Gun Consignment and Fed background ck

Gun Consignment and Fed background ck

This is a discussion on Gun Consignment and Fed background ck within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; So I took a gun in and dropped it off for consignment. They pointed out that I could pull it off of consignment at any ...

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  1. #1
    Distinguished Member Array tinkerinWstuff's Avatar
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    Gun Consignment and Fed background ck

    So I took a gun in and dropped it off for consignment. They pointed out that I could pull it off of consignment at any time but that I would have to fill out a Federal Firearms Form 4473.

    I love that I have to pass a background check to get my own property back and I'd love to know how the Interstate Commerce Clause gives the Feds authority to require it. (my understanding being that it's the ICC the Feds stand behind as their authority to regulate firearms sales.)
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?


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    I don't think they are correct. The Form 4473 is a transfer record, it is your property not theirs, so no transfer is taking place. If they sale it for you they have to do a Form 4473 I believe. Would they want you to do a Form 4473 if you took it in to have their gunsmith do work on it for you?

  3. #3
    Distinguished Member Array tinkerinWstuff's Avatar
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    I'm not sure if it's their policy or fed but I have the paper right here that says I have to fill out a 4473 if I take my gun off consignment.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

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    My guess is it is their policy.

    The first qualification question on the form is:
    Are you actual buyer of the firearm?

    It is your firearm, so your not buying it.

    Are they going to charge you for a background check on a gun you already own?

  5. #5
    Member Array Astute's Avatar
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    I believe a 4473 is required for you to pick up a repaired gun from a gunsmith. Idiocy, but I think that's the law since "Brady"

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    VIP Member Array dukalmighty's Avatar
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    I believe there Is something in the law about how long the weapon is in their possession,and I believe anything over 24 hrs requires a 4473,I may be totally wrong
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Senior Member Array 2edgesword's Avatar
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    Is this a recent change in the law?

    I sent my P3AT back to Kel-tec to have it repair. It took a few weeks to get it back and no 4473 was required.

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    Ex Member Array BikerRN's Avatar
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    Quote Originally Posted by Astute View Post
    I believe a 4473 is required for you to pick up a repaired gun from a gunsmith. Idiocy, but I think that's the law since "Brady"
    As far as I know, and I have dropped guns off at different 'smiths to be repaired since Brady, there is no 4473 required if you are the owner of the firearm.

    Biker

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    Ex Member Array Ram Rod's Avatar
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    I have sold guns on consignment before through a local FFL. I believe the FFL must show the gun in his inventory. What if the place got robbed? Since this person is actually selling your firearm, a transfer of ownership is required for them to do so on your behalf. If the firearm does not sell, or you change your mind, I believe you'll need to fill out the yellow sheet in order to show transfer of possession once again back to you. Just like pawning a gun....when you pay to get it back, you'll have to fill out a yellow sheet once again to show transfer of possession since that is actually what you're doing.

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    Member Array Torrid's Avatar
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    Quote Originally Posted by Astute View Post
    I believe a 4473 is required for you to pick up a repaired gun from a gunsmith. Idiocy, but I think that's the law since "Brady"
    Yeah, this whole Brady thing is going to cost me an extra $25 for my new Glock.

  11. #11
    Ex Member Array Ram Rod's Avatar
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    Quote Originally Posted by Torrid View Post
    Yeah, this whole Brady thing is going to cost me an extra $25 for my new Glock.
    Is that a transfer fee?

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    Member Array Torrid's Avatar
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    Quote Originally Posted by Ram Rod View Post
    Is that a transfer fee?
    No, that's in addition to the transfer fee. I think it might be a Nevada only thing for non CCP gun owners since I don't yet have mine, but the shop that is handling the transfer refers to it as the "Brady Tax". They did encourage me to give a call to Harry Reid and give him an earfull about it though.

  13. #13
    VIP Member Array cvhoss's Avatar
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    Quote Originally Posted by Astute View Post
    I believe a 4473 is required for you to pick up a repaired gun from a gunsmith. Idiocy, but I think that's the law since "Brady"
    Don't know about the original question as I've never given a firearm over to a dealer on consignment but the above quoted statement, at least as far as federal law is concerned, is wrong. Ask anyone who's sent a LCP or SR9 back to Ruger on the recalls. The gun is returned directly to you (assuming you sent it in personally). I've sent several cowboy guns to a gunsmith in Montana and they were all shipped directly back to me, no FFL involved on my end.

    From the ATF faq section:
    (I7) Is a licensed gunsmith’s return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees?

    No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms. (See also Question P24.)
    and
    (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?

    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]

    [18 U.S.C. 922(d), 27 CFR 478.32(d)]

    and to answer the OP's question:
    (P25) Is a licensee’s return of a consigned firearm to an unlicensed individual subject to permanent Brady?

    Yes.
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    Senior Member Array Rob P.'s Avatar
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    Further, in some states there are state laws that the return of consigned or pawned property requires a background check and form 4473. That this requires dros is also a given.

    Lesson here: DO NOT consign handguns. List them on a forum and do a FTF.
    Last edited by Rob P.; March 8th, 2009 at 03:23 PM. Reason: field strip

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    VIP Member Array Superhouse 15's Avatar
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    It's not required to fil out a 4473 for repair work, but repairs left overnight must be logged in a bound book per the examiner at our last inspection. We are a pawn shop also and 4473 are required to pick up pawns. A surprising number of folks fail the instant check trying to pick up their pawned guns.

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