Spouse hold gun in house

[PK90 3,573]

For the first part, I do believe there is a clause in the statutes that grants you immunity from any criminal charges for possessing a prohibited weapon, or from possessing a weapon outside of the exemptions, provided that you came into possession of the weapon by removing it from an agressor. However, I can't seem to find the statute at the moment.

 

Only for prohibited weapons by the police while on duty.

 

ETA: NJS 2C:39-3g

[vladtepes 1,060]

For the first part, I do believe there is a clause in the statutes that grants you immunity from any criminal charges for possessing a prohibited weapon, or from possessing a weapon outside of the exemptions, provided that you came into possession of the weapon by removing it from an agressor. However, I can't seem to find the statute at the moment.

 

 

nope... like Paul said.. only LEO..

but that is OK.. no need to have such a clause.. because in your home.. an individual can carry about ANY gun..

[Anselmo 87]

Sometimes common sense needs to prevail.

[Qel Hoth 33]

nope... like Paul said.. only LEO..

but that is OK.. no need to have such a clause.. because in your home.. an individual can carry about ANY gun..

 

I'm sorry, but you can not.

 

2C:39-6

 

e.Nothing in subsections b., c. and d. of N.J.S.2C:39-5 shall be construed to prevent a person keeping or carrying about his place of business, residence, premises or other land owned or possessed by him, any firearm, or from carrying the same, in the manner specified in subsection g. of this section, from any place of purchase to his residence or place of business, between his dwelling and his place of business, between one place of business or residence and another when moving, or between his dwelling or place of business and place where such firearms are repaired, for the purpose of repair. For the purposes of this section, a place of business shall be deemed to be a fixed location.

 

2C:39-6e does NOT exempt you from the prohibitons in 2C:39-3, or any other statute than 2C:39-5b, c, or d. If you get caught with anything falling under 2C:39-3a (destructive devices), b (sawed-off shotguns), c (silencers), d (defaced firearms), h (stun guns), j (large capacity magazines), or 2C:39-5f (assault firearms) to include 2C:39-1w(5), you will be going to jail, and you will lose any appeal.

 

(2C:39-1w(5) constructive possession of an AW - possesing a standard AR lower with

a) a collaspable stock

or

b) an AR upper with

1) A threaded barrel

2) a flash supressor

3) a bayonet lug

4) a grenade launcher

 

so long as you posses a lower, a stock, and an upper, with either the stock or upper meeting a) or b) above. It is irrelevant that these parts may not be on the same gun, or even if they are assembled into a weapon. If you possess a non-pistol grip AR with a flash suppressor upper, and that upper is compatible with a standard AR lower you also posses, you constructively posses an AW per AG guidelines as you possess parts to readily assemble an AW.

[PK90 3,573]

:thsmiley_deadhorse: :wild:

[vladtepes 1,060]

I'm sorry, but you can not.

 

 

 

2C:39-6e does NOT exempt you from the prohibitons in 2C:39-3, or any other statute than 2C:39-5b, c, or d. If you get caught with anything falling under 2C:39-3a (destructive devices), b (sawed-off shotguns), c (silencers), d (defaced firearms), h (stun guns), j (large capacity magazines), or 2C:39-5f (assault firearms) to include 2C:39-1w(5), you will be going to jail, and you will lose any appeal.

 

(2C:39-1w(5) constructive possession of an AW - possesing a standard AR lower with

a) a collaspable stock

or

b) an AR upper with

1) A threaded barrel

2) a flash supressor

3) a bayonet lug

4) a grenade launcher

 

so long as you posses a lower, a stock, and an upper, with either the stock or upper meeting a) or b) above. It is irrelevant that these parts may not be on the same gun, or even if they are assembled into a weapon. If you possess a non-pistol grip AR with a flash suppressor upper, and that upper is compatible with a standard AR lower you also posses, you constructively posses an AW per AG guidelines as you possess parts to readily assemble an AW.

 

you are right..

