Manufacturer pistol swapout through FedEx?

[stevemis]

I bought a new CZ pistol about two months ago through my dealer. On a range trip a few days later, I had ejection/extraction issues. CZ sent me a stronger recoil spring, which I installed and tested. The problem remained the same. I dropped the pistol off at my dealer's shop and he mailed it to CZ-USA for repair.

CZ-USA held the pistol for over a month and returned it to me with a stronger extractor spring. I got the pistol on Friday and finally got to the range today. It's extracting a little better .. instead of cases falling onto my hand or foot (straight down from the pistol) they are landing about 4-5 inches to my right... but the feeding issues remain.

I spoke with CZ-USA today and they offered to issue a call tag (FedEx) to pick the pistol up. The gentleman I spoke with said he would mail me back (FedEx) a new replacement pistol. This was an awesome solution to the problem, since it doesn't involve waiting around for another month and driving to my dealer (about 75 miles each way) or paying the FedEx charges myself.

On the last repair, I brought the pistol to my dealer, who sent it (no charge) to CZ. CZ mailed me the same pistol back directly with FedEx.

Can someone with more knowledge of the federal firearms laws chime in and advise if receiving a replacement pistol (presumably a different serial number than sent in) would be an issue?

Thanks,

Steve

 

[h2ojunkie]

I don't know how CZ does it, but when Keltec issues a new replacement pistol, they make up a new one with the same serial number as the one you sent it. So in effect, it's the same weapon on paper, even though it's really a new gun.

 

[highlander 5]

Ruger sent a brand new Redhawk in 45 Colt to replace one that I purchased that had numerous problems. No FFL involved Thompson/Center replaced 2 Contender frames for me same way.

 

[FLORIDA KEVIN]

Thats odd ! i am currently waiting for Ruger to send my replacenment SRH to my local FFL ? maybe becasue the serial number is changing ! Kevin

 

[jmr40]

Smith and Wesson replaced one for me about 10 years ago. No problems. In fact they sent it directly to my home, which at the time I did not think was legal. It may not be legal now.

 

[Technosavant]

I think I read something about an exception being made for warranty returns/replacement, but I can't quote chapter and verse on it.

 

[Zundfolge]

I shipped my Steyr S40 to Steyr Arms in Georgia, they made the repairs and shipped the pistol directly back to my home.

 

[kle]

Same for my S&W SW9VE--broke the striker somehow, and S&W repaired it and sent it back to my house in about a week.

 

[stevemis]

I shipped my Steyr S40 to Steyr Arms in Georgia, they made the repairs and shipped the pistol directly back to my home.

I'm sure that's legit. I know I can ship a pistol back to the manufacturer, although I can't do it through the USPS. Non-FFL's would need to use a common carrier like FedEx or UPS. I got my CZ back on Friday, delivered FedEx to the house directly from CZ-USA. My dealer (who shipped it for me to CZ) said CZ could ship it directly back to me, and requested they do it. I presume this is all on the up-and-up because it's my pistol to begin with.

The perceived grey-area comes up when I ship my pistol off to CZ-USA and knowingly receive a package with a replacement pistol (same model, caliber, just different pistol/serial #).

I'll ask my dealer about the legitimacy of a FedEx pistol swap-out tomorrow. I was going to call anyway to see if he had any CZ 452's. I've got a buddy who tried mine and fell in love..

 

[Gator]

(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;...

TITLE 18, USC, CHAPTER 44

 

[chris in va]

I had ejection/extraction issues

FWIW mine does the same thing. The spent shell gets hung up on the incoming round.

Interestingly though, I tried hosing down the internals with some Powder Blast and at least during the last range trip it no longer choked on WWB. I'll have to test it further to be sure.

 

[stevemis]

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

(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; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

Looks legit, even if the new pistol arrives as a replacement... as long as it is "of the same kind and type".

 

[Mojo-jo-jo]

Some manufacturers (I know this of Glock and Kel-Tec) will reissue the existing serial number on a new frame and destroy the old frame. Others will send you a new serial number gun (Century Arms does this).

Either way is legal as stated above as far as the federal government is concerned. You will get invoice paperwork stating the serial number swap if that is the case.

FWIW, some states may have a problem with this. A few years ago there was a big Glock recall where they replaced some defective frames. The replacement frames had the original serial number, but had a character appended to the end. While federally legal, California declared that it was a new gun and the owners in California had to have them re-transfered per California law--what a headache!