Warranty Work Legal Question

**gold eagle** · August 30th, 2011, 05:36 PM

This may be in the wrong place

I sent back to MFG'r a AK 74 that I couldn't bring the windage in at 25 yrds.
They found several things wrong and want to scrap the whole gun. They will send me, to my home, (no FFL) a new complete rifle. This doesn't sound too legal to me. What do you legal gurus think?

**PaBimmerGuy** · August 30th, 2011, 05:41 PM

Originally Posted by gold eagle

This may be in the wrong place

I sent back to MFG'r a AK 74 that I couldn't bring the windage in at 25 yrds.
They found several things wrong and want to scrap the whole gun. They will send me, to my home, (no FFL) a new complete rifle. This doesn't sound too legal to me. What do you legal gurus think?

im not a lawyer but i have an ffl. that is perfectly legal under federal law. if you send a gun in for repair and they have to replace it the may send the replacement directly to you if state law allows that.

generally speaking if an importer or manufacturer is willing to do something it is usually legal.

**forddave** · August 30th, 2011, 06:12 PM

i had a beretta i sent back and they did the same thing,could'nt fix it so they scraped it and replaced it with a new one which was shiped to my home. they also sent a letter stating they kept sn##### and replaced it with sn###. i spoke to two shops and they both said, they can't do that,it has to go thru a ffl and recomended i bring it in to do paper work. i said no thank you. my thoughts are if beretta did it, its legal. if any ffl holders are here i would love to hear from ya also, because i had the same question a couple of months ago.

**tl_3237** · August 30th, 2011, 06:43 PM

FWIW I just went through this two weeks ago and researched the laws. S&W scrapped the frame from my .38 and I had to involve an FFL on the return of the new frame.

As PaBimmerGuy already stated Federal law permits a manufacturer to swap frames and send the new frame directly to you.

Unfortunately Pa, under 18 Pa CSA 6111(b), requires that handguns with a new frame be processed by an FFL same as a new purchase/transfer.

Longarms transfers need not involve FFL services in Pa so a direct ship to you is AOK both on the Federal and state level.

BTW I had S&W send the 'new' frame to the shop where I originally purchased the handgun - the Sportsmens Shop in New Holland. Although they could have charged a transfer fee they did it gratis since they sold me the defective gun (even thought they didn't make it). I even tried to force them to at least take the $5 for the PICS fees and they refused.

So bottom line - handgun, BBR, or SBS requires FFL to formally transfer the repaired gun if not the same serial number as the gun tendered for repair; longarms - no FFL required.

I have also read that when Kel-Tec scraps a frame they simply replace it with a frame with an identical s/n thus avoiding the FFL on the return trip.

18 USC § 922. Unlawful acts

(a) It shall be unlawful—

(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—

(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received;

**gold eagle** · August 30th, 2011, 09:57 PM

Originally Posted by PaBimmerGuy

im not a lawyer but i have an ffl. that is perfectly legal under federal law. if you send a gun in for repair and they have to replace it the may send the replacement directly to you if state law allows that.

generally speaking if an importer or manufacturer is willing to do something it is usually legal.

I live here in pa so am I covered?

**bluedog46** · August 30th, 2011, 10:00 PM

i was told once that If they give you a totally new gun you need an ffl but if you they use yours ( or parts of yours) you dont need ffl.

Good to know

**gold eagle** · August 30th, 2011, 10:05 PM

Thanks!!! Feel better now!

**gold eagle** · January 12th, 2012, 01:22 PM

UPDATE rifle in question sent to Lancaster Arms in Arizona (owner) Chet Durda has been boning several customers to the point the Atty. Generals office is now on his tail! Sent my AK 74 clone for work in August and never saw it again! Lancaster even has a web site dedicated to their misdeeds

http://lancasterarmssucks.blogspot.com/