Can a Gunsmith ship back a gun to the owner?

May 22, 2009
128
16
Lakeway, Tx
I just sent my AK to Elk River Tool and Die, the fedex man said they would not be able to ship it back to me, that it would have to be shipped to a local FFL where I would have to fill out a 4473. Is this true? Maybe I'll just go pick it up in person. BTW I shipped it from Austin to Houston.
 

idleprocess

Active Member
Feb 29, 2008
450
16
DFW.com
Here's the section on fedex.com...

fedex lawyer types said:
Firearms

A. FedEx Express will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
1. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; lawenforcement agencies of the U.S. or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

B. If your shipment contains firearms, select the Direct Signature Required or Adult Signature Required Delivery Signature Option, depending on the requirements of your shipment. See the Delivery Signature Options section for details. Firearms shipments are not eligible for signature release or indirect delivery.

C. Firearms must be shipped via FedEx Priority Overnight service. FedEx Express cannot ship or deliver firearms C.O.D. Firearms shipments cannot be placed in a FedEx Express Drop Box.

D. Upon presenting the package for shipment, the person tendering the shipment to FedEx Express is required to notify FedEx Express that the package contains a firearm. The outside of the package must not be marked, labeled or otherwise identify that the package contains a firearm.

E. The shipper and recipient must be of legal age as identified by applicable law.

F. The shipper and recipient are required to comply with all applicable government regulations and laws, including those pertaining to labeling. The Bureau of Alcohol, Tobacco, Firearms and Explosives can provide assistance.

G. FedEx Express will transport ammunition when packed and labeled in compliance with local, state and federal law, and the Dangerous Goods section of this Service Guide. Ammunition is an explosive and must be shipped separately as dangerous goods. You agree not to ship loaded firearms or firearms with ammunition in the same package.
Make of that what you will...
 

Bullseye Shooter

Active Member
Apr 28, 2008
510
16
Texas Panhandle
Yes, you can have them ship the firearm back to you directly. This from the BATFE site:
If a firearm is delivered to a licensee by an unlicensed individual for the purpose of repair, the return of the repaired firearm is not subject to the requirements of the Brady law. The transfer of a replacement firearm from the licensee to the owner of the damaged firearm is not 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.

Also, this from the above FedEx rules applies as well:
2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

I sent a Victor to High Standard a few years ago for repair. They had to replace the frame, so it ended up with a new serial number. They shipped it back to me without me having to fill out a new 4473 per the rules above.

Your FedEx guy is wrong.
 

Shorts

TGT Addict
TGT Supporter
Mar 28, 2008
4,594
38
Texas
Yes, you can have them ship the firearm back to you directly. This from the BATFE site:
If a firearm is delivered to a licensee by an unlicensed individual for the purpose of repair, the return of the repaired firearm is not subject to the requirements of the Brady law. The transfer of a replacement firearm from the licensee to the owner of the damaged firearm is not 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.

Also, this from the above FedEx rules applies as well:
2. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

I sent a Victor to High Standard a few years ago for repair. They had to replace the frame, so it ended up with a new serial number. They shipped it back to me without me having to fill out a new 4473 per the rules above.

Your FedEx guy is wrong.

^^ That's what I understood as well.

The FedEx guy sounds like he's talking out the south entrance
 

Fisherman777

Well-Known
Jan 15, 2009
1,211
36
45R
I shipped my 1911 in for a tune up and FedEx brought it back when it was done.

I remember when I was setting up a pickup for it on the phone. I told the woman on the other end that it was a pistol in the package and she just freaked out. Said "FedEx cain't ship no GHUUNNNNNS!!!" Well, we argued about it for a couple of minutes and then I said, "Oh, my mistake. It's a book about guns." She even balked at that! So I said, "Okay! It's just a book. A big fat heavy book!" Amazingly, she calmed down and we finished the pickup order. No more trouble after that. Apparently she forgot when I told her that it was an actual gun and believed me when I magically changed it to a book. I should have called her supervisor.
 

thorkyl

Active Member
Oct 13, 2008
697
36
Brazoria County
I sent auto-ordinance my 1927 a1 for repair and the return Fed-Ex driver signed the "Adult Signature Required" slip and left it leaning against my mailbox outside the gate. No one was home. My neighbor saw them drop it and went and got it and called me.

That driver was fired, I raised enough heck that the regional VP of fed-ex called and insured me that he was terminated.

So yes they can.

Now what I do is tell them to return it via UPS and I pay the $2.00 to the local UPS store to receive it for me. I tell them flat out what it is and that they must lock it up till I get there. They have no problem doing that for me.
 

45tex

TGT Addict
Feb 1, 2009
2,777
113
The maker can return it to you, but I doubt an FFL is allowed. If they will, good for you.
 

Bullseye Shooter

Active Member
Apr 28, 2008
510
16
Texas Panhandle
The maker can return it to you, but I doubt an FFL is allowed. If they will, good for you.
Yes they can. Please see my post above. Let's not confuse anyone out there. If you ship a firearm for repair to a gunsmith, the factory (licensed manufacturer), or an FFL holder (licensed dealer), they can ship it back to you without going through any special process. In fact, they can even ship pistols via USPS since that's how High Standard sent back my Victor.
 

smschulz

Paid for CUT
TGT Supporter
Apr 13, 2008
538
18
Houston, Texas
He is right... has to be shipped to a FFL, but come on down to Houston anyway!
Not true.
It does not have to be transferred.
Have it shipped via USPS.
Company policy from Fed Ex and UPS can be finicky but they can do it legally.
Your gun shipped in for repair can be returned to you.
 

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