replacement

[kennyusmc1]

I have a question what is my responsibility as a gun owner if i send my pistol in to the manufacturere and they decide to replace it? will I have to have it sent to a FFLand wait again ?
Thanks sorry just my poor pistol may have had a defect ...

[Gnote]

That is an interesting question. If you don't get any responses from thi site, you may want to try and ask the attorney general at:

http://caag.state.ca.us/firearms/mailpage.htm

[Sheldon]

I have had them transfer the number to the new pistol as well as issue a new pistol all together. In the case of the new serial number, I had to pay the dros again and wait the 10 days. The manufacturer reimbursed the monies later....so keep all your paperwork.

[kantstudien]

Make sure you email the DOJ, I had to replace about eight of my Glocks several years ago thanks to the E-series frame rail F-up, so I asked if I would have to wait eight months to get all my Glocks back! Luckily, the answer is no if you have the dealer process the DROS as a "warranty/replacement" exemption. Hope this helps.

[PJA]

I once boughta new CZ rifle on the internet, and it arrived at my FFL with a large scratch on the stock. I called CZ, and they said to send it back. In about 3 weeks, a complete new rifle was delivered directly to my door via UPS.
Pete

[Kruzr]

A replacement exemption is only for the 30 days wait between buying guns. If they issue you a new pistol or frame with a new serial number, it will have to go through the DROS process and you will wait the 10 days to take it home.

I have seen Glock reissue the same serial number when they replace a frame. That is exempt from the 10 day wait also. I've never seen this by any other gun maker.

(PJA, long guns are different than handguns)

[maxicon]

I have seen Glock reissue the same serial number when they replace a frame. That is exempt from the 10 day wait also. I've never seen this by any other gun maker.

I have a Glock 17 that had the frame replaced in the recall, and the new frame has the same SN with a 1 added at the beginning. I'm assuming it had to be re-DROS'ed, but I didn't own it when this happened.

max

[kennyusmc1]

here is the thing, the barrel and frame share a serial number... I would be sending the pistol back to the manufacturer for repair and or replacement... other who have had this done had the pistol sent directly back to them. So since it is a repair or replacement and not a purchase doesn't it go directly back to the individual instead of a FFL ? and since it is not a purchase it doesn't make sense to get a dealers record of sales.. no dealer involved and no new sale... hmmm I wrote DOJ but haven't heard back from them.

[bwiese]

It's really a new gun if its frame has a new serial # - even though it's a warranty replacement for a gun you already owned. They should use some other mark separated from the serial number to flag rework/reissue.

The issue of serial # on slide or other parts being different from frame serial # is legally moot. The real issue is that the replacement serial # differs from your original serial #.

As such, you should note this special situation when you send your gun in for work. Ask them to notify you if frame needs replacement before any other action is taken. Don't rely on a phone call, include a written letter.

The danger here is if this involves an unapproved handgun, or one that was approved but that the mfgr no longer pays fees for to stay on list. (Springfield Armory amd Colt - and probably others - are known for this w/all their proliferations & model variants that are approved for awhile and then are not renewed.)

See, the new gun with new serial # coming back should go thru an FFL to you, along w/DROS paperwork etc. The mfgr is actually violating CA law sending a gun that is not yours back to you directly. And since it's an 'unsafe gun', your local FFL can't legally transfer it to you either.

While the unsafe gun laws do have exemptions for accepting warranty work, that applies to the same gun - and the mfgr has sent you back a new one! And besides this simple falling off list issue, there's also the issue that the repaired/reissued gun w/new serial number is in a substantively different form than the one that was originally tested & inspected & approved to be safe - that is, there's a material difference btwn the replacement frame/gun and the original frame/gun.

[Note that the unsafe gun laws don't apply to single-action revolvers.]

The other issue involves illegal CCW. Suppose you have a gun DROSed to you. If somehow popped for illegally carrying it, the penalties are less than for a gun that's not been DROS'd to you. And a gun 'repaired' by sending out a new frame w/new serial # straight to you is certainly not DROSed to you!

These matters are also relevant in the assault weapons arena too. One of the reasons I bought several Colt Match Target AR-class lowers in 1998-99 is that (at least at that time, and I think this continues) if you mangled or blew up your Colt lower, Colt would 'reissue' a new lower receiver with same serial # - they square this in their ATF logbooks by destroying your lower, noting it in their books, and reissuing the #. This is important because your assault weapons are reg'd by serial # - replacing AW receivers w/different serial #s amounts to (illegally) acquiring new assault weapons. [This is apparently not the case with legal pre-'86 MGs, where the key attribute is not just the serial number but is inherent in the original gun.]


Bill Wiese
San Jose

[kennyusmc1]

ok sounds like I will have a different set of questions but all that was informative... SA will be fixing mine and sending me the same pistol with the same serial number.. they will be replacing the locking block and a a new barrel most likley, however the barrel will not have a serial number..now to recieve this pistol can springfield just send it back to me via ups?
thanks again

[bwiese]

ok sounds like I will have a different set of questions but all that was informative... SA will be fixing mine and sending me the same pistol with the same serial number.. they will be replacing the locking block and a a new barrel most likley, however the barrel will not have a serial number... now to recieve this pistol can springfield just send it back to me via ups?
thanks again

Kenny...

The only serial number you EVER have to worry about is the one on the frame/receiver of the gun. Barrels often don't have serial #s though the slides on some auto pistols do. It is perfectly legal to have all sorts of different serial #s all over a gun - many milsurp 'parts guns', or guns that have different caliber conversion or a shorter slide, are often this way. Even if for some reason your gun is lost, questioned by police during a search, etc. this is irrelevant. As long as the frame serial # is legit, that's what counts.

Yes, most gun mfgrs will send the orig gun back unless frame has real problems (or was blown up).

Since this is the same serial# - that is, it's your gun! - Springfield can indeed ship it directly back to you.


Bill Wiese
San Jose

[Ridezslo]

Digging up an old thread, buy I have a question. If the frame needs to be replaced and it is an off roster model, then what? Is there an exemption for that since you already own it?

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