S&W model 439 Semi Auto Broken

tjtoolbox

tjtoolbox

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I purchased a gun in September of last year, a S&W Model 439 from a private seller. Little did I know that the gun frame was damaged when I bought it.I asked the seller to buy it back but he refused. So I sent it to S&W factory to see if it could be repaired, answer back NO WAY. So I have stripped the gun of all it's parts and will sell on a Forum less the broken frame which carries the Serial No of the gun.I want to end this Nightmare.
Can I turn the frame into my local LE and my Paperwork for it and be done with the gun? Or do I have to keep it with all the paperwork?
 
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Goliathan said:
Could you be a little more specific? I'm curious, too
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S&W sent it back to me because it was not repairable , it is a second gen gun and they have NO second gen parts includinfg FRAMES.
If you understand S&W you would know what I am talking about.

I am selling all the parts on S&W Forum less the FRAME.
 
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Turn the frame in at a town/city Gun Buy Back and see if you can get $50 or a gift card for it (or whatever they offer).
 
Can you take a picture of where it's broken? What material is the frame? Steel or aluminum and depending on where it's broken, it could probably be welded.
 
Sorry S&W could not fix it, So I stripped it from the frame and sold All the parts on S&W Forum, Loss of $200.00. Repair looked to be inpossible not much meatal to try to weld back. It is a done Deal.


MAJoe said:
Can you take a picture of where it's broken? What material is the frame? Steel or aluminum and depending on where it's broken, it could probably be welded.
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slap shot said:
Too bad Smith doesn't have a lifetime warranty.
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They do but due to various owners and agreements when the company was sold, that only applies to guns mfd after 1986. I had to pay for the repair to my S&W 39 due to this fact. And if they don't have the parts for a gun older than 1986 you are SOL wrt S&W taking care of it.

Secondly S&W is paranoid of the EOPS List/AG Regs BS and replacing a frame, ala Glock in this reqard.
 
Len-2A Training said:
They do but due to various owners and agreements when the company was sold, that only applies to guns mfd after 1986. I had to pay for the repair to my S&W 39 due to this fact. And if they don't have the parts for a gun older than 1986 you are SOL wrt S&W taking care of it.

Secondly S&W is paranoid of the EOPS List/AG Regs BS and replacing a frame, ala Glock in this reqard.
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Gotcha, I did not know this. Too bad they can't replace an unrepairable with something modern, but i get it.
 
tjtoolbox said:
Broken to the point that it cannot be repaired.
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Pic??

Anything is repairable. Too bad the OP moved so fast. (2 days from statement of problem to everything is sold) Thats a nice old gun. A good welder can make it stronger than it was when it came from the factory.

I have no idea why anyone would send a frame to the Police. Nail it to the wall in your garage as a reminder of your follies.

Don

p.s. Its not a firearm per MA law, so no storage issues.
 
[QUOTE/]p.s. Its not a firearm per MA law, so no storage issues.[/QUOTE]

Is this true? At what point does it cease to be a firearm if that's the part of it that bears the serial number? I ask because i read all the time about how an AR lower with a serial number is the important FFL part, even without the rest of the parts.

Honest question, here. I've probably misunderstood something.
 
Goliathan said:
[QUOTE/]p.s. Its not a firearm per MA law, so no storage issues.
Click to expand...
Is this true? At what point does it cease to be a firearm if that's the part of it that bears the serial number? I ask because i read all the time about how an AR lower with a serial number is the important FFL part, even without the rest of the parts.

Honest question, here. I've probably misunderstood something.
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The frame is a firearms under FEDERAL law.

It is not a firearm under MASSACHUSETTS law.
 
please post a picture.. tig welder here and i would love to see the damage and possibly pay you for it?
 
tjtoolbox said:
So if I cut the frame up and sell it to a metal recyle , am I good to go and forget about the MA paperwork that I have for a non existant gun?
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Under MGLs, it has to be able to fire a shot to be a "firearm", therefore a stripped frame is not a gun requiring the same paperwork and safeguards at the State level as a complete gun.

Feds, regard a frame or reciever as the "firearm" in a basket of parts.

Unfortunately, the destroyed frame will be on your "inventory" if you filed an FA-10 on it. Not sure you can get it removed.
 
MisterHappy said:
Under MGLs, it has to be able to fire a shot to be a "firearm", therefore a stripped frame is not a gun requiring the same paperwork and safeguards at the State level as a complete gun.

Feds, regard a frame or reciever as the "firearm" in a basket of parts.

