Gunsmiths and 4473 question

I aquired all my customized 1911s years ago, so have all I need,...until now. I wish to have a wide-body 1911 done up right. But I made a dedication in 92' that I would no longer have anything 'on paper' (or in other words, would never conduct another firearms transaction that would be recorded in any way). All the guns I have bought since then, I bought used from other individuals. Here in Arizona, as there is no requirement that such private transactions be recorded or approved, I have been happily able to still acquire everything I was in the market to buy (although I may have to make an exception for the Barrett, as they don't get advertized in my local classifieds every day). I have the wide-body 1911 I intend to have customized. I have selected the skilled artisan who I would have do the work. But now, a question. In the past when I picked up my handguns from my gunsmith of choice after they were left there to be worked on, I had to fill out a new 4473 as if I were purchasing the gun all over again. But that was before Brady. My worry now is that I must also have my name submitted for a search before I can have my gun released to me. Not that it is a problem of not getting cleared, but it is a separate entry of my data above and beyond the 4473 itself. My artisan of choice is my choice because (among other considerations) I know how he sabotages his 4473s so that they are actually quite worthless as a long-term retrievable archive. So, really, my only concern is the record of the transaction produced by the Brady check. So, my question is: Are Brady checks REQUIRED when a gunsmith releases property to its rightfull prior owner who brought the piece to him to work on? (I have a solution if the answer is yes, but I cannot discuss it here or ever admit to knowing of it.) Anyone have any suggestions (other than get the smithing videos for the 1911 series and do it myself)?

# I have the wide-body 1911 I intend to have customized. I have # selected the skilled artisan who I would have do the work. But now, a # question. # In the past when I picked up my handguns from my gunsmith of # choice after they were left there to be worked on, I had to fill out a # new 4473 as if I were purchasing the gun all over again. But that was # before Brady. My worry now is that I must also have my name submitted # for a search before I can have my gun released to me. Not that it is a # problem of not getting cleared, but it is a separate entry of my data # above and beyond the 4473 itself. My artisan of choice is my choice # because (among other considerations) I know how he sabotages his 4473s # so that they are actually quite worthless as a long-term retrievable # archive. So, really, my only concern is the record of the transaction # produced by the Brady check. # So, my question is: Are Brady checks REQUIRED when a gunsmith # releases property to its rightfull prior owner who brought the piece # to him to work on?

Your 'artisan of choice' does not seem to understand the paperwork.

#From the ATF FAQ ( http://www.atf.treas.gov/firearms/faq/faq2.htm )

(I2) 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. [27 CFR 178.125( e)]

(I3) Is ATF Form 4473 required when a gunsmith returns a repaired firearm?

No, provided the firearm is returned to the person from whom received. [27 CFR 178.124( a)]

(I7) Is a licensed gunsmith's return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees?

No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms. (See also Question P25.) [18 U. S. C. 922( d), 27 CFR 178.32( d)]

Carl Vickery

# So, my question is: Are Brady checks REQUIRED when a gunsmith # releases property to its rightfull prior owner who brought the piece # to him to work on? # (I have a solution if the answer is yes, but I cannot discuss it here # or ever admit to knowing of it.) Anyone have any suggestions (other # than get the smithing videos for the 1911 series and do it myself)?

I read somewhere recently (might have been the ATF firearms FAQ) that if the gunsmith doesn't have the gun overnight then a transfer to him hasn't happened and he doesn't have to do the check or 4473 when he returns it to you. If your chosen smith is nearby that may be an option.

Best, wes

The following is from the BATF webpage. Looks like they have you. First, even if the 4473 is not filled out, the gunsmith must enter a record in a permanent bound book