Ffl ?

[Boriqua]

Hey Guys

Someone brought this up on a gun forum and I thought I would ask here. If someone comes to you with a specialty request.."can you make me a holster for a gun that has this nifty attachment thing" .. the only way you can accomplish the build is with the gun in hand do you need to have an FFL to accept the gun for the time needed to make the holster for it?

[camano ridge]

My suggestion is to call your local ATF office and ask them, get their answer in writing if you can. That is what I did. My understanding is no you don't. How ever I don't give out legal advice and use my understanding of wha ti was told for my own purposes.Te problem with laws is that they are open to interpetation. One agent from one office may tell you one thing but an other office might tellyou something else. I was told that the gun is not changing ownership. My understanding of things suchas Pawnshops they are licensed to trade guns and when they give a loan for a gun that has been pawned they are virtually buying the gun then selling it back hence a change of owner ship. Again this is my understanding and interpitation. That does not mean that you may not be held liable if something happens to or with that gun while in your possession. Again please don't take my word for it call the ATF and get your answer form them.

[Chief31794]

X2 on above, however, I wouldn't think so, I'm not selling weapons nor owning more than allowed without a FFL so I am not too concerned about it and I won't make a holster without the weapon in hand.

Chief

Edited April 16, 2014 by Chief31794

[AndyN]

It's not just an ATF issue. Laws vary from state to state as well. For example, I live in PA and my understanding of state law is that a private individual who isn't in the business of selling firearms can sell, loan or give away a long gun without any kind of transfer paperwork, but any transfer of a handgun must be done through an FFL.

If you have a local gun store with employees you trust, they might be able to tell you how the law feels about a non-FFL holding onto someone else's gun for a few days. I think the only way you're going to get a real solid legal answer though would be to pay a lawyer for advice.

[Stitch Dex Holsters]

Let me start this out with the normal disclaimer: Always go to the ATF and check for yourself.

Now with that said I have investigated this exact question heavily in the past. What I found was, there are strict rules when it comes to receiving a firearm. To make a long story short, legally you cannot take someone’s gun into your possession unless you are a FFL. You need to log the gun in….yadda yadda.. the one exception I could find was if the owner of the firearm was there with you, you were good to go. I know that’s not what you wanted to hear (I felt the same way) and believe me I tried to find any loop hole. If you do find one please let me know.

Edit>>>One of the big reasons I was told was, If you take that persons gun out and commit a crime OR he has committed a crime with that gun. so on and so on You can see it is a never ending trap!

Edited April 17, 2014 by Stitch Dex Holsters

[Matt Alsaker]

Check out this thread...

http://leatherworker.net/forum/index.php?showtopic=44142&hl=transfer#entry276223

[BDAZ]

I am a former FFL holder and I don't believe you require one to take temporary possession of a firearm for either service or other purposes, however, depending on the weapon and your state, there may be regulations that you would transgress.

BUT, this is Arizona! As long as the weapon is not crossing state lines, and being hand delivered to your premises, there shouldn't be an issue.I shipped a gun to Ruger in Prescott last year via UPS which they returned also by UPS. No FLL involved.

BTW I was in Glendale yesterday..stopped in at Cabellas.

Cya!

Bob

Edited April 18, 2014 by BDAZ

[Lobo]

When engaging in activities that might bring about felony convictions, prison terms, and six-figure fines an abundance of caution seems to be called for. I don't think that I will place all of my reliance on what some BATFE employee tells me (even if in writing), or what my local FFL dealer tells me, or even on some lawyer's opinion of the applicable laws.

Whenever a firearm changes hands between two persons across state lines there is a strong possibility that it will be construed as a transfer subject to the Gun Control Act of 1968. For this reason I will not accept delivery of a firearm from outside my state without utilizing the services of a FFL holder to document the transaction, perform the required background check, etc. Likewise, on the return leg of the trip the firearm would go to a FFL holder for transfer back to the owner.

Here in Colorado legislation was passed last year requiring background checks for transfers between individuals, the only exceptions being transfers between members of an immediate family (father to son, etc). Now even when a local customer wants me to make a holster for his handgun I have him bring the handgun to my shop for patterning, then bring it again for fitting, and the customer does not leave the premises without taking the handgun with him.

There are other issues involved that deserve some thought. Who is responsible for loss or damage in transit? What about loss or damage while the firearm is under your control? Do you carry business insurance (your homeowners policy certainly won't cover business activities), and if so what are the deductible amounts, and who will be responsible for the deductible? What do you have for on-site security (safe, alarm system, etc)?

I can envision any number of distasteful scenarios. Someone owning a high-value handgun accidentally damages the piece, then arranges to send it off to a holster maker to have a new holster made, and when getting his gun back screams bloody murder and demands payment for replacement value of his pistol. It might be a custom hand-made one-of-a-kind competition pistol, it might be a valuable antique, it might be a rare collectible piece; whatever it is it might be worth the profits from 50 or 100 holsters.

There might be many good reasons to just say "No, thank you".

[BDAZ]

The difference is that someone could walk in and drop off an ounce of pot for a custom pouch in CO and you wouldn't have to worry about it. Here in AZ, we'll take the gun instead.

Of course your concern about receiving a damaged gun can be covered by a waiver and an arrival inspection. If it's an interstate shipment then the FFL can provide an independent inspection coming and going. Of course that same problem could happen with any article, shipped to your premises for fitting.

There's always a few bad apples out there but I can't believe it is a regular occurrence in the holster trade...

Cya!

[TexasJack]

Amazing.

So much paranoia about the way the government might screw with you while you make a holster.

All these people afraid (and confused!) by the supposed "Government of the people, by the people, and for the people" and yet we can't get anybody together to try to put the same government back into the control of the voters.

Very sad.