Unfortunately, the destroyed frame will be on your "inventory" if you filed an FA-10 on it. Not sure you can get it removed.
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Just approached by someone that is interested in the broken frame, they think that they can repair it and will make offer for it . If I should accept ,would I do a FA-10 to them for the frame and broken part?
 
MisterHappy said:
Unfortunately, the destroyed frame will be on your "inventory" if you filed an FA-10 on it. Not sure you can get it removed.
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Why would he care. Anything you can legally do to make the database inaccurate is a good thing. Its practically your duty as a MA gun owner.

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iofneedle said:
I find this whole thread strange...

[popcorn]
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I agree. Guy comes on with a question about a broken gun. Then decides to part it out before any answers are really given. Now wants to chop up a frame for I don't know why?

I'm guessing he's young and impulsive. That's how I was when I was 25.

Don

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tjtoolbox said:
Just approached by someone that is interested in the broken frame, they think that they can repair it and will make offer for it . If I should accept ,would I do a FA-10 to them for the frame and broken part?
Click to expand...

NO - the frame is not a firearm per MA law.

No paperwork is necessary because, although its a firearm on the Federal side, no paperwork is required by feds for secondary sales. (sales not involving a licensee)
 
dcmdon said:
Why would he care. Anything you can legally do to make the database inaccurate is a good thing. Its practically your duty as a MA gun owner.

- - - Updated - - -



I agree. Guy comes on with a question about a broken gun. Then decides to part it out before any answers are really given. Now wants to chop up a frame for I don't know why?

I'm guessing he's young and impulsive. That's how I was when I was 25.

Don

- - - Updated - - -



NO - the frame is not a firearm per MA law.

No paperwork is necessary because, although its a firearm on the Federal side, no paperwork is required by feds for secondary sales. (sales not involving a licensee)
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I am not 25 add 37 more years to that.
What would you do with a gun with a frame that was not repairable? I paid $400.00 fo what I thought was a complete Gun, little did I know that when I field stripped parts came popping out that were not suppose to.The seller would not buy it back so I sent it to S&W to see if they could repair it, S&W said NO WAY. So instead of loosing the whole $400.00 , I desided to part it out except the frame to recover some of my money which was about $200.00 than loose the whole $400.00.
So Like I asked you in the beginning of this reply "What would You do" ?
 
tjtoolbox said:
I am not 25 add 37 more years to that.
What would you do with a gun with a frame that was not repairable? I paid $400.00 fo what I thought was a complete Gun, little did I know that when I field stripped parts came popping out that were not suppose to.The seller would not buy it back so I sent it to S&W to see if they could repair it, S&W said NO WAY. So instead of loosing the whole $400.00 , I desided to part it out except the frame to recover some of my money which was about $200.00 than loose the whole $400.00.
So Like I asked you in the beginning of this reply "What would You do" ?
Click to expand...


Your premise is probably incorrect. Almost anything is repairable. S&W will not reweld a frame for obvious liability reasons. I would have talked to a good welder about repairing the frame. If done right, a weld can be stronger than the original part.

If the welder said it was not repairable I would have parted it out just like you did.

Then I would nail the frame to the wall in my office as a reminder not to make the same mistake again. Or I'd use it as a paperweight. Or I'd try to sell it with full disclosure. Or I'd use it as a prop in my NRA Basic pistol class to teach proper grip. Remember, the bare frame is not a firearm in MA and not subject to safe storage laws. If sold in state all that would be required is money and a handshake.

Don
 
dcmdon said:
Your premise is probably incorrect. Almost anything is repairable. S&W will not reweld a frame for obvious liability reasons. I would have talked to a good welder about repairing the frame. If done right, a weld can be stronger than the original part.

If the welder said it was not repairable I would have parted it out just like you did.

Then I would nail the frame to the wall in my office as a reminder not to make the same mistake again. Or I'd use it as a paperweight. Or I'd try to sell it with full disclosure. Or I'd use it as a prop in my NRA Basic pistol class to teach proper grip. Remember, the bare frame is not a firearm in MA and not subject to safe storage laws. If sold in state all that would be required is money and a handshake.

Don
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Well Don , before it was sent to S&W the seller took the gun to some very good gunsmiths and said that it was NOT repairable. Then I sent it to S&W and the told me the same thing and that did not have a replacement frame for it as it is a second Gen. gun. So I parted it out to recoupe my losses. I was not incorrect in my premise that it was not repairable. It is just a BARE piece of metal to me with no future purpose. If you know anyone that is interested in it let me know.
Joe
 
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It may not be cost effective to repair but someone with some aluminum TIG ability and machining skill could bring it back to life.

Unless the crack impinges on the serial number, then it may not be possible to repair without incurring the wrath of the ATF.
 

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