Pennsylvania Firearm Owners Association
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  1. #1
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    Default Getting my gun back to MD

    Put a pistol on consignment in a PA gunshop. I live in MD. It has not sold in what I consider a reasonable time. Plus I have decided to keep it. Can I just walk in and say I want it back or does it have to be sent to an ffl in MD and be transferred there costing me at least 50.00 for the whole damn process. Does anyone know for sure. Thanks

  2. #2
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    Default Re: Getting my gun back to MD

    I'm pretty sure it will have to be sent to a FFL in MD to complete the transfer.

    The PA FFL was required to add it to his bound book, thus requiring any recipient to be 21yo and a resident of the same state. Even though there really isn't a transfer taking place because you still owned it, federal requirements on the FFL still hold true.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  3. #3
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by knight0334 View Post
    I'm pretty sure it will have to be sent to a FFL in MD to complete the transfer.

    The PA FFL was required to add it to his bound book, thus requiring any recipient to be 21yo and a resident of the same state. Even though there really isn't a transfer taking place because you still owned it, federal requirements on the FFL still hold true.
    FWIW, I concur.
    Get your "Guns Save Lives" stickers today! PM for more info.

  4. #4
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    Default Re: Getting my gun back to MD

    if my brain is working it used to be that guns on consignment didnt have to be processed to be given back. after all a gunsmith records repairs in his book if hes keeping the gun for more than a day. but i think that those rules changed.

    call atf. theyll have the real scoop and can give you chapter an verse and explaaining the rules is one of their jobs.

  5. #5
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by PaBimmerGuy View Post
    if my brain is working it used to be that guns on consignment didnt have to be processed to be given back. after all a gunsmith records repairs in his book if hes keeping the gun for more than a day. but i think that those rules changed.

    call atf. theyll have the real scoop and can give you chapter an verse and explaaining the rules is one of their jobs.
    Gunsmiths have a different book for guns in for work. Entries in this book do not require a background check to be returned. Guns placed on consignment are actually 'transferred' to the FFL offering them for sale, thus a check must be completed before they are given to anyone, including the original owner (unless it's being transferred to another FFL or other party otherwise exempt from the background check process).
    Get your "Guns Save Lives" stickers today! PM for more info.

  6. #6
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by arbud View Post
    Put a pistol on consignment in a PA gunshop. I live in MD. It has not sold in what I consider a reasonable time. Plus I have decided to keep it. Can I just walk in and say I want it back or does it have to be sent to an ffl in MD and be transferred there costing me at least 50.00 for the whole damn process. Does anyone know for sure. Thanks
    If you do decide to sell it after all, try listing it on this forum's classifieds

  7. #7
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    Default Re: Getting my gun back to MD

    Here's the scoop, from the BATFE:

    Must a dealer record firearms received on consignment?
    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.


    In this case, as you are not a PA resident, your handgun will have to sent to a FFL in MD and you will then have to abide by MD laws to get it returned to you.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  8. #8
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by gnbrotz View Post
    Gunsmiths have a different book for guns in for work.
    different book? citation?

    xringshooter provided the citation needed. i said the rules may have changed and they did. the last time that i dealt with stuff like htat was when you were in kneepants.
    Last edited by PaBimmerGuy; December 24th, 2010 at 09:19 PM.

  9. #9
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by PaBimmerGuy View Post
    different book? citation?
    From the BATFE:

    Does a gunsmith need to enter in a permanent “bound book” record every firearm received for adjustment or repair?

    If a firearm is brought in for repairs and the owner waits while it is being repaired or if the gunsmith is able to return the firearm to the owner during the same business day, it is not necessary to list the firearm in the “bound book” as an “acquisition.” If the gunsmith has possession of the firearm from one business day to another or longer, the firearm must be recorded as an “acquisition” and a “disposition” in the permanent "bound book" record.

    Is an ATF Form 4473 required when a gunsmith returns a repaired firearm?

    No, provided the firearm is returned to the person from whom it was received.

    [27 CFR 478.124(a)]


    I think that most gunsmiths/dealers have multiple "bound books". I am one of them. Although it is not "required" in many cases it makes it easier to track things for the business. I have my bound book for doing sales and transfers of guns and I have another that I use when I get guns in for repair that will not be immediately (that day) finished. When I get a compliance inspection by the BATFE, I show them both books.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  10. #10
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    Default Re: Getting my gun back to MD

    Quote Originally Posted by Xringshooter View Post
    Does a gunsmith need to enter in a permanent “bound book” record every firearm received for adjustment or repair?
    i knew that and said that. the way that gnbrotz made his comment sounded like gunsmiths have a special book for repairs that was special.

    a bound book is a bound book. there is no distinction. whats important is why the gun was entered into the book.

    I think that most gunsmiths/dealers have multiple "bound books".
    i had one for handguns and one for long guns.
    Last edited by PaBimmerGuy; December 24th, 2010 at 10:07 PM.

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