See Below or Attached
Find attached: Orchid FFLPP Dlr-06 Return and Repair Sample Policy
Version: 1 2021.07.20
Dealer-06
Sample Policy
User Agreement and Disclaimer:
Document Title | Firearm Returns & Repairs | ||
Owner | Effective Date | Revision # | Policy Number |
[Owner/President/Management] | Current | 0 | Dlr-06 |
1. POLICY
a. Overview
· This document specifies the procedures for:
- Proper recording of firearm repairs in required records
- Proper recording of disposition transactions of repair or replacement firearms
- Proper methods to transfer repaired or replacement firearms
· Firearms brought into the FFL for repair must be logged into the Book of Acquisition and Disposition as an acquisition, if staying overnight. Refer to Policy Dlr-01.
· Firearms returned to customers (non-licensees) after repair may be returned to the same customer who brought the firearm in without completion of a Form 4473 and NICS check. If someone other than the original customer is retrieving the firearm an ATF Form 4473 and NICS background check must be completed. Refer to Policy Dlr-02.
· Firearms may be replaced in lieu of repair without a Form 4473 and NICS check provided that the replacement firearm is of the same kind and type (same manufacturer, model/sub-model, and caliber).
· Firearms may be replaced in lieu of a repair with a different firearm provided that the customer completes a Form 4473 transfer and passes a NICS background check (or is exempt per regulation; Refer to Policy Dlr-02).
b. Applicable Regulations and Forms
· A&D Book
· ATF Form 4473
· Report of Multiple Sale or Other Disposition of Pistols and Revolvers
· Report of Multiple Sale of Certain Rifles
· 27 CFR 478.124
· 27 CFR 478.147
2. PROCEDURE
· When a customer arrives with a firearm to be repaired or returned, refer the customer to [employee or department tbd by company] for repairs, or [employee or department tbd by company] for replacements.
a. Repairs
· [employee or department tbd by company] shall ask the customer what repairs are requested.
· [employee or department tbd by company] shall perform an initial evaluation of the firearm and inform the customer whether the repair can be performed same-day, or whether the firearm will need to be retained for a period of time. If the firearm can be repaired and the customer can pick it up same day, refer to “Same Day Repair and Pickup” process below. If the firearm cannot be picked up the same day, or the repair will take longer than one day, refer to “Different Day Repair or Pickup” below.
· Same Day Repair and Pickup
- Advise the customer the firearm will be ready for pickup before close of business. Ask customer whether they will pick up the firearm or whether they will send another person to pick up the firearm. Follow applicable process below.
· Same customer:
o Attach a notification to the firearm that identifies the customer.
o Place the firearm in queue for repair.
o Once the firearm is repaired, contact the customer to come obtain their firearm.
o When the customer arrives, verify their ID.
o No Acquisition or Disposition on the A&D Book, or Form 4473 or NICS background check are required.
· Different person:
o Acquire the firearm on the A&D Book. Obtain identification of the customer dropping off the firearm and record details in the A&D Book. Attach a notification to the firearm that identifies the person who will be picking up the firearm.
o Place the firearm in queue for repair.
o Once the firearm is repaired, contact the customer to send their representative to pick up the firearm.
o Have the customer’s representative complete a Form 4473, inspect their identification, and perform a NICS background check (Q.11a is not answered). Refer to Dlr-02.
o Dispose of the firearm in the A&D Book to the transferee.
o If there is anything suspicious about any transfer to a person picking up the firearm on behalf of a customer who dropped off a firearm for repair, tell the customer to hold and notify [employee or department tbd by company]immediately.
· Different Day Repair or Pickup
- If the repair cannot be made by the close of business and/or the customer cannot pick the firearm up before close of business on the day in which the firearm was dropped off, the firearm shall be immediately Acquired in the A&D Book. Obtain the ID of the customer and record the details in the A&D Book. Refer to Policy Dlr-01.
- Attach a notification to the firearm that identifies the customer.
- Place the firearm in queue for repair.
- Once the firearm is repaired, contact the customer to come obtain their firearm and ask if they will be obtaining the firearm or they will be sending someone on their behalf. Follow applicable process below.
· Same customer:
o Verify the customer’s ID.
o No Form 4473 or NICS background check is required.
o Dispose of the firearm to the customer in the A&D Book using the details on their identification document(s). Refer to Policy Dlr-01.
· Different person:
o Have the customer’s representative complete a Form 4473, inspect their identification, and perform a NICS background check (Q. 11a is not answered). Refer to Policy Dlr-02.
o Upon successful completion of the NICS background check, Dispose of the firearm in the A&D Book to the transferee. Refer to Policy Dlr-01.
o If there is anything suspicious about any transfer to a person picking up the firearm on behalf of a customer who dropped off a firearm for repair, tell the customer to hold and notify [employee or department tbd by company]immediately.
b. Replacements
· All replacements must be approved by [employee or department tbd by company].
· Obtain the customer’s ID. Acquire the firearm on the A&D Book and record the details of the customer’s identification in the A&D Book. Refer to Policy Dlr-01.
· Grab the replacement firearm. If the firearm is of like kind and type (same manufacturer, model/sub-model, and caliber), refer to “Like-Kind Replacement” below. If the firearm is not of like kind and type, refer to “Different Firearm Replacement” below.
- Like-Kind Replacement
§ If the replacement firearm is of the same manufacturer, model / sub-model, and caliber, the firearm may be transferred to the customer without completion of a Form 4473 or NICS background check.
§ The replacement firearm must be Disposed of in the A&D Book using the details of the customer’s identification document(s). Refer to Policy Dlr-01.
- Different Firearm Replacement
§ If the replacement firearm is not of like-kind, the customer must complete a Form 4473 and NICS background check. Refer to Policy Dlr-02.
§ Upon successful completion of the NICS background check, Dispose of the firearm in the A&D Book to the transferee. Refer to Policy Dlr-01.
3. Roles & Responsibilities
· Maintaining the Book of Acquisition and Disposition – [employee or department tbd by company]
· Records retention and proper form filing – [employee or department tbd by company]
· Completion of Forms 4473 transfers and NICS background checks - [employee or department tbd by company]
· Repair of firearms - [employee or department tbd by company]
· Provide authorization for replacement of firearm - [employee or department tbd by company]