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vanhexus
02-13-2010, 2:10 AM
I bought a pistol from here the pistol is defect .I sent it to the company in Nevada for repair.He (factory)decided I give me a new pistol .I got a email and talk to the person she said I need a FFL to get the pistol.I lived in San Jose so what do I do?:confused:

halifax
02-13-2010, 4:42 AM
I bought a pistol from here the pistol is defect .I sent it to the company in Nevada for repair.He (factory)decided I give me a new pistol .I got a email and talk to the person she said I need a FFL to get the pistol.I lived in San Jose so what do I do?:confused:

Yes, the handgun will have a new serial number and will need to be DROSed. Find a local FFL that will accept it. You might want to shop around since transfer fees will vary.

tenpercentfirearms
02-13-2010, 9:26 AM
Not so fast!

http://www.calguns.net/calgunforum/showthread.php?t=266686

In this thread kemasa brings up the following ATF regulations.

12.6.2
http://www.atf.gov/publications/down...chapter-12.pdf

Repaired and Replacement Firearms
http://www.atf.gov/publications/down...-volume-4.html

http://www.atf.gov/firearms/faq/brad...epair-transfer

However, this is on the CA DOJ website.25. How do I handle the paperwork when a purchaser returns a defective firearm?
If a firearm is brought to you for service or repair, you may return it to the person who submitted it for repair without undergoing the DROS process. If the firearm must be replaced, a new DROS is required. There is an exemption from the one-handgun-per-month restriction for exchanged handguns.

(PC section 12072 (a)(9)(xi))

The interesting thing is I cannot find in penal code that specifies you must DROS a replacement firearm. The only thing I can find is12073. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Section 12077.
(b) This section shall not apply to any of the following transactions:
(9) The return of an unloaded firearm to the owner of that firearm by a dealer, if the owner initially delivered the firearm to the dealer for service or repair.Now this is a little tricky. I don't think we can wiggle on the very specific "that firearm". Since a new firearm is being issued, it isn't "that firearm". The feds don't care, but it appears the penal code does.

The interesting thing is all of this deals with an FFL. Could the manufacturer send you a replacement firearm direct if they didn't involve the dealer? I am sure it is prohibited, but I would like to see the code. I used to think that I would have to complete a 4473 for a replacement firearm, but apparently I do not. If it isn't prohibited, could you do a self-registration on the handgun just so the serial number is in the system while at the same time stating you no longer own the old serial number?

So in this case, if they send it back to the FFL, the FFL is going to have to DROS it as they did not receive the "that firearm" from you and "that" firearm is not being delivered back to you.

Cokebottle
02-13-2010, 9:35 AM
If it isn't prohibited, could you do a self-registration on the handgun just so the serial number is in the system while at the same time stating you no longer own the old serial number?
That's what I was thinking. No 4473 is needed, exemption from the 1-30.
Just run a vol'reg for $20 instead of paying $60-$150 to the FFL.

M. D. Van Norman
02-13-2010, 9:39 AM
If correct, that would have saved me a few bucks when I had to replace a firearm way back when. Fortunately, my FFL of the day just charged me the $25 DROS fee.

halifax
02-13-2010, 9:41 AM
I bought a pistol from here the pistol is defect .I sent it to the company in Nevada for repair.He (factory)decided I give me a new pistol .I got a email and talk to the person she said I need a FFL to get the pistol.I lived in San Jose so what do I do?:confused:

If they will only ship to an FFL, what choice does he have? It's not just a gunsmith return, it's a new handgun.

GunNutz
02-13-2010, 9:44 AM
Who sold you the defective pistol on here?

ke6guj
02-13-2010, 1:52 PM
So in this case, if they send it back to the FFL, the FFL is going to have to DROS it as they did not receive the "that firearm" from you and "that" firearm is not being delivered back to you.

to add to that, what would happen if the firearm in question was not a "rostered" handgun that was being replaced? Could the FFL DROS a non-rostered handgun to the owner that was swapped out for repair purposes?

CHS
02-13-2010, 5:02 PM
to add to that, what would happen if the firearm in question was not a "rostered" handgun that was being replaced? Could the FFL DROS a non-rostered handgun to the owner that was swapped out for repair purposes?

You could do it under "Curio/Relic/Olympic/Exempt".

Exempt being the key word. Just have some document that it's a warranty/repair return along with the DROS.

Otherwise, there is no way to do it.

ke6guj
02-13-2010, 7:01 PM
You could do it under "Curio/Relic/Olympic/Exempt".

Exempt being the key word. Just have some document that it's a warranty/repair return along with the DROS.

Otherwise, there is no way to do it.

I just wasn't aware that there was an exemption for a warranty/repair return of a "different' firearm than was originally sent.


12132. This chapter shall not apply to any of the following:
(d) The delivery of a pistol, revolver, or other firearm capable of being concealed upon the person to a person licensed pursuant to Section 12071 for the purposes of the service or repair of that firearm.
(e) The return of a pistol, revolver, or other firearm capable of being concealed upon the person by a person licensed pursuant to Section 12071 to its owner where that firearm was initially delivered in the circumstances set forth in subdivisions (a), (d), (f), or (j). If the PC that Wes posted that limits a "that firearm" no-DROS release to the original "serial numbered handgun", then I think that that same "that firearm" rational would have to apply to the Roster-exemption.

Hmm, sounds like a potential addition to the Roster lawsuit. If I have a non-rostered handgun and it needs to be sent in for repair, and the manufacturer decides to replace it with a new fiream, if they want to send me a firearm with a new serial number, then I may not be able to receive it per CA law. But, if they legally replace my handgun, and re-use the existing serial number, I can receive it back, per CA law. Sounds like the law may have some equal protection issues if some people, depending on the brand of a specific handgun, are prohibited from getting a handgun repaired (replaced) and returned to them, while other people can get a handgun repaired (replaced) because a different manufacturer has a different repair policy.