Replacement Shotgun from Manufacturer

[180pilot]

[tenpercentfirearms]

If you are not a dealer and are just an individual and the manufacturer wants to send you a new one, just take it. If anyone has a problem with it, they will let you know and since the dealer is a bigger fish than you and should know better, just keep your mouth shut and tell them to talk to the manufacturer's lawyer.

If the manufacturer wants to do it, then it is probably legit.

[jtmkinsd]

Unless they are sending you a new shotgun, with the same serial number engraved on it, you are supposed to re-DROS. That being said...long guns have no "registration" as such, so if they were to send it to your door, nobody would be the wiser...but I got a feeling they're not up to speed on CA law.

[tenpercentfirearms]

Unless they are sending you a new shotgun, with the same serial number engraved on it, you are supposed to re-DROS. That being said...long guns have no "registration" as such, so if they were to send it to your door, nobody would be the wiser...but I got a feeling they're not up to speed on CA law.

Do you have some penal code references for this? I thought I remember kemasa finding out where you didn't have to do this, but I am too lazy to look for it right now.

[Mssr. Eleganté]

Do you have some penal code references for this? I thought I remember kemasa finding out where you didn't have to do this, but I am too lazy to look for it right now.

It would just fall under the standard 12072(d) requirement that firearms transfers in California go through a California licensed dealer. California law has an exemption for a repaired firearm being returned directly to the owner, but not for a replacement firearm.

If the owner travelled out of California to pick up the replacement firearm directly from the out of state FFL then California law wouldn't apply. The above quoted Federal law allows for the return of a repaired or replaced firearm to the owner.

[180pilot]

But Then....

Then what about CA wanting this documentation on the serial # you do not have anymore:

http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf

[Mssr. Eleganté]

Then what about CA wanting this documentation on the serial # you do not have anymore:

http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf

There is no legal requirement to ever use that form.

[kemasa]

I do not recall replacement firearms being exempt from having to DROS it, but who knows and it might have been on the Federal level. The FAQ says that replacement firearms have to be DROS'd, but that seems mainly for long guns. There is really no point for a lnon-handgun since the serial number is not recorded.

http://ag.ca.gov/firearms/dlrfaqs.php#25G

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))