 

if anyone ever breaks into your house.. make sure you assess that the gun is legal before you grab it from them.. because if not you will go to jail for illegal possession...

 

but back to the original point..

 

your spouse can handle your gun.. clear as day..

 

the guns are LEGALLY at the home..

the guns are LEGALLY owned..

there is NOTHING preventing one from handling a spouses gun while in their home.. period.. if you believe there is.. then good luck with it..

 

your post just more supports the original question and answer.. in that the "ANY" is indicative of guns that are legally present.. and not "any" gun.. so like I was saying.. don't ever disarm an attacker.. just run.. and run fast.. I would hate to catch an illegal weapons charge from struggling with an attacker and pulling the gun away from them..

[Dan 177]

If I hand someone a document to look at, am I transferring ownership of it to them? Is even a transfer taking place? This person would mearly be possessing it. If a firearm is handed to someone, or if the firearm is taken from someone, this is not a transfer. Possession exists without a transfer.

 

The statutes specify temporary and ownership types of transfers and have rules for both. That means to hand someone a gun to show it to them, that has to be covered under temporary transfers. If a firearm is handed to you or you take it (aka pick it up), you are either receiving or aquiring it. 2C:58-3 must be satisfied when receiving or aquiring it, says so right in the statutes.

 

The temporary transfer statutes state "The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun..." It is pretty clear that by allowing another person to receive, possess, or carry your gun temporarily, that it is a temporary transfer in the eyes of the law.

[Anselmo 87]

The statutes specify temporary and ownership types of transfers and have rules for both. That means to hand someone a gun to show it to them, that has to be covered under temporary transfers. If a firearm is handed to you or you take it (aka pick it up), you are either receiving or aquiring it. 2C:58-3 must be satisfied when receiving or aquiring it, says so right in the statutes.

 

The temporary transfer statutes state "The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun..." It is pretty clear that by allowing another person to receive, possess, or carry your gun temporarily, that it is a temporary transfer in the eyes of the law.

 

receive, possess, carry and use

 

I see this as one big definition of transfer. In order to transfer a gun to someone there needs to be an expectation to receive, possess, carry and use. Outside the home. When Paul hands me a gun in his shop there is no expectation that I'm going to posess, carry or use the gun. Unless I say "I'll take it." Then Paul and I fill out transfer paperwork. There is no expectation to use a firearm other than hunting or a range so that is why those places are allowable for temporary transfers.

[Dan 177]

you are right.. if anyone ever breaks into your house.. make sure you assess that the gun is legal before you grab it from them.. because if not you will go to jail for illegal possession... but back to the original point.. your spouse can handle your gun.. clear as day.. the guns are LEGALLY at the home.. the guns are LEGALLY owned.. there is NOTHING preventing one from handling a spouses gun while in their home.. period.. if you believe there is.. then good luck with it.. your post just more supports the original question and answer.. in that the "ANY" is indicative of guns that are legally present.. and not "any" gun.. so like I was saying.. don't ever disarm an attacker.. just run.. and run fast.. I would hate to catch an illegal weapons charge from struggling with an attacker and pulling the gun away from them..

 

Vlad, I think you are mixing emotions with what the law says. I agree, if my life depended on it, the last thing i'm going to think about before disarming a bad guy and using his gun against him is whether or not i'm meeting NJ's gun laws.

 

But the bottom line is your logic falls apart with my previous tests. With your interpretation, any gun that you come into possession in your own home, is now legal for you to keep no matter what, because it is "any" gun.

 

The fact is there are other statutes that override the exemptions such as those related to the disposition of guns, as 2C:58-3 regarding how a person can come into possession of a gun. For instance, as I think the other poster was saying, you cant use the "possess and carry any gun" by saying you are legal to own machine guns or other guns that are prohibited , as in the AW banned list or evil feature list fitting guns.

[vladtepes 1,060]

The statutes specify temporary and ownership types of transfers and have rules for both. That means to hand someone a gun to show it to them, that has to be covered under temporary transfers. If a firearm is handed to you or you take it (aka pick it up), you are either receiving or aquiring it. 2C:58-3 must be satisfied when receiving or aquiring it, says so right in the statutes.

