Thread: Firearm Storage
View Single Post
Old December 30, 2013, 06:58 PM   #6
carguychris
Senior Member
 
Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
Quote:
Originally Posted by afcastellanos
According to the BATFE, a firearm can be shipped from owner to FFL and back without any 4473. My vision is more of the mail order type business. Basically, I ship the box to the customer with return label, it comes back to me for storage. When the customer wants it back, I ship it back and the requirement from the shipping company is adult ID/signature required.
I'm not sure you're understanding the 4473 shipment exception correctly. AFAIK the exception is narrow and only applies to customization or repair, per 27 CFR § 478.124.
Quote:
Originally Posted by 27 CFR § 478.124
(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
(emphasis mine)

It seems to me that storage- particularly storage for a fee, as part of a licensed dealer's business- does not fit within the definition of "repair or customizing".

Please note that a 4473 is required to return a pawned or consignment firearm to its owner; this is not a secret, ask any established FFL dealer. I don't see why a storage business would be any different. [Edit to add: It has been posited in past threads that pawning can be a viable option for short-term firearm storage, although picking up a handgun can get complicated if the owner moves out of state. It seems to me that this business plan is similar to pawning.]

Finally, unless (a) the firearm is an antique, (b) the firearm is a Curio or Relic and the recipient is a C&R licensee, or (c) the recipient is an exempt LEO or other government agent, a transfer involving a 4473 may only take place at the FFL's licensed premises, or at a gun show [27 CFR § 478.100].

(Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor.)
__________________
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak

Last edited by carguychris; December 30, 2013 at 07:19 PM. Reason: reword, info added...
carguychris is offline  
 
Page generated in 0.03348 seconds with 8 queries