**UPDATED - gun replaced**. My Dan Wesson 357 is toast.

Every now and again, right after the daydream where I single-handedly stop a snack bar with a S&W 642, making that head shot at 50 yards, I have a slightly more unrealistic dream about a Massachusetts where I can order any revolver or lever gun that I want and have it transferred to me at my LGS without even thinking about a "roster" or "magazine restriction".
 
Every now and again, right after the daydream where I single-handedly stop a snack bar with a S&W 642, making that head shot at 50 yards, I have a slightly more unrealistic dream about a Massachusetts where I can order any revolver or lever gun that I want and have it transferred to me at my LGS without even thinking about a "roster" or "magazine restriction".
With regards to the roster it's not a dream, just need to know where to go and who to ask.
 
Since they are hard to get in MA, could you send them the whole thing, and have them return a "replacement" with the same serial number?
That BS list has no effect. You can send it out and get it delivered to your door no problem.

That list doesn't mean a gun is illegal to own. That topic has been beaten to death in like 600 different threads.
 
I haven’t got that far yet. But it doesn’t matter since I already lined up a dealer for the transfer - if they decide to ship to a dealer.
Because they are returning a brand new gun, most likely with a different serial number, does it have to ship back to a dealer?
 
Because they are returning a brand new gun, most likely with a different serial number, does it have to ship back to a dealer?
Yeah it’s looking like it will go to a dealer. Bob just emailed me now saying the “gun isn’t compliant so there aren’t many variables in shipping”.

Hopefully he ain’t going to make me ship to a free state dealer first. Ugh. I’ll see if I can get him to ship to my MA dealer. Not the end of the world if he makes me ship to a free state. Just going to add costs.
 
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Yeah it’s looking like it will go to a dealer. Bob just emailed me now saying the “gun isn’t compliant so there aren’t many variables in shipping”.

Hopefully he ain’t going to make me ship to a free state dealer first. Ugh. I’ll see if I can get him to ship to my MA dealer. Not the end of the world if he makes me ship to a free state. Just going to add costs.
Tell him to stop being a p*ssy. [laugh]
 
Yeah it’s looking like it will go to a dealer. Bob just emailed me now saying the “gun isn’t compliant so there aren’t many variables in shipping”.

Hopefully he ain’t going to make me ship to a free state dealer first. Ugh. I’ll see if I can get him to ship to my MA dealer. Not the end of the world if he makes me ship to a free state. Just going to add costs.

Not sure if the same rules apply, but when Glock swapped my cracked frame and upped the Gen from 2 to 3 on a 'repair' with a different serial, etc, they just shipped it to my door with a letter saying out with the old, in with the new.
1603973258837.png
 
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Not sure if the same rules apply, but when Glock swapped my cracked frame and upped the Gen from 2 to 3 on a 'repair' with a different serial, etc, they just shipped it to my door with a letter saying out with the old, in with the new.
View attachment 405071
Maybe I’ll tell him what Glock does and see if that changes his mind😂
 
it is a pistol/revolver... shipping it to a out of state FFL does you no good as the free state FFL can't transfer it to you.

The only way around it is to get it sent direct as a warranty/service replacement, and you EFA-10 it upon receipt

Now if they disassembled a completed gun, and sent the frame to a FFL, and the rest to you and you put it together.....
 
But there are no DW guns on the list - Handgun Roster or Target - FFL can't really transfer to you

As an aside now i see the first Taurus is on the list! And two Bond Arms models.

.
Fortunately achieving compliance with MGL 140 123 and 940CMR16 is the responsibility of the dealer effecting the transfer and not subject to the opinions of randoms on the internet. We love you @67ray but you are out of your swim lane here.

The Dan Wesson 715 revolver is capable of easy removal of both the cylinder and the barrel. When you have the remaining piece of metal in your hands w/o a barrel or cylinder, what is it? Federally it it no longer a revolver/handgun but is now a "firearm". In MA it is no longer a firearm but is not a paperweight. Following of federal law on the transfer of a firearm requires a 4473. Following MA law on the transfer of a paperweight requires??? Correct, nothing.

The DW 715 is one of the rare revolvers where it is possible to easily deconstruct to something that is no longer a firearm under MA law which allows for flexibility in the disposition of the 715 to inmates of MA.

Consider this post a theoretical post if you wish, but before as a non-dealer declaring what is and is not possible, remember that it is all the responsibility of the dealer and some dealers know the law a hell of a lot better than anyone else on the internet.
 
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from another forum:

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.
 
from another forum:

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.
Yes, this is the other method for this to work within both federal and state law. The problem is that not all federal license holders understand that state law does not get in the way of what is shown to be legal here federally. They get hung up on MA law. Glock for all its faults has at least figured this out. I know of few other manufacturers that understand this.
 
If you ship it directly to them, then they should be able to send it directly back to you as a warranty repair. Even with a new serial number.
If you ship it to them via FFL, then it needs to go back to that FFL.
 
If you ship it directly to them, then they should be able to send it directly back to you as a warranty repair. Even with a new serial number.
If you ship it to them via FFL, then it needs to go back to that FFL.
CZ did this for me a few years ago. They own Dan Wesson so you’d think this wouldn’t be a problem lol
 
it is a pistol/revolver... shipping it to a out of state FFL does you no good as the free state FFL can't transfer it to you.

The only way around it is to get it sent direct as a warranty/service replacement, and you EFA-10 it upon receipt

Now if they disassembled a completed gun, and sent the frame to a FFL, and the rest to you and you put it together.....

That could work because it is a new gun.
 
Because they are returning a brand new gun, most likely with a different serial number, does it have to ship back to a dealer?
That's what the Peanut Gallery was supposed to be wondering in the first place,
and ...
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).
...that's the kind of info that was needed.

I knew the issue had been raised before,
but it doesn't pop up enough for me to memorize it.
 

Fortunately achieving compliance with MGL 140 123 and 940CMR16 is the responsibility of the dealer effecting the transfer and not subject to the opinions of randoms on the internet. We love you @67ray but you are out of your swim lane here.

The Dan Wesson 715 revolver is capable of easy removal of both the cylinder and the barrel. When you have the remaining piece of metal in your hands w/o a barrel or cylinder, what is it? Federally it it no longer a revolver/handgun but is now a "firearm". In MA it is no longer a firearm but is not a paperweight. Following of federal law on the transfer of a firearm requires a 4473. Following MA law on the transfer of a paperweight requires??? Correct, nothing.

The DW 715 is one of the rare revolvers where it is possible to easily deconstruct to something that is no longer a firearm under MA law which allows for flexibility in the disposition of the 715 to inmates of MA.

Consider this post a theoretical post if you wish, but before as a non-dealer declaring what is and is not possible, remember that it is all the responsibility of the dealer and some dealers know the law a hell of a lot better than anyone else on the internet.
BOOM. [/THREAD].

Great post.
 
Should have picked up that DE. Would have held you over till this one arrived.
😂 now I’m really glad I didn’t get the DE. The Dan will keep me busy for awhile. Going to shoot the shit out of it. Planning to bring a few hundred rounds for it’s first range trip for a proper christening.
 
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