 

The temporary transfer statutes state "The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun..." It is pretty clear that by allowing another person to receive, possess, or carry your gun temporarily, that it is a temporary transfer in the eyes of the law.

 

you have to include the entire statement..

 

if you JUST use the first part.. the one you posted.. then there is NO provision as to WHERE that could occur..

 

1. a. Notwithstanding the provisions of N.J.S.2C:39-9, N.J.S.2C:58-2, N.J.S.2C:58- 3 or any other statute to the contrary concerning the transfer or disposition of firearms, the legal owner, or a dealer licensed under N.J.S.2C:58-2, may temporarily transfer a handgun, rifle or shotgun to another person who is 18 years of age or older, whether or not the person receiving the firearm holds a firearms purchaser identification card or a permit to carry a handgun.

 

the legal owner OR dealer... meaning ME the legal owner can temporary transfer.. blah blah..

 

BUT it THEN goes on to talk about all the where it can happen.. and does NOT mention "gun shop" that I see at least?

 

The person to whom a handgun, rifle or shotgun is temporarily transferred by the legal owner of the firearm or a licensed dealer may receive, possess, carry and use that handgun, rifle or shotgun, if the transfer is made upon a firing range operated by a licensed dealer, by a law enforcement agency, a legally recognized military organization or a rifle or pistol club which has filed a copy of its charter with the superintendent and annually submits to the superintendent a list of its members and if the firearm is received, possessed, carried and used for the sole purpose of target practice, trap or skeet shooting, or competition upon that firing range or instruction and training at any location. A transfer under this subsection shall be for not more than eight consecutive hours in any 24-hour period and may be made for a set fee or an hourly charge. The firearm shall be handled and used by the person to whom it is temporarily transferred only in the actual presence or under the direct supervision of the legal owner of the firearm, the dealer who transferred the firearm or any other person competent to supervise the handling and use of firearms and authorized to act for that purpose by the legal owner or licensed dealer. The legal owner of the firearm or the licensed dealer shall be on the premises or the property of the firing range during the entire time that the firearm is in the possession of the person to whom it is temporarily

transferred. The term "legal owner" as used in this subsection means a natural person and does not include an organization, commercial enterprise, or a licensed manufacturer, wholesaler or dealer of firearms.

[Dan 177]

you have to include the entire statement..

 

if you JUST use the first part.. the one you posted.. then there is NO provision as to WHERE that could occur..

 

 

 

the legal owner OR dealer... meaning ME the legal owner can temporary transfer.. blah blah..

 

BUT it THEN goes on to talk about all the where it can happen.. and does NOT mention "gun shop" that I see at least?

 

I was just demonstrating that Paul's example around handing a document to somone, that is it really a transfer. I'm showing that in the eye's of NJ law regarding firearms... handing someone a gun to look at constitutes A type of transfer. As in temporary or ownership(purchase/gift, etc) transfers.

[vladtepes 1,060]

Vlad, I think you are mixing emotions with what the law says. I agree, if my life depended on it, the last thing i'm going to think about before disarming a bad guy and using his gun against him is whether or not i'm meeting NJ's gun laws.

 

But the bottom line is your logic falls apart with my previous tests. With your interpretation, any gun that you come into possession in your own home, is now legal for you to keep no matter what, because it is "any" gun.

 

The fact is there are other statutes that override the exemptions such as those related to the disposition of guns, as 2C:58-3 regarding how a person can come into possession of a gun. For instance, as I think the other poster was saying, you cant use the "possess and carry any gun" by saying you are legal to own machine guns or other guns that are prohibited , as in the AW banned list or evil feature list fitting guns.

 

there is a difference between carrying about.. and owning.. carrying about is exactly that.. carrying about..

 

the gun is LEGALLY at the residence...

then the person living at the residence can carry said gun..

 

the gun did not illegally get there..

