Back Ground check for some thing you own?

[snowwalker]

LOL Jenn & wcd, thanks for the funny. Only deal local.

 

[drillsgt]

Oh no they were being jackwagons. They knew the gun failed the first time it was used! They ran 4 other background checks for people coming in well after they took my id and left it out unattended

There attitude was hey we already had an epic failure in the customer service Dept. They let it sit for 14 days before they sent it out. Then when I called a few weeks later was told they sent it to bersa call them. Well I called bersa who conversely were very nice and helpful they gave me a list of warranty centers to call to try and track it down. Finally found it in Louisiana.

I called them they confirmed they had it and it would be right when I got it back.

Not quite sure why the store that I purchased it from and returned it there could not simply check where they sent it. Oh I know because some one there would have to give a hoot.

So yeah they were being dicks

They were screwing you around. If you (the actual owner) are just picking up a firearm from repair you do not need to do a new NICS check. Consignment yes, repair no.

Q: Is a licensed gunsmith’s return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees?No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.

 

[sun]

They were screwing you around. If you (the actual owner) are just picking up a firearm from repair you do not need to do a new NICS check. Consignment yes, repair no.

Q: Is a licensed gunsmith’s return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees?No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.

In this case, the FFL wasn't the gunsmith doing the warranty work. He was merely taking possession of the gun to ship it to the gunsmith for the buyer because the buyer didn't want to send it directly to the repair facility himself.
I agree that if the buyer sent it to the repair facility himself to have it repaired, then he wouldn't have needed to go through the background check and they would have sent it directly back to him.
But in this case the FFL was not doing the repair, or willing to acknowledge that the work was being done for them. The way that they must look at it, the warranty work was being done for the owner of the gun and not for them since they weren't charging for the repair as a repair facility would if they had sent it out to have a third party fix it.
Their interpretation must be that they are merely acting as a shipper, and are doing the background check upon its return. Apparently they don't want to have any liability for transferring it back to the owner since they didn't take the gun in as if they were a licensed gunsmith sending it out to a third party to be fixed for them.
It's obvious who was doing the warranty work and that the gunsmith in this case is the factory repair facility and not the local gun shop. The local shop only sold the gun with a factory warranty, and they're not admitting that they are fixing it because they're not liable for fixing it. They are only accepting liability for taking it into their possession to ship it to a third party factory gunsmith at their own expense.
While they might be able to get away with doing it another way, they choose not to because maybe they don't want to admit any liability for the gun being improperly [or properly] fixed. If the gun comes back in a dangerous condition, and they admit that they were the primary gunsmith that had sent it to a third party gunsmith to fix it for them, then maybe the FFL could be held liable for the unsafe condition of the gun. The formal way that they are choosing to do it, the factory repair facility is clearly liable for the condition of the gun after it's returned and no one else.
The FFL looks at it as they only sold a new gun with a factory warranty. And when there's a problem they ship it back to the factory gunsmith for free, but will then also make the owner do the background check again.