Receiver/parts build need FFL for transfer?

[Slick]

I sent off my SW receiver and parts to an assembler (shipped everything from my address) for a build as a pistol.

Now I am being told it needs to be returned to a FFL in my locale. I have always thought that it could be sent directly back to me. Before I politely question this with them, I just wanted to make sure there hadn't been any rule change by ATF or some other factor I was not aware of.

Does "assembling" now constitute "manufacturing" or something like that? Or can I indeed receive the completed gun directly myself?

Thanks for any help.

[Obiefox]

Hmmmm.... I know some things have changed recently due to ATF ruling 2010-1 with regards to temporary assignment of title 1 firearms, but I don't see how that would apply in any way here.

You bought a SW receiver which shipped to you as a serialized "pistol" via an FFL. You then sent your pistol out to someone to perform work on it and they are simply sending it back. I have done this many times and the pistol was sent directly back to me.

[FRANK]

Ya. It does NOT have to go thru the 4473 AGAIN....... Youve already done it once, the firearm was simply "being worked on"
Ive had the same issue once before, & had to explain the same thing to the "smith"....
whom finally understood that i did just like you did & sent reciever & all to him in the same box, he just put the parts on it ...
good luck !

[snipersubsonic]

you bought it and was papered as a "receiver" on the form. now its a pistol. so i dont. it has changed status but i wouldnt think it would need to go to a ffl.
Jeremy

[DJF]

slick,
You got pm!
Dj

[scottinthegrove]

If the "smith" has a question about sending your receiver back you you, refer him to the FFL who originally transferred the receiver to you. Your dealer should be able to confirm that there is a 4473 with your name and the SW receiver with that serial # on it.

At least what I got from an article in Guns and Ammo was that the change with the BATF&E has to do with the transfer of a Title I firearm to a Journalist. According to the article, some manufacturers would ship Title I firearms directly to a Journalist for a review of that firearm. Since the firearm was still the property of the manufacturer, after evaluation, the firearm was shipped back to the manufacturer. Typically when the ownership of a firearm to a non licensed individual in another state, a 4473 and background check must be completed. Uptil now it seems that the Journalists and some manufacturers weren't following this procedure.

My guess would be that during the time that a Journalist had a manufacturer's firearm for evaluation, someone stole that firearm. Then it was used in the commission of a crime. Whoever gave/sold the firearm to the defendant could just say that he bought it locally. There would be no proof that the firearm was stolen since it was not legally transferred from the manufacturer.

This ruling doesn't effect firearms that have actually been transferred. Again, I would ask the "smith" to check with your dealer for proof of the existing 4473. That should be enough to satisfy him. If not ask him if a SW receiver is a firearm. If he says no, ask him to order a couple of receivers from Tactical Weapons (they are having a summer sale) and have them drop shipped to your house. I would think he'd understand that that receiver is a firearm and is your property. Once you have filled out a 4473 and been cleared, you are the owner of that firearm, at least in the Government's eyes.

It is my understanding that you can send a Title I firearm directly back to the original manufacturer, have them file a Form 2 to make that firearm a SBR, then transfer that firearm directly back to you. A set of the usual Form 4 paperwork must be filled out. If you live in a different state the manufacturer must also include a letter explaining that the original Title I firearm was your property. The manufacturer simply changed the configuration. There was no ownership change. If that change is okay, why wouldn't shipping your receiver with a change in configuration (from bare receiver to pistol) be legal? This is just my opinion. I am not a lawyer, nor do I play one on TV. YMMV. Good luck with your transfer problem.

Scott