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Old August 5, 2012, 08:14 PM   #54
Senior Member
Join Date: December 31, 2011
Location: Vermont
Posts: 1,976
Salmoneye If leaving a gun overnight with someone is not a 'transfer', then why does a Gunsmith have to log the 'acquisition' in, and the 'disposition' out, if he keeps a gun overnight?
Why? Because Federal law requires it.

You can leave it with him at 8am to be repaired, go to work, come back at 6pm and he can hand you the 4473/NICS required.

This has NOTHING whatsoever to do with the transfer of firearms between nonlicensees.
I am well aware of the fact that Federal Law requires it...That's why I asked...But taking a gun to a Smith is not a 'transfer'...

You state that I can leave and come back in the same day with no "4473/NICS required"...Neither of those have anything to do with the scenario I posed...The Smith is only required to log in/out in his 'Bound Book', and no 4473/NICS is required as long as I am the one that dropped off the gun and picked it up the next day...

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)]

My real question is why does ATF consider it fine to leave the gun for the business day, but not fine to leave it overnight (unless logged)...

It reminds me of the 'lending for a day' issue that was being discussed earlier...

At the very least, it certainly appears that BATF finds leaving a gun with someone overnight to be much more serious than leaving it with them for a few hours during the day...Business, or not...

I'm simply trying to grasp everyone's understanding of the laws so that I never run afoul of them...
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