 

how did the gun get there? the owner of the gun lives there..

why did you pick up the gun? because the law says nothing will prohibit me from carrying any gun about my place of residence..

 

maybe the "any" is "any" gun that is not otherwise prohibited.. but at any rate.. it sure as hell is not referring to guns that are legally there.. like a spouses gun.. I admit the whole machine gun.. sawed off shotgun thing was VERY off track..

 

the point still being.. a gun that is legally in the home or.. not otherwise prohibited from being there.. can be carried about your residence..

[Dan 177]

there is a difference between carrying about.. and owning.. carrying about is exactly that.. carrying about..

 

the gun is LEGALLY at the residence...

then the person living at the residence can carry said gun..

 

the gun did not illegally get there..

 

how did the gun get there? the owner of the gun lives there..

why did you pick up the gun? because the law says nothing will prohibit me from carrying any gun about my place of residence..

 

maybe the "any" is "any" gun that is not otherwise prohibited.. but at any rate.. it sure as hell is not referring to guns that are legally there.. like a spouses gun.. I admit the whole machine gun.. sawed off shotgun thing was VERY off track..

 

the point still being.. a gun that is legally in the home or.. not otherwise prohibited from being there.. can be carried about your residence..

 

So if i bring a rifle to your house (i have a FID)... I can then hand it to you, and leave... then you can carry it around your house all you want legally? Or do I need to be there since I'm the real owner? If so why would I need to be there since you are legal in your own house with any gun that legally arrived at your house?

[vladtepes 1,060]

I was just demonstrating that Paul's example around handing a document to somone, that is it really a transfer. I'm showing that in the eye's of NJ law regarding firearms... handing someone a gun to look at constitutes A type of transfer. As in temporary or ownership(purchase/gift, etc) transfers.

 

I think you are splitting hairs.. there is no logical difference between me handing you a gun in my house to hold.. which people were arguing is illegal.. and Paul handing you a gun to hold at the shop.. you are handing someone a gun.. period.. to say oh well in one instance it is ok but not in the other..

 

the whole thing started by someone saying "In NJ your spouse can't hold your gun"

[Dan 177]

Whats the difference of your spouse handing you her gun, or a friend handing you his gun in your home. The laws don't stipulate if someone lives there or not, or if you are married. The fact is that you are aquiring or receiving somone elses gun, 2C:58-3 and its subsections on temporary transfers govern how a gun can be handed to or picked up by someone else who is not the legal owner.

[vladtepes 1,060]

So if i bring a rifle to your house (i have a FID)... I can then hand it to you, and leave... then you can carry it around your house all you want legally? Or do I need to be there since I'm the real owner? If so why would I need to be there since you are legal in your own house with any gun that legally arrived at your house?

 

the gun does not belong there.. you do not live there.. you can't transfer me a gun unless it is a temporary transfer.. but sure you could hand me a long gun at my house? I can handle a long gun legally? you can be at my home legally? the problem would be when you leave and leave the gun with me.. at that point you are GIVING me the gun.. as opposed to me handling it while you are there.. there is an obvious difference to me..

 

the legal owner of gun 1 resides at house A

gun 1 is stored at house A

wife of legal owner handles gun while in house A

 

to me that satisfies the law.. it is a non prohibited gun.. that is at an exempted location.. being handled in accordance with the law stating you can carry any gun around your residence (assuming that you are all correct in that it would be a non prohibited gun)..

 

the legal owner of gun 1 lives at house A

he goes to house b and the owner of house b handles gun 1 while the owner is present...

 

legal for the same reason.. assuming it is a long gun..

 

the owner is present.. ownership of the gun has not changed.. I am simply handling the gun in my home which the law states I can do..

the second you leave.. I believe it changes because at that point the intent would be questionable.. how could you establish that you were not transferring without COE.. as long as the original owner is present.. then there is no need to question the intent?

[vladtepes 1,060]

Whats the difference of your spouse handing you her gun, or a friend handing you his gun in your home. The laws don't stipulate if someone lives there or not, or if you are married. The fact is that you are aquiring or receiving somone elses gun, 2C:58-3 and its subsections on temporary transfers govern how a gun can be handed to or picked up by someone else who is not the legal owner.

