CA DROS question

[LDBennett]

To start off, I am not interested in what people might think is fair but only what the law says in regards to my situation and the DROS requirement.

I bought a C&R Enfield No.4 (I have no C&R license) but the barrel throat was shot out so I returned it to the distributor, Century International Arms, through the dealer that I bought it from. Century very kindly decided to "fix " the problem by sending me a different rifle with a different serial number. My dealer say that as far as he knows the replacement rifle has to be DROS'ed again including the 10 day wait.

Is there a legal way around this? I have already waited the 10 days once, have already had possession of the original rifle, and even shot the original rifle. It went back for repair and the importer replaced it with another rifle. Seems like there should be allowances for this situation in the law. Admittedly it has been months since the original DROS.

Can anyone validate the requirement for a new DROS? Thanks.

LDBennett

[mrjones98]

I believe new serial # = new gun = new DROS, regardless of the circumstances surrounding the replacement.

[LDBennett]

Thanks guys.

I knew I couldn't win this one. But at least Century replaced the rifle. I now hope that this barrel is not shot out too!!!!!

LDBennett

[ETD1010]

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))

This is true if the person leaves the store and finishes the paperwork... if you inspect the firearm BEFORE finishing the paperwork, you can have it replaced and not do a new DROS.

As for pistols, you can change the serial number through the DROS system.

I think that PC code only applies if you leave the store with the firearm and finish the paperwork... so inspect all guns before accepting!!

[LDBennett]

In this case the DROS was started and completed, the gun left for more than 30 days, the gun returned for repair to the selling dealer, several months transpired before Century sent in a new rifle, and now I want to pick it up but it is a different rifle than I picked up 6 months ago. Does that help?

LDBennett

[stretch64]

According to DOJ, any time the serial number is changed, they consider it a sale and subject to the 10 day wait requirements. I called them about this last year when I had the frame replaced on one of my pistols.

[valleyguy]

Seems like maybe the dealer should have comped you though, if that's legal. Still do the paperwork, DROS, but at least give you a credit as a good faith gesture.

[rjf]

C&R license is $20 cheaper than two DROS fees.

[LDBennett]

This dealer is a good friend and has done me many favors. His profit on the gun was minimise initially. I gambled by buying a used gun and lost. It happens. I'll not be asking him for anything in return!

Maybe I won in the end because Century replaced the original gun that had a terribly shot out throat. Hey, these are war surplus guns! I have bought several and this is the only one that I lost the gamble on and then it is only the shipping back to Century and the DROS costs that I am out. That's not two bad when you amortize it over the several surplus arms I have bought in the last few years.

Century did me OK, if the replacement rifle shoots OK (??). The dealer did me OK this time and many other times ("favors" he didn't have to do). I lost a couple of bucks on the deal but believe me I have lost a whole lot more than that on one gun in particular... a Houston Texas High Standard that absolutely will not feed ammo. Texas High Standard is the worst company in the gun world ever, as far as I am concerned. And their Hi Std copies are unadulterated junk! But that's another story.

LDBennett

[LDBennett]

rjf said:

"C&R license is $20 cheaper than two DROS fees."

But you have to keep records and you had better do them correctly or else.... and you can be inspected by the BATF without notice.

The last thing I want is the government to have access to my home without a search warrant. I have nothing to hide but the BATF is not known for being nice if they find anything at all wrong. I don't need that. I had an FFL years ago and I did not like the whole idea of their ability of access to me and my home. But that's just me. It may work for you.

LDBennett

[leelaw]

rjf said:

"C&R license is $20 cheaper than two DROS fees."

But you have to keep records and you had better do them correctly or else....

Correct

and you can be inspected by the BATF without notice.

Wrong. They call, make an appointment, and you choose the location - your home, or their field office.

The last thing I want is the government to have access to my home without a search warrant.

They don't. See above.

I have nothing to hide but the BATF is not known for being nice if they find anything at all wrong. I don't need that. I had an FFL years ago and I did not like the whole idea of their ability of access to me and my home.

Unless you're referring to an FFL other than 03, then they don't have access to your home.

But that's just me. It may work for you.

LDBennett

[tenpercentfirearms]

If it were my shop and it was a transfer, then I take zero respnonsibility for the rifle or its condition. I might be nice to a return customer and do your new DROS for less. Still since I have to do the whole process over again on a new rifle, I might very well charge the whole fee if you are one of those "transfer only" customers.

Now, if I were you, I would most certainly be telling Century that you had to take on additional fees for the replacement and I would ask Century to comp you for the re-DROS.

If you bought the gun from the dealer and all money went through his hands, then it is his sale unless he made it clear it was a "sold as is" surplus firearm.

And yes, unfortunately you have to re-DROS. Hopefully your dealer only charges you $25 for the DROS or just eats it.

I hope it shoots good this time!