FA-10 question

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Had a firearm that was recalled for a safety defect, and they ended up replacing the (serialized) receiver as being out of safety spec. Do I need to file a new FA-10 for the firearm in question?
 

drgrant

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If the gun came through an MA dealer then they probably already did an FA-10 on it.

If it came straight back to you, I honestly don't know the answer.

If you are really paranoid, you could file a registration with the new SN on it. Just keep your documentation (that shows the frame replacement) regardless.

-Mike
 
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It sounds like you've already done everything you can do - i.e. filing the new FA-10. From the federal level, I'm sure Glock has taken care of things as far as the serial numbers go, etc. It's just the funky state stuff now.

What's unclear here is since this was a replacement gun - and it's NOT on the approved roster - is it legal - I would assume since it's a replacement from the manufacturer - yes - but it is a very grey area.
 
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It sounds like you've already done everything you can do - i.e. filing the new FA-10. From the federal level, I'm sure Glock has taken care of things as far as the serial numbers go, etc. It's just the funky state stuff now.

What's unclear here is since this was a replacement gun - and it's NOT on the approved roster - is it legal - I would assume since it's a replacement from the manufacturer - yes - but it is a very grey area.
It's perfectly legal to own something not on the list, and federal law explicitly protects direct shipments to customers for warranty and repair work. Remember that the legal rationale is that it's a "deceptive practice" to sell a weapon not on the list - there's no sale involved here.
 

drgrant

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It sounds like you've already done everything you can do - i.e. filing the new FA-10. From the federal level, I'm sure Glock has taken care of things as far as the serial numbers go, etc. It's just the funky state stuff now.

What's unclear here is since this was a replacement gun - and it's NOT on the approved roster - is it legal -

I would assume since it's a replacement from the manufacturer - yes - but it is a very grey area.

That part is not gray AT ALL.

Handgun Compliance does not apply outside of the context of a dealer based sale or transfer, and even then it's all on the dealer. Period, end full stop.

Let's not spread any more misinformation please.

-Mike
 

drgrant

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I presume this means that you filed an FA10 for the new gun. What about filing an FA10 for the transfer of the old gun to Glock?

I may soon be in a similar predicament.
Do you file an FA-10 when you sell a gun out of state to a dealer? (Say in NH, ME, etc) ? No.... then why would this be any different? The loss/transfer/etc didn't occur within the boundaries of MA. I would just keep the receipt around that says they replaced the frame.

Glock keeping your old frame is functionally no different than transferring it through an out of state FFL. They put it in their BB and then they do whatever procedure ATF has for destruction (assuming they destroy the defective frame).

Even in the case of an MA dealer, I believe it'd be the MA dealer's responsibility to perform the reporting, but this part becomes a little more unclear to me.

-Mike
 
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I quickly looked at he section of the law that requires filing FA10's including the reference to 128a and I didn't see where it says that an out of state sale is exempt from filing. It would appear that if I am a resident of Mass and transfer a gun then I need to file the fa10. I'll dig deeper because I respect your knowledge.
 

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I quickly looked at he section of the law that requires filing FA10's including the reference to 128a and I didn't see where it says that an out of state sale is exempt from filing. It would appear that if I am a resident of Mass and transfer a gun then I need to file the fa10. I'll dig deeper because I respect your knowledge.
I don't see any obligation by an MA resident to report a transfer which functionally occurs outside the boundaries of the commonwealth. Let's put it this way, the law regulates "reporting of transfers" and if that event - the "transfer" didn't functionally occur within the borders of MA, then it is outside their purview of MA law. In the other direction this is the very reason that registration on out of state acquisitions by MA residents only need to be reported within 7 days of the gun's entry into the state. MA (generally) knows they can't regulate anything that happens outside of their borders, so the act of bringing the gun into the state is the earliest "demarcation point" at which they have jurisdiction.

FWIW MA dealers don't do this either when selling guns to another dealer out of state. They just log it out of their bound book... of course, MGL has a whole bunch of other/different laws which address the "allowed behaviors" of dealers vs joe average. Basically, everything changes if an MA dealer is the buyer or the seller.

-Mike
 
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I presume this means that you filed an FA10 for the new gun. What about filing an FA10 for the transfer of the old gun to Glock?

I may soon be in a similar predicament.
No. They are a manufacturer and I was sending it in for repair. No FA-10 needed. And IF they had sent me back the original gun with the original serial, there would have also been no FA-10 needed.

Edit: They also sent me a receipt saying the old frame# was swapped out for the new frame#
 

ARV

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Frame's are not "guns" under mass law, but they are under federal. Once its assembled and "capable of firing a shot" it is a "gun" to Mass. With a new serial number, I believe you would have to send in an FA-10 once assembled.
 
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