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View Full Version : Yet another Single Shot Exemption question


jidokenju
12-24-2010, 6:17 AM
So a few months ago I asked whether the conversion would void the warranty, and was assured it likely would not. This is awesome. However, I just had another thought: I'm still eligible for the warranty, but legally, while I can send it back to the company, they can't return it to me without breaking the law. Is there any way warranty transactions can be handled through the FFL who sold me the gun should I find a defect or need something repaired? Or is the lack of warranty just part of the price I pay? I'd have no issue if this were the case but I'd like to know before I consider the purchase.

XYZ
12-24-2010, 6:45 AM
Interesting question. I would think since you legally acquired it, this shouldn't be a problem for the manufacturer to send it back. There isnt a law about what you do to configure your gun after your purchase unless it's an AW. I'm
sure others will clarify if I've misspoken.

sirgiles
12-24-2010, 6:49 AM
i have sent a few off-list pistols for either custom or warranty work and have been mailed back to my personal address with no issues (e.g. jardine custom, springfield custom, les baer, tactical solutions and springer precision). all of them understood CA law pretty well.

jidokenju
12-24-2010, 7:00 AM
Is there a specific legal exemption for this?

1064chubbs
12-24-2010, 7:08 AM
Is there a specific legal exemption for this?

The exemption is once the gun is DROSed to you its yours and the single shot conversion is only to get it through DROS, in most cases whatever work is gonna be done on the gun, the owner can ship and receive the gun directly.

ke6guj
12-24-2010, 12:02 PM
here is the exemption.

12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072.
(c) The sale, loan, or transfer of any firearm as described in paragraph (3) of subdivision (b) of Section 12125.
(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). (d) allows for you to send a handgun to a licensed dealer (pursuant to 12071, which might only cover CA dealers, not nationwide FFLs, have to look into that more) for repair. (e) allows that dealer to return the handgun back to you.


OK, found it, 12132(b) allows for it because there is an exemption in 12078 for sending a firearm to a "gunsmith" for repair, and then having it it returned to you,

12078(e) Section 12071, subdivisions (c) and (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith.

Uriah02
12-24-2010, 12:08 PM
I think you are thinking the company would send back an assualt weapon and thus be a no-go. There's no prohibition I can think of concerning legally importing off roster pistols.

jtmkinsd
12-24-2010, 3:00 PM
So a few months ago I asked whether the conversion would void the warranty, and was assured it likely would not. This is awesome. However, I just had another thought: I'm still eligible for the warranty, but legally, while I can send it back to the company, they can't return it to me without breaking the law. Is there any way warranty transactions can be handled through the FFL who sold me the gun should I find a defect or need something repaired? Or is the lack of warranty just part of the price I pay? I'd have no issue if this were the case but I'd like to know before I consider the purchase.

The only time you will run into a problem is if they have to replace the firearm, or the frame (new serial number). If that's the case...you would have to DROS the new firearm, and since it's off-roster...you'd be out of luck.

bigbob76
12-24-2010, 4:15 PM
Some here have posted about sending their firearm to a manufacturer for repair and getting it back with factory stock parts instead of the custom parts it had when it was sent to them.

jidokenju
12-24-2010, 9:04 PM
Thanks for the responses all. I'll seriously consider going that route.