ATF Ruling 1977-1 — Gunsmithing at Shooting Events

27 CFR 178.121: GENERAL (RECORDS) The recordkeeping requirements for licensed gunsmiths are clarified. ATF Rul. 73-13 amplified. ATF Rul. 77-1 [Status of ruling: Active; Amplified ATF Rul. 73-13] The Bureau of Alcohol, Tobacco and Firearms has received several requests for a clarification as to the authorized activities of and recordkeeping requirements for licensed gunsmiths. It has specifically come to our attention that several gunsmiths desire to do on-the-spot repairs at organized shooting events. It has also come to our attention that several gunsmiths are uncertain as to what transactions are exempt from the recordkeeping requirements. ATF Ruling 73-13, 1973 ATF C.B. 92, held that a licensed gunsmith must maintain the required records as specified in 27 CFR 178.121 et seq., and if a gunsmith engages in the business of buying and selling firearms, he must record these transactions on a Form 4473 (Firearms Transaction Record) for each sale. However, as provided in section 178.124(a), a Form 4473 is not required to record the disposition made of a firearm delivered to a gunsmith for repair or customizing when the firearm is returned to the person from whom received. The Bureau recognizes the necessity for having on-the-spot repairs made to firearms at skeet, trap, target, and similar organized events. It is, therefore, held that licensed gunsmiths may make immediate on-the-spot repairs to firearms at skeet, trap, target, and similar organized shooting events. Held further, a licensed gunsmith must enter into his bound acquisition and disposition record, required to be maintained by 27 CFR 178.125(e), each receipt and disposition of firearms, except that a firearm need not be entered in the bound acquisition and disposition record if the firearm is brought in for adjustment or repair and the owner waits while it is being adjusted or repaired or if the gunsmith returns the firearm to the owner during the same business day it is brought in. If the firearm is retained from one business day to another or longer, it must be recorded in the bound acquisition and disposition record. Held further, a licensed gunsmith is not required to prepare a Form 4473 (Firearms Transaction Record) where a firearm is delivered to him for the sole purpose of customizing, adjustment, or repair and the firearm is returned to the person from whom received. However, if a licensed gunsmith engages in the business of selling firearms, he must record these transactions on a Form 4473 for each sale in addition to maintaining the bound firearms acquisition and disposition record required by 27 CFR 178.125(e). ATF Rul. 73-13, 1973 ATF C.B. 92, is hereby amplified.