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June 28, 2016, 11:31 AM | #1 |
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How do manufacturers replace defective guns?
Not sure if this is the right section, but here goes.
What happens when you send an improperly functioning gun to the manufacturer for repair, and they need to either replace the frame, or the whole gun? Is there an ATF form or defined procedure they follow to record a serial number replacement or substitution? If it's a gun that was recently purchased (within the last 60 days) would another NCIC check be required? Just curious, because I have a gun in the shop for nearly three weeks, and if they can't do something about getting it back to me in a month's time, I have half a mind to insist that they just replace it with a new one. Thanks in advance! Sent from my HTC One M9 using Tapatalk |
June 28, 2016, 11:56 AM | #2 |
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Ruger replaced my CMD, the gun had to go to a dealer and it has to be transferred just the same as when you buy a gun, 4473 etc. I had to pay the fee of course.
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June 28, 2016, 12:02 PM | #3 |
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Federal law allows guns to be shipped directly between the manufacturer and the consumer for repair or replacement, either direction. Some states may be more restrictive. I've received a replacement Beretta directly at my doorstep, it was great.
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June 28, 2016, 12:26 PM | #4 | ||
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18 USC § 922(a)(2)(A) allows a FFL to return a "replacement firearm of the same kind and type" to a non-licensed person (my emphasis underlined).
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June 28, 2016, 01:05 PM | #5 | ||
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Quote:
The maker can replace the frame/receiver (ser# part) reapply the original ser#, and legally, it is still the same gun. There is also a legal provision allowing a repair shop to move the serial # (reapply it in a different location on the gun) if the work to be done would damage/obscure the number in its original location. Quote:
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June 28, 2016, 01:06 PM | #6 |
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I've received replacement handguns from the manufacturer along with a letter detailing what transpired and their disposition of the gun. I took that to the pistol permit clerk in my county and simply took the old gun off my permit and added the new one. It was pretty simple. The new gun came directly to me since I'd sent the defective one back to the manufacturer myself. That was a few years back, but I did it a few times.
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June 28, 2016, 05:43 PM | #7 |
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Here in PA they ship it directly to you as there is no registration list maintained by the state nor are firearms listed on our License to Carry a firearm.
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June 28, 2016, 08:05 PM | #8 | |
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June 28, 2016, 08:35 PM | #9 |
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I had a replacement gun for a recent purchase. The new gun had to go to a FFL, only because the replacement was a different model. If it had been the same model, they would have sent it straight to me.
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June 29, 2016, 06:58 AM | #10 | |
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June 29, 2016, 08:20 AM | #11 |
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Ruger sent me a replacement and they said they were required to go through an FFL by federal law.
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June 29, 2016, 08:53 AM | #12 | |
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Quote:
Sometimes, the broken firearm is a long-discontinued model and the parts needed for the repair were used up years ago, or—as is the case with several well-known Rugers—the particular model is considered unsafe or flawed by the manufacturer, and their policies call for it to be replaced with a newer model or heavily modified. In these cases, the manufacturer may not want to end up in a spitting match with the ATF regarding whether the substantially dissimilar replacement gun is "the same kind and type", and is requiring a FFL transfer for CYA purposes.
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June 29, 2016, 10:17 AM | #13 | |
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June 29, 2016, 10:47 AM | #14 | |
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Quote:
I can understand why Ruger would use the more conservative interpretation of the provision in the absence of any definitive guidance.
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"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak Last edited by carguychris; June 29, 2016 at 10:48 AM. Reason: reword |
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July 24, 2016, 07:25 PM | #15 |
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When I blew up my Glock 20 I sent the whole gun back to Glock. What came back to me was 2/3 of my old gun and a new frame with a different serial number. The Glock guy that called me about it told me they reported the original gun to the ATF as distroyed and replaced by the new SN--or something like that.
The gun was sitting on my porch in a brown cardboard box when I came home from work one day. I wasn't sure what it was until I saw the Smyrna, GA return address. |
July 25, 2016, 12:19 AM | #16 |
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FWIW, when I wore out the frame on my Kel-Tec P-32 years ago, Kel-Tec replaced it with a new frame with the same serial #.
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July 26, 2016, 01:19 PM | #17 |
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Mr carguychris is correct no 4473/FFL is needed for a replacement firearm from a FFL to owner.
Even with a different serial number.
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