is that so long as the frame/receiver is the same, the owner of the gun has already likely gone through a NICS check when he/she bought it. Going through the whole process over again for a gun you've already bought is considered, and correctly so, as redundant and unnecessary. If the owner of the gun store still has doubt, I'm sure a call to the BATFE would clear up any questions on the matter. |
December 18, 2011, 11:00 PM | #7 |
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Webly,
Read it again "or a replacement firearm..." |
December 18, 2011, 11:55 PM | #8 |
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As an aside, when Ruger repaired my LCP, it involved a frame change where the new frame had the same serial number. No transfer was required.
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December 18, 2011, 11:59 PM | #9 |
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You may have noticed my use of the word "ignorance" in my original post. That was on purpose. It the short few months that this store has been open and in the time that I've been employed there, I've come to realize just how well that word applies to this man. His lack of knowledge about guns and all things gun related is completely amazing and utterly frustrating to me. He's also the kind of person who doesn't like to be proven wrong, so I may be spinning my wheel by pointing out this mistake. Every day that I'm there I find myself shaking my head at some of the things that I hear and see.
Don't get me wrong, I make no claims to being any kind of expert. I'm far from it. But I will say that after more than twenty years of shooting, trading, buying, selling, collecting, reloading, attending gun shows, and reading publications that I have attained a great deal of general knowledge about the subject. Not to mention the years that I have been a member on this forum (which is a wealth of knowledge in itself). Maybe I'm just expecting too much. This job is only temporary for me, as I have plans for more schooling after the first of the year. I would really like to see the store do well, because he has a good opportunity and a good location. But for now I guess I'll just shake my head.
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December 19, 2011, 12:05 AM | #10 |
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All you can do is point out the error. If he's that thick-headed this is hardly going to be the last issue that demonstrates it. Let's hope his ignorance doesn't get him or someone else in trouble.
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December 19, 2011, 09:06 AM | #11 |
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MP is right. All you can do is point out the error. You can't make the boss believe you. I will say, though, that I would be pretty put out if I took my gun in for work, only to be told that I had to go through another NICS check to re-take possession of my firearm. Unless the shop did absolutely unbelievable work, it'd be the last time any gun of mine went to that shop for work.
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December 19, 2011, 10:10 AM | #12 |
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The NICS should tell him up front when he calls to make a check that it's not necessary to transfer the gun back to the owner. Does he transfer it in his book when he takes it in for repair work?
There is no way I would accept that. If they wanted to run a check for me to pick up my own gun from repair, when I was the one to personally drop it off, I would be calling the BATF from my cell phone to set them straight. He's trying to bump up the costs to the customer for no good reason. |
December 19, 2011, 10:57 AM | #13 |
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I would make sure the boss put up a large sign and informed customers of this (Or not). I would then start looking for work at a different shop as he drives his customers away one at time.
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December 19, 2011, 10:59 AM | #14 |
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He brought this up just yesterday. I've forwarded on the info provided above and will wait to see what happens. As far as how we perform our NICS checks, they're all done online. The only time we call is if the system is down.
This is just another in a growing list of things that leave me wondering how long he will stay in business.
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December 19, 2011, 12:36 PM | #15 | |
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Quote:
NICS has no idea if the gun being transferred was at the dealer for gunsmithing. The FBI NICS is for background checks only, they aren't the ATF and have no knowledge of ATF regulations.....only the Brady law.
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Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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December 19, 2011, 01:43 PM | #16 | |
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December 19, 2011, 01:57 PM | #17 | |
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Quote:
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December 19, 2011, 03:23 PM | #18 | |
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Quote:
When I've gone back to pick up guns after minor work which has taken more than a few days for them to get to, they've just checked the receipt, given me the gun and I pay and go on my way. |
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December 19, 2011, 08:10 PM | #19 |
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The only time you have to do a 4473 for a return of a firearm is if you pawn it and then go to get it back.
Otherwise no 4473/ background check is necessary. I have sent a few guns off for repair/refinishing and they can and are sent directly back to me. |
December 19, 2011, 11:56 PM | #20 | ||
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Quote:
Here's what the BATFE FAQ has to say about gunsmiths: Quote:
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December 20, 2011, 01:22 AM | #21 | |
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December 20, 2011, 01:33 AM | #22 | ||
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Quote:
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Do you know about the TEXAS State Rifle Association?
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December 20, 2011, 10:17 AM | #23 |
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Another words your boss is ripping his customers off.
How much does he charge for a $5.00 phone call? AFS
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December 20, 2011, 12:05 PM | #24 |
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We don't charge a customer to run a background check unless it's an out of state transfer. Plus, we don't call them in. We do them all online.
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December 20, 2011, 10:40 PM | #25 | |
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Quote:
__________________
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers) Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA https://www.youtube.com/watch?v=pELwCqz2JfE |
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