doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com C&R Question

He shouldn't have to. It is still the original owner's gun. Putting a gun on consignment is not transferring ownership. Even if it was shipped to the consignee seller in another state, it is still the same guy's gun. Should be no different than sending your gun to a 'smith in another state for modifications or repair.

In my copy of the 2005 Federal Firearms Regulations Reference Guide question and answers number F15 it states "Firearms received for sale on consignment must be entered in the dealer's bound book. -----Return of firearms by the licensee to the consignor is entered in the dealer's disposition record. An ATF Form 4473 and a NICS check must be completed."

I can recall three friends in two different states, Georgia and North Carolina, who have encountered this with the same results as Rick and Mitch are stating. The problem is that if the gun is "overnight" in the dealers premise, he must log it into his records. In order to log it out, Mitch has it right. I don't like it either, it should be changed for a consignment gun. Nonetheless, this is the current law from our friends at BATFE.

It does indeed say that, but where does it say the consignee must ship it to an FFL holder in the consignor's state? Surely the consignee can fill out those forms before returning it directly to the consignor. No?

A licensed gunsmith can give a gun back to the owner without form 4473 or the NICS checks but he still has to log it in and out of his records.

Answer this one for me. I left a C&R military rifle with a gunsmith to be sporterized. I was transferred to a different state. The gunsmith retired. I forgot he had the gun. Nearly 20 years later a friend showed me a similar gun and I remarked "I had one of those", then realized I still owned one and where it was. I called the gunsmith who had the gun in another state. He stated he didn't think he could ship it because neither of us had an FFL. I called BATFE to get a ruling. I was told since it had been so long it would have go through the same channels as a purchase (plus 10 day wait-I'm in CA). I asked what about 10 years?, 5 years?, 6 months? The only answer I could get was that in this case, it was considered a transfer. Still don't understand.

There is nothing in the book that addresses shipping to a consignor but I would guess that it would be the same as shipping to a buyer.

I may have missed it in the post, But where are the C&R applications to be found in the ATF site? Looked over it a couple different times still no luck. Any suggestions? Randy

RMC, go to http://www.atf.treas.gov/dcof/index.htm you will need to order form F7CR(5310.16)

From the ATF FAQs

"(F15) Must a dealer record firearms received on consignment? [Back]

Yes. Firearms received for sale on consignment must be entered in the dealer's "bound book."

Sales of the firearms are handled in the same manner as other firearm sales. Return of the remaining firearms by the licensee to the consignor is entered in the dealer's disposition record. An ATF Form 4473 and a NICS check must be completed."