Question regarding gun exchange with manufacturer

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Question.
I purchased a firearm for a local dealer.
When I arrived home with said firearm I found it to be defective.
Local dealer says send it back to the manufacturer.
Manufacturer sends me a UPS label and gun gets shipped back to them.
Manufacturer finds gun to be defective, sends me a new gun.
What do I have to do to ensure the new gun I have is legal?
I have looked at the EFA10 forms online, but none seem to fit my needs.
And, on a personal note, I have only purchased or sold with a dealer with brick and mortar. Never made an online purchase.
 
Do an eFA-10 as registration with the new S/N and that is all. No info is required about the source of the gun so ignore that screen when it comes up.
 
Len is correct (as ususal), however, many manufacturers require any replacement with a new s/n to go through a dealer. Can you tell us what manufacturer was sufficiently pro-consumer to do the allowed direct no dealer exchange?
 
Thanks everyone.
But, What about the original gun?
Do I have to do an eFA10 for that?
I wrote back to them asking what happens to my return. Does it get destroyed or repaired and resold to someone as a used firearm?
 
Do you have any paperwork showing that you shipped the original firearm to the manufacturer? To include copies of your original FA-10 and any bill of sale from the FFL?

Absent any more legal insights from others on the board I would keep copies of this paperwork along with the eFA-10 to show what happened.

Probably not necessary or required, but then I tend to be very anal about paperwork.
 
This happened with a S&w that I bought. They sent the replacement direct to FFL and then covered the transfer cost. I think that is how the process ‘should’ happen?
 
Can we not out the manufacturer? No good can come of it.

+1

Keep it under wraps. While I would love to know so I could put them on my list of manufacturers to buy from, there's no sense in sicking the AG's office on the manufacturer by outing them.
 
This happened with a S&w that I bought. They sent the replacement direct to FFL and then covered the transfer cost. I think that is how the process ‘should’ happen?

Federal law allows allows manufactures to send repaired or replacement firearms directly back the customer.. that's how it's supposed to happen.
A lot of manufactures, especially when dealing with us MA peasants.. refuse to ship firearms to us and insist on going through a dealer.
 
Federal law allows allows manufactures to send repaired or replacement firearms directly back the customer.. that's how it's supposed to happen.
A lot of manufactures, especially when dealing with us MA peasants.. refuse to ship firearms to us and insist on going through a dealer.

Sure, that's how it's supposed to work, but Moar would disagree with you. Cos, y'know, the kids and shit.
 
Can we not out the manufacturer? No good can come of it.

Totally agree! Perfectly legal but our AG disapproves of everything gun related, so why invite trouble.

Thanks everyone.
But, What about the original gun?
Do I have to do an eFA10 for that?
I wrote back to them asking what happens to my return. Does it get destroyed or repaired and resold to someone as a used firearm?

Fed Law determines what they do with it. Not our problem however. I'd just keep your original FA-10, along with doc about the replacement and the new FA-10 you did stapled together and you're done.

This happened with a S&w that I bought. They sent the replacement direct to FFL and then covered the transfer cost. I think that is how the process ‘should’ happen?

Nope. Not required or desired, however some mfrs are scared of our mad dog AG, so they add their own CYA rules.

+1

Keep it under wraps. While I would love to know so I could put them on my list of manufacturers to buy from, there's no sense in sicking the AG's office on the manufacturer by outing them.

Exactly.
 
I had a faulty M1a that the manufacturer replaced. They sent the new rifle with a document showing x serial number was replaced with y serial number as x was defective. Fa-10ed the y serial number and keep both documents on file. This was 5 or 6 years ago.
 
Per the DCJIS, You need to transfer the firearm via the eFA10 portal to the mfg. Unless you are ok having it registered to you when you no longer own it. Your call
 
Per the DCJIS, You need to transfer the firearm via the eFA10 portal to the mfg. Unless you are ok having it registered to you when you no longer own it. Your call

Lol, nobody does this though. Nor will anyone believe that it actually deregisters you from the gun by doing so... I doubt that trail of records is ever really deleted....

-Mike
 
Federal law allows allows manufactures to send repaired or replacement firearms directly back the customer.. that's how it's supposed to happen.
yeah, the same gun with the same #. a replacement with a new number goes to a ffl. i've seen a manufacturer or two send a new gun with the old number on it and a document stating the original gun was destroyed, beyond repair.
A lot of manufactures, especially when dealing with us MA peasants.. refuse to ship firearms to us and insist on going through a dealer.
haven't encountered one yet and i'm a vetern of many returns for repairs over the years. it always comes to the house.
 
Per the DCJIS, You need to transfer the firearm via the eFA10 portal to the mfg. Unless you are ok having it registered to you when you no longer own it. Your call

Some will say "this is the law" BUT you can't do this without the MA Dealer's License Number . . . which doesn't exist for non-MA Dealers/Mfrs! The eFA-10 system will NOT accept any transaction without a MA Dealer's License/LTC/FID number, period!! Poor design if that is what they wanted you to do. Also see my comment below Mike's.

Lol, nobody does this though. Nor will anyone believe that it actually deregisters you from the gun by doing so... I doubt that trail of records is ever really deleted....

-Mike

NOTHING is deleted. This was confirmed to me by Michaela Dunne not long ago. And she says that it is not "accidental" that they want ALL transactions to show even if you don't own it anymore.

So there is absolutely no way to get anything out of your name no matter what gyrations they do.
 
18 USC § 922(a)(2)(A) allows a FFL to return a "replacement firearm of the same kind and type" to a non-licensed person (my emphasis underlined).
Quote:
(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; 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...
Per 27 CFR § 478.124(a), no Form 4473 is required when sending a replacement firearm to the same non-licensed person who initially sent in a damaged firearm for "the sole purpose of repair". This allows the replacement to be sent directly to a non-licensed person with no FFL transfer.
Quote:
(a) A licensed importer, licensed manufacturer, or licensed dealer shall not sell or otherwise dispose, temporarily or permanently, of any firearm to any person, other than another licensee, unless the licensee records the transaction on a firearms transaction record, Form 4473: Provided, That a firearms transaction record, Form 4473, shall not be required to record the disposition made of a firearm delivered to a licensee for the sole purpose of repair or customizing when such firearm or a replacement firearm is returned to the person from whom received.
 
Consulted another local expert on MA gun laws and Len is correct.
No laws were broken. I fill out the eFA-10, retain all original paperwork along with manufacturers paperwork showing the return.
The manufacturer said the returned defective gun will be cut in half and melted.
Also it was confirmed that every gun you purchase remains on your purchase record with no way of exonerating said firearm.
Thanks everyone, and Merry Christmas!. Especially to you AG! ;)
 
IIRC the mfr has to report the S/N of the destroyed gun to BATFE. Perhaps an 07 here can confirm that.
At any rate there is a paper trail of both the old and the new S/N gun at the Fed level.
 
Ruger sent me a new SR22 after they tried to fix it 3 times.
When they sent the new gun it went to an FFL because of the new serial number. "Repairs" can go right back to the LTC shipper.
But a replacement had to go to the FFL. the FFL did not charge me a transfer fee by the way. It's possible Ruger paid them directly.
 
Ruger sent me a new SR22 after they tried to fix it 3 times.
When they sent the new gun it went to an FFL because of the new serial number. "Repairs" can go right back to the LTC shipper.
But a replacement had to go to the FFL. the FFL did not charge me a transfer fee by the way. It's possible Ruger paid them directly.

WRONG! Read Fed Law (I think it was posted above). Mfrs are afraid of our AG so many ship only to an FFL but there is an exemption in the law for this.
 
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