Replacement handgun from manufacturer question.

[jmkrick]

I sent a Beretta Tomcat 3032 to Beretta for repair. They decided to replace the pistol instead if repairing it. They shipped the replacement pistol directly to my house with a letter stating that this pistol serial number: xxxxxxxxx replaces serial number: yyyyyyyyy

Is there a problem with them sending me a replacement pistol with a differrent serial number without it going through an FFL dealer?
This is only the second time I had a pistol replaced. The first time was a Walther P22 from Smith & Wesson but they shipped it to an FFL dealer.

Does the section in red below make this okay?
SNIP>>>
§ 922. Unlawful acts
(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; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

[JayBell]

this is perfectly fine and lawful behavior by a manufacturer or importer, and should cause you no issues at all.

[Xringshooter]

No problems with what the manufacturer/importer did. However, if you are concerned, store all the paperwork you got with the replacement gun in a safe place. If there were to be any questions in the future you have those documents to show what the events were.

[HiredGoon]

And now your replacement pistol is not on the PA "gun registration" ( ) list

[tl_3237]

There is no question that this is permitted under Federal law (18 USC §922(a)(2)(A)) but does this violate Pa law?

I know its done all the time and my initial thoughts was that it didn't violate Pa law - intuitively it shouldn't - but I cannot find any support in the statutes. What am I missing?

18 Pa CSA §6111. Sale or transfer of firearms.

(a) Time and manner of delivery.--

(1) Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.

(2) Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. § 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.

(b) Duty of seller.--No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:
[... normal FFL transfer process]

[JayBell]

no, it doesn't violate PA law, as yu've already passed the PICS or whatnot to own the pistol...the broken one.

since the factory replaced the original pistol with another, thats listed as so in the MFGs direct records as replacing Ser# XXXXXX with Serial #XXXXXXX they are simpley returning your property to you.

yes its a "new gun" but its the same as the 'old gun"

its not a NEW purchase however.

[jmkrick]

I just want to make sure that my gun is 100% legal. All the dealers seem to think it must go through an FFL. (I know that some of them are just after the transfer fees.)

[JayBell]

you properly quoted the law in your first post.

[jmkrick]

Anyone else had a pistol replaced like this?

[Spishack357]

Anyone else had a pistol replaced like this?

Haha calm down man, everything is going to be OK...








until the swat team shows up and kicks down your door...