Can a Gunsmith ship back a gun to the owner?

[Man With A Gun...]

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.

 

[DirtyD]

He is right... has to be shipped to a FFL, but come on down to Houston anyway!

 

[idleprocess]

Here's the section on fedex.com...

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]

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]

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]

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]

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]

The maker can return it to you, but I doubt an FFL is allowed. If they will, good for you.

 

[Bullseye Shooter]

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]

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.

 

[JKTex]

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.

It's a long gun, hand gun laws don't apply and carrier regulations may not be the same.

That said, even a hand gun that's shipped from a non-FFL can be shipped back to that non-FFL. Actually, it has to be shipped back to whoever shipped it.

Don't listen to drivers. While some may know both the law and their companies regulations, it's not their job to know, thus you need to go to those whose job it is to know.

That's moot though. It's a long gun most of that doesn't matter; it could have even been shipped via USPS. Remember, it's a "long gun" and it's being shipped within the same state. No FFL is required on either end.

 

[Bullseye Shooter]

It's a long gun, hand gun laws don't apply and carrier regulations may not be the same.

Whether it's a long gun or short gun, BATFE regulations concerning returning a repaired firearm to the owner do not differentiate between pistols, revolvers, shotguns, rifles, etc. According to their regs any firearm is returned without filling out a new 4473 and does not have to go through an FFL dealer. The company that repaired the firearms knows who they can and cannot ship through so you're going to get it via UPS, FedExm, USPS or whoever they normally use to ship a repaired firearm.

 

[cajuntec]

Actually... Not only is the FedEx guy wrong regarding FedEx policy, but you can go a few steps further. He is shipping a rifle - within the same state. According to the ATF, you can even ship a long gun non-licencee to non-licencee within the same state.

A nonlicensee may ship a firearm by carrier to a resident of his or her own state or to a licensee in any state. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm. [18 U. S. C. 922(a)( 2)( A) and 922( e), 27 CFR 178.31]

All the best,
Glenn

 

[jroberts1968]

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.

Elk river can send it back to you from the facility. They are a FFL and )7 Manufacturer. they will check your rifle in and then check it out and ship in care of you. To verify this call Stephanie at Elk.