Should a repaired gun be sent to a FFL dealer let owner pick up?

Discussion in 'Legal' started by efeng9622, Aug 16, 2016.

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  1. efeng9622

    efeng9622 Member

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    If I send a gun to the manufactory company to repair or replace because it is under warranty cover, can they send back to me directly when the job done and I pay nothing or they have to send a FFL dealer then I have to go there to pick up? Because if needs FFL dealer I have to pay them the transfer fee or company can pay that?
     
  2. wow6599

    wow6599 Member

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    As long as they don't have to issue you a new firearm, i.e. a new serial number, it can be shipped directly back to you.
     
  3. efeng9622

    efeng9622 Member

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    my problem is , it is a brand new gun but has some small dents and defects,
    the company said just send back to them, I think it is no way to repair this kind of problem , only can do is ship to me another , that should be issue a new serials number, they have to send to FFL dealer not me and I have to pay transfer fee one more time.
    Thanks!
     
  4. danez71

    danez71 Member

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    In regards to post #2

    I dont think the answer isn't that simple.

    State law may play a part and 'rifle or hand gun' I think does play a part in this answer..
     
  5. wow6599

    wow6599 Member

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    Well, in any case, I highly doubt the company would send it back to an individual without checking applicable state law(s) first......unless it's Stag Arms :D
     
  6. Jim Watson

    Jim Watson Member

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    From ATF FAQ:

    Any person may ship firearms directly to a licensee in any State, with no requirement for another licensee to ship the firearm. However, handguns and other concealable firearms are not mailable through the United States Postal Service and must be shipped via private common or contract carrier (18 U.S.C. § 1715). The USPS and private common or contract carriers may also have additional restrictions on firearms shipments by unlicensed persons. Firearms shipped to FFLs for repair or any other lawful purpose may be returned to the person from whom received without transferring the firearm through an FFL in the recipient’s State of residence. FFLs may also return a replacement firearm of the same kind and type to the person from whom received (18 U.S.C. § 922(a)(2)(A)). An ATF Form 4473 is required for the return of the firearm, except in instances when a firearm is delivered to a licensee for the sole purpose of repair or customizing, and the same firearm or a replacement firearm is returned to the person from whom received (27 CFR § 478.124(a)).

    So by Federal law, they can return a replacement directly to you without an FFL and 4473.
    No mention of a different serial number, just a "replacement firearm of the same kind and type".

    State law may be more restrictive.
     
  7. Sav .250

    Sav .250 Member

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    Simple answer........ call them .Get the facts/procedure.
     
  8. efeng9622

    efeng9622 Member

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    Please see attached picture, I think the "dents" or "defect" only need to be
    re-finished, but I have to ship to them and they send back to me. I have no idea if finally they can send to me directly or should use FFL dealer to cause some fee. I don't know it is worth to do that. Please let me know you opinion.
     

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  9. aHFo3

    aHFo3 Member

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    you asked for opinions...

    I couldn't see anything remarkable in the picture, and I zoomed in! So my opinion is to let it be. Charter Arms would probably attempt to fix the cosmetic faults, and return it directly to your door with an adult signature required. I'd skip the hassle because I'm guessing by the size of your revolver that it is intended to be a concealed carry gun. If your CC guns are anything like mine they'll have plenty of rub marks in the near future.
     
  10. Red Wind

    Red Wind Member

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    Right back to you, in VA, from the manufacturer.
    No problem, IMO.

    As aH indicated, do not overthink. Let it be.
     
    Last edited: Aug 16, 2016
  11. efeng9622

    efeng9622 Member

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    I am going to give up because first the defects may are too small to worth do it, second Charter arms is going to send a FedEx return label to me , but if I ship it by this label without a FFL dealer , who know I may get a problem late? When I bought this gun I used a FFL to do transfer. The FFL has “ incoming transfer” and outbound transfer”, I am living in Virginia, Does that mean in Vriginia state law individual can’t ship a gun without thought FFL dealer ? ( Fedax is not a FFL dealer, right?)
     
