Warranty Replacement Pistol vs Fed. FFL requirements

Status
Not open for further replies.
1

1SOW

Member
Joined
Oct 28, 2007
Messages
4,107
Location
South Texas
If a newly bought pistol malfunctions, and the U.S. manufacturer is sending a NIB replacement pistol, can it be sent directly to the owner?
I don't doubt the new pistol will have a new serial number on the frame.
Does Fed. law require the use of another FFL transfer?

I'm in Texas.
 
Last edited:
Some manufactures will use the old serial number on the new frame.
Kel-Tec for instance does this.

Too many legal requirement requiring new paperwork, gun permits, etc. in some states.

It would be like starting all over again to legally own it if they send you a gun with a different serial number some places.

Your best bet is to call them tomorrow morning and ask them what they are gonna do.

rc
 
It's pretty unusual for a pistol frame to be "bad." It's usually some other part which they can replace without replacing the frame.

If they need to replace the frame they will make a new firearm with the duplicate serial number and destroy the original. In this case, they will send it directly to you.
 
RC, I'd like to do that, but "Remington" doesn't seem to know who's controlling what concerning the R-51 pistol. Statements usually begin with, "WE were told..........."

Mojo, this isn't a repair. It's a "RE-Manufacture" of the whole model line. UNUSUAL is the case with this pistol. A newly manufactured pistol is said to be delivered this month---maybe.

I don't have any idea what to expect, so I asked this question.
 
Well, I see then!

But, in south Texas I don't think you have any gun registration hoops or FOD Cards loops to jump through.

So back to the original question?

Can they ship you a different gun with a different serial number without a FFL transfer?

I don't know 100%.

But the way the law reads, I am pretty sure they can't.

rc
 
Can they ship you a different gun with a different serial number without a FFL transfer?
Click to expand...

Yes, a manufacturer can replace a gun with one having a different serial number under federal law.

18 USC 922(a)(2)(A)

this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received;
Click to expand...

27 § 478.124(a) Firearms transaction record.

A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
Click to expand...

At least I hope the above is true, as both I and my son have each received a replacement gun (same model, different serial number) directly from different companies.
 
Last edited:
THANKS gc70!
That at least provides some hope for "something easy" to come of all this.

I still am an optimist---mostly.
 
Yes, thanks for that info.

But I still bet it would't work that way under existing State laws in a few less free states.

rc
 
You know, with ONLY ONE U.S. Constitution, it's incredibly amazing so many alterations of the guiding LAW can be deemed legal.

Yeah, I know.

P.S. This morning opened "early voting" in Texas. I was there before 10:00 A.M.
 
I'll hedge to say that any firearms manufacturer will/ will not ship directly to you as any applicable laws dictate. I think the thinking is already done on this, by the manufacturer...this happens many times and they therefore are familiar with it all.
 
With Taurus they sent my replacement gun which had a different serial number to a FFL Dealer and I had to go through the 4473 Form and telephone check.

p.s. I'm glad the gun has a different serial number. That way I knew I was getting a different gun and not the old one back.
 
The answer -- in my experience -- is it depends. Smith & Wesson has replaced a new lower receiver with the original serial number for me. Smith & Wesson 22A shipped directly to my house.
In another case -- Smith & Wesson handling warranty for Walther replaced the entire gun and since it was a new replacement gun with different serial number had to go through a FFL dealer -- at least that's how they explained it. Maybe because they are not the manufacturer only the importer?
 
Springfield Armory replaced my XDm with a different serial numbered, new pistol that was sent directly to me. I suppose because here in CO the background check for the original purchase was successful and since this was a replacement, with the defective/damaged pistol returned there was no "new" pistol being sold, there was no need to go through the FFL. I imagine each of the states have their own, and differing processes. CCW
 
Status
Not open for further replies.

Similar threads

B
  • Locked
Replacement Gun from CZ - to an FFL?
Replies
8
Views
747
ieszu
I
T
  • Locked
No paper trail on a new rifle bought from FFL?
Replies
10
Views
650
sumpnz
S
T
  • Locked
Pistol shipped to wrong person
Replies
16
Views
1K
gezzer
G
sig228
  • Locked
Wisconsin FFL Transfer Problem
2
Replies
45
Views
2K
Bubbles
B
K
  • Locked
MD handgun law question, replacement pistol and the background check
Replies
1
Views
343
JBP
JBP
Back
Top