No paper trail on a new rifle bought from FFL?

[The Real Hawkeye]

Bought a rifle last month. Defective as can be. Jammomatic. Took it back to the store I bought it from. Store sends it in to importer for warranty service. Importer's gunsmith calls me and tells me it's a lost cause, and they will send me a new rifle. Transfers me to the lady who does that stuff. She asks for my mailing address to send me the new replacement rifle, knowing that I am not an FFL (She asked). She says it will be out to my house by Monday the latest. The paperwork I filled out at the store I bought it from was for an entirely different rifle and serial number. Problem? Not a problem?

 

[Chipperman]

hmmm.....
That's an unusual situation.
They know you got the rifle legally the first time. They could ship the same rifle back to you without a problem. They now have your first rifle, so shipping another does not give you two rifles with one background check; and they know what happened to the first one.

Sounds like it's ok as long as the state/local laws do not require SN registration. ATF (in theory) does not have the original SN anyway. The only sticky point is the original 4473 from the dealer. But you could just sell that gun privately anyway, so ATF still would not necessarily know where it was.

Anyone have other ideas? I know I'm trying to think through this logically, which is often a fatal flaw when dealing with gun laws.

 

[AJ Dual]

Usualy they stamp the same serial number on a new firearm in that situation.

Then legaly, it's the "same gun" that was "fixed".

 

[depicts]

Had this happen once.

Bought a youth size .22 rifle that allowed gas to blow back on the shooters cheek.

When I contacted the company, telling them I thought that was really bad for a beginners rifle, they sent me a new one. They explained that they were haveing a "problem" with certian brands of bulk boxed cheap ammo in their guns. Just happened I was using that ammo.

The replacement rifle comes in the next day DHL.

Now I called the company back (Spoke to the Vice President both times...they were excellent as far as that went) I told them I couldn't just keep the gun here in Massachusetts, that I had to receive it through an FFL. They asked me what I wanted to do, even offered I keep both guns (I should have).

What I finally did was bring the first rifle back to the dealer I got it from. He did up a FFL sale for the new gun, and shipped the old one back no charge to me.

The rifle manufacturer reimbursed my FFL for his costs.

PS, the rifle has been sitting in my safe in the box ever since. One of those things I just have a bad feeling about. It's so small I can just about use it as a pistol, all stainless and synthetic stock at just over 3 pounds. I guess I'm keeping it for an EOTWAWKI gun so I can travel light

 

[depicts]

Sorry, double post

 

[Third_Rail]

depicts, the guns I purchased out of MA stayed out of MA.


I moved out of there a few months ago - no more firearms registration, but I'm unsure of how to get rid of my FID; I don't want to give the MA state police my new address.

 

[Ivy Mike]

Third_Rail,

If you moved out of MA and no longer need to register your guns, why worry about telling them anything?

Did I miss something?

 

[waterhouse]

Not a problem.

This happened twice last year on new guns that I transfered. Both times the customer brought the gun back to me to send it back to the manufacturer, and both times the gun was replaced with a new gun with a different serial number. I called the ATF and they said that:

a) If the replacement gun was transfered through me, and it was the same make and model but a different serial number, I could just note this in the bound book and there was no need for them to fill out a new 4473 or undergo another NICS check.

b) If the customer chose to just send the gun back to the manufacturer without going through me, the manufacturer could send the new gun back to the buyer without a problem.

It sounds like you are in case B, and you'll have a gun that is somewhat off the books.

I say somewhat because if they ever find the gun at a crime the first place they will call is the manufacturer, who will have a record of who they sent it to.

 

[gezzer]

Third_Rail , Welcome out to the free world! Take your MA firearms ID and burn it you owe them NOTHING. Enjoy your new freedom

 

[Third_Rail]

Won't they go to my previous address to collect the registered guns when my license expires?

 

[sumpnz]

Won't they go to my previous address to collect the registered guns when my license expires?

Maybe. But even if they do it won't take them very long to discover that the current residents are not you, and so long as they don't have unregistered guns or other contraband they won't get in any trouble. You and your guns are no longer in that fasciast hell hole, and so you are not bound by their gun control laws any more. Of course, IANAL, I've never lived in Taxachussets, and this response is worth exactly what you've paid for it.