Replacement off roster pistol

[curvejunkie]

Ok, so I have a customer that had a pistol. Had, being the operative word. It self dissassembled during a range session and all the kings men are not going to put it back together.

The factory has said they would replace his pistol no charge. But, the pistol is not on the roster.

Is there any way this pistol can be replaced legally?

Thanks

[DEPUTYBILL]

I think as long as the frame does not have to be replaced, it should not be a problem. If the frame is damaged and needs replacement I think your customer is SOL!
It might also depend on the company policy regarding California returns.
The other option is if the maker is willing to re-serial number a new frame with the old serial number. This is unlikely.

[ke6guj]

I've heard people say that DOJ allowed the dealer to transfer an off-roster replacement as a gunsmith return but I do not know the specifics.

I wonder why CGF did not include a scenario like this in the Pena lawsuit other than it might have been hard to find a customer (and manufacturer) willing to have the replacement handgun in limbo for 5-10 years.

[curvejunkie]

The entire gun is toast. Frame cracked and all. THey are willing to replace it, but figuring how to get that off roster in to CA, that is the issue I am having.

Im gonna ring up the DOJ and see what hoaky answer i get...

[keenkeen]

Will the mfg put the same SN# on the new frame?

If so that would do it...

[curvejunkie]

The DOJ says of course, the owner is SOL. No option, no recourse. I told them I thought that was quite idiotic considering. I told the customer to talk to a legal rep.

[DEPUTYBILL]

Another problem would be if this is a "warranty" repair or not.
If the owner just shot some bad reloads thur the gun causing damage, I would not see the factory jumping though hoops to help him. If it was a factory defect that caused the gun to destruct, that's a different matter.

[SonofWWIIDI]

AFAIK, they are screwed unless the manufacturer is willing to put tha same serial #. But I have heard that the overlords won't allow that either. But I don't know for sure.

Kommiefornia sucks.

[KHF1222]

If the handgun model is currently not on the CA Roster, you will not be able to have it replaced with the same model.

It makes no difference whether the frame was damaged by accident, normal use, or covered under manufacturer warranty where the frame was
required to be replaced to complete the repair in order to make the handgun safely operable and returned to service.

In the event that the frame needs to be replaced, the manufacturer will likely replace the damaged handgun with a like model that is
of similar value, and which is currently on the CA roster. Then a new DROS like you were purchasing a new gun.

This full replacement option with a like model that is on the CA Roster would be the easiest and least expensive remedy for the
manufacturer, and with the manufacturer usually offering a credit if the CA Roster replacement is of lesser cost than the old damaged
handgun, or a discount if the replacement handgun on the CA Roster is more expensive. With this remedy most manufacturers would not
want to deal with the added ATF paperwork to use the same serial number on a new replacement frame for the exact model.