Bringing a Friends Firearm to a Gunsmith . . .

[twofewscrews]

Hi,

I've got a friend who's birthday is coming up. He's been bitching for months about how his Stoeger semi-auto shotgun won't cycle but he never has time to take it to the shop. I was talking with his wife and thought it would be a neat idea to have the shotgun fixed for him. The wife is not familiar with firearms and I thought I would take it in for him.
I'm in NY state (near Rochester) and am unsure if I would run into legal trouble here.
He is not a prohibited person and the firearm is not stolen. I would be taking possession of it from his wife, not stealing, or at least that's how I see it . . . if at worst he noticed it was missing before his birthday his wife would just have to spoil the surprise before he reported it stolen.
Could this land me in some hot water?
Am I missing something?

 

[243winxb]

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 A&D record.

It would be under your name.

https://www.atf.gov/qa-category/gunsmiths

 

[Buzznrose]

Call a local established FFL and ask…that is my best recommendation.

 

[twofewscrews]

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 A&D record.

It would be under your name.

https://www.atf.gov/qa-category/gunsmiths

Does that mean in order to transfer/return the firearm my friend I would have to go through an FFL and he'd have to complete a 4473? I think I should take Buzznrose's advice and ask the FFL I normally deal with.

 

[twofewscrews]

Call a local established FFL and ask…that is my best recommendation.

That is a pretty good idea. I would hate to end up with a felony and my firearms confiscated trying to give a friend a birthday present.

 

[dogtown tom]

Since you are both residents of the same state, federal law does not prohibit you from borrowing or using a firearm belonging to your friend.
You can pick it up, take it to a gunsmith and return later to retrieve the firearm. No 4473 required.

Now, there may be New York state laws that prohibit you from taking possession of your friends firearm.

 

[243winxb]

See link I posted above

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.

 

[12Bravo20]

Since you are both residents of the same state, federal law does not prohibit you from borrowing or using a firearm belonging to your friend.
You can pick it up, take it to a gunsmith and return later to retrieve the firearm. No 4473 required.

Now, there may be New York state laws that prohibit you from taking possession of your friends firearm.

This is the correct info. And YES, definitely check with NY state laws too.