 

where does the law say that a dealer can do a temporary transfer at a gun shop even for 2 seconds to look at a gun.. the law does not say that in detail anywhere..

[Dan 177]

Oh and technically in a gun shop/dealer... if that gunshop/dealer does not have a firing range... the person "looking" at guns and handling them must have an FID for long guns and a PP for handguns before they can be temporarily xfered for fondling.

 

2C:58-3. a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

[Qel Hoth 33]

I don't think anyone is saying that they WOULDN'T use a spouses gun for self defense. The debate in question is entirely logical, not practical.

 

However, under 2C:58-3, I would still argue that it would be illegal for one's spouse to possess the other spouse's weapon.

 

2C:58-3. a. Permit to purchase a handgun. No person shall sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

Picking a weapon up off the ground would most certainly fall under "or otherwise aquire," and if such weapon is a handgun, it is illegal to aquire without first having a permit to purchase.

 

2C:58-3 bFirearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.

 

So, unless you go through the FTF transfer process it would still be illegal to handle a spouse's long arm. And if you DO go through the FTF it would be illegal for the original owner to handle the firearm.

 

Now, I highly doubt that even in NJ a weapon that is legally present in a house which is used by a person who would otherwise be permitted to own and use weapons of his or her own in the same place, and such use is justified by the courts, would be charged under 2C:58-3. However, the possibility is present.

[vladtepes 1,060]

Oh and technically in a gun shop/dealer... if that gunshop/dealer does not have a firing range... the person "looking" at guns and handling them must have an FID for long guns and a PP for handguns before they can be temporarily xfered for fondling.

 

2C:58-3. a............ nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

 

so does that mean I need a pistol purchase before I can even TOUCH a gun in a gun shop.. so EVERY time you handle a pistol in a gun shop you must first acquire a pistol permit.. LOL

 

it is obvious at this point there is a lot of cut and paste guessing.. because that is OBVIOUSLY not practice..

 

Now, I highly doubt that even in NJ a weapon that is legally present in a house which is used by a person who would otherwise be permitted to own and use weapons of his or her own in the same place, and such use is justified by the courts, would be charged under 2C:58-3. ...

 

and that really is the bottom line..

[TJW 4]

I posted this in the other thread about the topic, but the more you skew the fact patterns, the more difficult it will be to decide which laws oversee the situation. Case in point, if your spouse uses your weapon to defend herself in an emergency/life death situation, although technically it may be an illegal transfer (I'll continue to let you debate) there are other laws the discuss what your defenses to an illegal transfer taking place in this situation are. There is a jutifiable defense called "duress" which basically allows you to break the law in the event of your own self preservation or defense of others in your family, which you normally would not do if not for the threat created on you or your family member's lives. That being said, no prosecutor would ever file these charges if you were attacked and even if done, no defense attorney worth his charges couldn't get you off of these charges. The driving force behind using this as your defense would be that you feared for your life/safety. In this instance, your wife could and should grab your weapon if it is an option to protect either her life or the lives of others in your home.

[Dan 177]

I posted this in the other thread about the topic, but the more you skew the fact patterns, the more difficult it will be to decide which laws oversee the situation. Case in point, if your spouse uses your weapon to defend herself in an emergency/life death situation, although technically it may be an illegal transfer (I'll continue to let you debate) there are other laws the discuss what your defenses to an illegal transfer taking place in this situation are. There is a jutifiable defense called "duress" which basically allows you to break the law in the event of your own self preservation or defense of others in your family, which you normally would not do if not for the threat created on you or your family member's lives. That being said, no prosecutor would ever file these charges if you were attacked and even if done, no defense attorney worth his charges couldn't get you off of these charges. The driving force behind using this as your defense would be that you feared for your life/safety. In this instance, your wife could and should grab your weapon if it is an option to protect either her life or the lives of others in your home.

