Return of firearm after repair

[EBR Works]

Scenario:

Buyer needs factory service for a handgun previously transferred to him by us. Manufacturer refuses service for said firearm unless returned by an FFL. We log the firearm back into our A&D from the owner and then ship it to the manufacturer, logging it out of our A&D to them. The firearm is serviced and returned to us and we log it back into A&D. Serial number of the firearm has not changed. The question is; can we simply return the firearm to the owner? I seem to recall a conversation with the CA DOJ that if a firearm transitions through our A&D, it needs to be run through DROS again.

We have been unable to reach our attorney to clarify this.

Thoughts?

Thanks!

[ke6guj]

I don't see why this wouldn't apply,

27105. Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) do 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, or to the delivery of a firearm
by a gunsmith to a person licensed pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
for service or repair and the return of the firearm to the gunsmith.

I don't see where it should matter to the owner whether or not you repaired it yourself or passed if off to another FFL to repair it for you.

I seem to recall a Riverside-based FFL that takes in repair jobs and does the "easy" jobs inhouse but subcontracts to another FFL to do the "hard" work. To the customer, I don't think it makes a legal difference.

[edwardm]

If the serial # is the same, 27105 is the applicable exception. The sticking point for different serial #'s is the term "the firearm". Implication that it's the same firearm going to the mfg. and coming back to the owner-via-FFL.

A different serial # means a different firearm, so the need for DROS in that case.

I won't delve into Federal law since it would be moot for this question (but would apply in a 'free' state).

[ripro75]

I think Jack summed it up. No reason to DROS unless it is a different serial #.

[EBR Works]

Thanks guys!