  12. newfalguy101

    newfalguy101 Member

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    A gun sent for repairs can be sent directly to the same person who sent it in, no muss no fuss, no need to go through FFL
     
  13. Red Wind

    Red Wind Member

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    Yes. As New Fal said, this is regular. I have done it more than a dozen times. Stop the worry! :)

    In Virginia you are good!
     
  14. efeng9622

    efeng9622 Member

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    I believe I have to give up, because the dent is too small to be repaired, the barrel was cut of a very tiny piece, re-finish will not help, the only way they can do is that issuing me another one but this will issue a new serial# , they are not able to directly ship to me ,( see wow6599 message) only send to a FFL dealer to do transfer, i have to pay one more time transfer fee and do one more time background check, just like I buy another new gun. I don't want to spend their so much money.
     
  15. bikemutt

    bikemutt Member

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    I received a gun back from Remington they "worked on" for over a year. It did have to be sent to an FFL dealer because the replacement has a new serial number. This did require a new BG check and WA state pistol transfer form. Remington has agreed to pay for the transfer fee.
     
  16. efeng9622

    efeng9622 Member

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    bikemutt,

    I don't want the things become so complicate for a small dent,
    I also don't think it will effect the barrel and shooting. I have life time warranty
    just watch it and do nothing now.

    Thanks!
     
  17. BobWright

    BobWright Member

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    I live in the state of Tennessee. Here's my experience:

    I wanted some custom work done on a Ruger Blackhawk. I sent the gun via FedEx to my gunsmith, who happens to be in Virginia. (Dave Clements)

    Upon completion of the work, he returned the gun to me via FedEx. FedEx required me to appear in person at one of their stations to receive and sign for the gun.

    No fees incurred, no paperwork required. Dave Clements is a FFL holder, I am not. The gun was mine to begin with.

    In short, I sent my gun to an FFL holder, and he sent it back. I still have it.

    End of story.

    Bob Wright
     
  18. efeng9622

    efeng9622 Member

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    bikemutt,

    if you got a new serial# , you had to ask Remington to delete the old serial# from the police department, right? If the old one was still there is not good for you.
     
  19. bikemutt

    bikemutt Member

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    As far as I know, the WA handgun registry is not unlike Hotel California; you check in but you can't check out. Hanging on to obsolete information is not my problem.
     
  20. Sniper66

    Sniper66 Member

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    I returned a Savage rifle to the manufacturer for repair or replacement. They replaced it and shipped the replacement directly to me.
     
  21. stchman

    stchman Member

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    The manufacturer should be able to fix the gun. How did a "brand new" gun get that way? If the gun cannot be fixed, they may replace with new firearm and that would entail a new transfer.

    If the firearm can be fixed, the gun can be sent back to you at the address you live at.
     
  22. ljnowell

    ljnowell Member

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    A repaired handgun can be shipped back the owner directly, by federal law. I don't know if any states prohibit this or not, but my state of IL does not.
     
  23. Elkins45

    Elkins45 Member

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    I blew up the frame on my Glock 20sf so I shipped the whole gun back to Glock. What came back to me was the same slide and barrel bearing my original serial number but they were on a new frame (the legally designated "gun" part of the system) bearing a different number. The fellow from Glock told me that the original frame was reported as destroyed to the ATF.

    I found it sitting on my front porch in a smallish cardboard box when I came home from work one afternoon. I was expecting to at least have to sign for it, but the carrier just left it on the porch. I don't recall who the carrier was.

    I know an FFL can send a handgun to another FFL through the postal service, but can an FFL send one to an individual?
     
  24. rromeo

    rromeo Member

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    Two things.
    First, If it's just the barrel, why can't they replace that instead of the entire gun?
    Second, if they do replace the entire gun and have to ship it to a dealer, ask them to pay the $20 or so for the transfer fee.
     
  25. efeng9622

    efeng9622 Member

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    rromeo,

    I already gave up to ship to them .They didn't say replace anything only promised
    to repair. I don't believe this problem can be repaired only refinish but maybe still doesn't work . Most likely I will spend several months and get another new gun back. I don't want to do that. Now I believe these kind of small defects are normal because it is inexpensive and no need to care too much.

    Thanks!
     
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