A question for the lawyers among you...

**Voolfie** · October 25th, 2010, 10:35 PM

It is my understanding that according to current PA law - if I leave a gun on consignment at a gun shop and the gun doesn't sell - if I want to take it back, I must undergo and pass the NICS/PICS background check to get it back.

What about a gun I leave for gunsmithing/repairs?

If a Pennsylvania FFL holder has to put a consignor's gun in his "Book" when he takes possession of it, why does he not have to do the same thing for a gun left for repair?

Inquiring minds and all that.

-V

**Pa. Patriot** · October 25th, 2010, 10:58 PM

Originally Posted by Voolfie

What about a gun I leave for gunsmithing/repairs?

No.

Originally Posted by Voolfie

If a Pennsylvania FFL holder has to put a consignor's gun in his "Book" when he takes possession of it, why does he not have to do the same thing for a gun left for repair?

Because the federal law says so

Repairs go in a separate book. Since no transfer of ownership has occurred there is no paperwork to pick it up.
Fed regs require consignments be logged into the FFL's "sales" book, which is a transfer.

**Voolfie** · October 26th, 2010, 09:06 AM

PA Patriot...thanks.

I just found it 'odd' that, while no transfer takes place in either case, in one instance I have to undergo the check and in the other I don't.

-V

**johnnysquire** · October 26th, 2010, 09:25 AM

Originally Posted by Voolfie

I just found it 'odd' that, while no transfer takes place in either case, in one instance I have to undergo the check and in the other I don't.

Law school was a long time ago, but the difference is that leaving the gun for repair is a "bailment" rather than a "consignment". A bailment is typically defined to be for some purpose - repair, in your question. Upon completion of the purpose, the bailee (gunsmith) has an obligation to return the goods. With a consignment, title to the property remains with the consignor, but passes through the consignee merchant to the buyer when they conclude a sale. So while you haven't yet transferred the gun, you (as the consignor) have done everything necessary for the title to change hands - the other steps are out of your hands.

Bottom line - a consignment is a transfer waiting to happen, but a bailment is no transfer at all.