View Full Version : Pot, Kettle, Black

08-30-2012, 12:03 PM
Thought I would tap into the knowledge base... We know that the form 4473 has a little question that reads "Are you an unlawful user of, or addicted to, marijuana..." An answer in the affirmative eliminates the ability to legally transfer the weapon. If the dealer *knows* that a person is *lying* on that question, then he/she is not supposed to complete the transaction.

Who here has refused a transfer on these grounds? There is a huge percentage of folks out there that burns tree on a regular basis and gives it the same regard as those who have a beer or a cocktail. The difference being that one is legal and one isn't. What objective yardstick do you use to say "NO!"?

I have a shotgun sitting in my shop that has been here for over two years. The guy brought it in for a simple repair and then I discovered his penchant for blazing. I refused to return the shottie and told him that if he had a problem with it... call the cops and send 'em over. He didn't protest. The thing is, I'm not a court of law! And there really is no guidance as to what objective criteria I should use when/if he claims he is clean. Do I make him buy a pot test kit at Walgreens and then come pee in a cup, send off the results and then give him back the gun when the test comes back clean? Do I take his word for it? :mad:

BWE Firearms
09-06-2012, 12:25 PM
My first question is why are you filling out a 4473 for a repair? You only do that if someone else picks it up then the person who dropped it off.

I have been told by ATF that if someone drops a gun off for repair, return it to them. There is no system in place to check if they can legaly have a firearm for repairs. I am not law enforcement and have been told to stay out of law enforcement matters. The truth is you have no legal right not to return his gun to him. There is nothing in the regulations about not returning a firearm to the person who dropped it off if you find out they are a felon. A 4473 is for the transfer of a firearm not the return of a firearm. That is legaly his property and he can sue you for not returning it to him.

If you want to go by what the 4473 says 99% of the people, me included can not buy firearms. I don't know of anyone who has not used a controlled substance like Tylonal with Codine, percadan, percase(speeling is wrong I'm sure) etc., etc. that was perscribed to someone else or your doctor friend gives you one he has in his medicine cabinet. Or have you ever not finished a perscription and kept the rest for future use and let your wife or kids take one. That is distribution of a controlled substance. A while back I was working on a cops duty gun and we got talking while I was fixing his gun. We got onto the subject of pot and how it has changed from when we were growing up in the 60's and 70's. He and his partner freely addmitted to me that they have smoked pot in there younger years. Should I have refused to give his duty gun back to him? If someone is obviously impaired I will not return their firearm. I make them come back when they are sober.