 

I've said this before, that it would be highly unlikely that anyone would be prosecuted for using a spouse's gun to defend yourself from a life threatening situation. On the other hand, non-life threatening situations are also being discussed, as in a wife picking up a husband's gun to just look at it.

[Dan 177]

so does that mean I need a pistol purchase before I can even TOUCH a gun in a gun shop.. so EVERY time you handle a pistol in a gun shop you must first acquire a pistol permit.. LOL

 

Laugh all you want, but that's what the law states. I've been asked to show my FID to look at rifles before, and I've been asked to see my PP before handling pistols. In practice, it is random , and in many cases, if you know the dealer they stop asking for either. Chances are 99% of the time even if a LEO was in the shop at the same time that it would not trigger an arrest or investigation. The same would most likely apply if a LEO was in your house and saw you hand your wife your gun. Selective enforcement at play. Just because a cop can watch everyone drive by at 70 in a 65 zone all day doesn't make it legal.

[PK90 3,573]

Gentlemen,

 

Chew on this scenario for awhile:

 

One takes his handgun into a gun shop to have new sights installed on it. The gun is left overnight. The dealer logs the handgun into his A&D book. The sights are installed at a later time. The owner returns to pick up his handgun. The gun is logged out of the book and the owner leaves with his handgun. No NICS are done per Federal Law and no Permit is required per NJ Law.

 

Has a transfer taken place?

Did ownership change?

Did the dealer break any laws?

Did the handgun owner break any laws?

[vladtepes 1,060]

Gentlemen,

 

Chew on this scenario for awhile:

 

 

 

Has a transfer taken place?

Did ownership change?

Did the dealer break any laws?

Did the handgun owner break any laws?

 

both are guilty.. illegal transfer..

[TJW 4]

I've said this before, that it would be highly unlikely that anyone would be prosecuted for using a spouse's gun to defend yourself from a life threatening situation. On the other hand, non-life threatening situations are also being discussed, as in a wife picking up a husband's gun to just look at it.

 

I totally get what you are saying; however, it still comes down to using exact fact patterns, and then being practical in the debate. So, I'm in my house, I hand my wife my unloaded weapon, she dry fires, she fiddles around with it, she breaks it down, cleans it, pretends to be Dirty Harry, even flips it around like a high-schooler in the color guard! Pray tell, how any form of law enforcement will practically be able to bring the charges of an illegal transfer? You may technically legally be correct by the letter of the law, but outside of doing something completely negligent with a loaded weapon resulting in a discharge that brings the police to your door with probable cause, practically, no law enforcement agency would ever find out if your spounse was simply handling your weapon in your home. If everyone applies to the appropriate safety rules, again, the only thing that will bring a law enforcement agency to your door would be your spouse using a weapon in defense of her life, which she's protected by the law to do. To me, it seems impractical to even be arguing these points. If we are all this worried about the letter of the law, surely we are even more worried about properly handling a weapon and ensuring that safety is paramount and not handing any loaded weapon to anyone in our homes in a manner that would bring the law to your front door..

[Dan 177]

Gentlemen,

 

Chew on this scenario for awhile:

 

Quote

 

One takes his handgun into a gun shop to have new sights installed on it. The gun is left overnight. The dealer logs the handgun into his A&D book. The sights are installed at a later time. The owner returns to pick up his handgun. The gun is logged out of the book and the owner leaves with his handgun. No NICS are done per Federal Law and no Permit is required per NJ Law.

 

 

Has a transfer taken place?

Did ownership change?

Did the dealer break any laws?

Did the handgun owner break any laws?

 

 

This scenario is covered by the Gun Control Act of 1968. Federal law permits dealers to receive and return guns to their original owner, this supercede's state and local laws.

 

 

Gun Control Act 1968

Sec. 922 Unlawful acts

(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received;and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

 

Also federal law dictates how guns are transfered from federally licensed dealers for purposes of repair, superceding state law.

 

http://www.atf.gov/f...html#atf-f-4473

 

Q: 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)]

 

Q: 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.