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-   Ruger Mini-14 and Mini-30 (http://www.perfectunion.com/vb/forumdisplay.php?f=86)
-   -   Question Rifle repair (http://www.perfectunion.com/vb/showthread.php?t=210538)

Gary8907 07-21-2020 22:23

Rifle repair
 
I submitted this thread a few minutes ago, but it didn't show up in the forum, so I'll try again. (Hope it doesn't come through as a duplicate)

I have two scenarios that I would like to hear responses from, by Forum members that have first hand knowledge.

Scenario #1 - An individual returns his rifle to Ruger to be repaired, but Ruger determines that the rifle cannot be repaired so they want to send a new rifle out as a replacement. Does Ruger send the new rifle directly to the individual, or is Ruger obligated to send it to an FFL since it is a new item ?

Scenario #2 - The individual takes his rifle to an FFL gunsmith for repair, but he can't fix it so the gunsmith sends the rifle to Ruger for repair, and as in #1 the rifle cannot be fixed so Ruger send's out a new rifle to the gunsmith. Is the FFL gunsmith required to have the individual fill out a 4473, and do a background check prior to turning the rifle over to the individual ?

Thanks for any responses.

40nascar 07-22-2020 03:07

Mostly depends on your state and local law. Once upon a time in the PRK, about 10 years ago, i sent my mini straight to Ruger, and they sent it straight back to me. The laws in Ca changed, and we cant do that anymore

Saudade 07-22-2020 08:00

Check your own state laws however....

A new gun has a new serial number and requires a transfer through an FFL and whatever additional transfer requirements for your state, including payment of fees.

A gun repaired (not replaced) can be returned directly to the owner (again subject to state law).

firescout 07-22-2020 13:43

Quote:

Originally Posted by 40nascar (Post 1643390)
Mostly depends on your state and local law. Once upon a time in the PRK, about 10 years ago, i sent my mini straight to Ruger, and they sent it straight back to me. The laws in Ca changed, and we cant do that anymore

Can you cite the penal code section that prohibits shipping/receiving your firearm to/from a firearms manufacturer for the purposes of repair? I can't find one...

https://leginfo.legislature.ca.gov/f...r=1.&article=1.


I am not aware of any change in California law that would now require a firearm owner to send and receive a firearm, submitted to a repair facility (factory or gunsmith), through a California-based FFL.

A California resident, who legally owns a specific firearm, may directly send/receive that firearm to/from a gunsmith or repair facility that possesses the proper FFL.

Sending/receiving your firearm to/from a repair facility/gunsmith is not a firearms "transfer".

The above applies to a firearm not classified as an "assault weapon".

hylander 07-22-2020 21:24

Scenario 1 and 2 same outcome.

Quote:

Originally Posted by Gary8907 (Post 1643380)
Scenario #1 - An individual returns his rifle to Ruger to be repaired, but Ruger determines that the rifle cannot be repaired so they want to send a new rifle out as a replacement. Does Ruger send the new rifle directly to the individual, or is Ruger obligated to send it to an FFL since it is a new item ?

Replacement firearm must be sent to FFL.
New 4473 because of serial number change.


Scenario #2 - The individual takes his rifle to an FFL gunsmith for repair, but he can't fix it so the gunsmith sends the rifle to Ruger for repair, and as in #1 the rifle cannot be fixed so Ruger send's out a new rifle to the gunsmith. Is the FFL gunsmith required to have the individual fill out a 4473, and do a background check prior to turning the rifle over to the individual ?

Yes

Thanks for any responses.


hylander 07-22-2020 21:45

Firescout:

You are correct concerning shipping for repairs, nothing has changed.

40nascar 07-22-2020 21:55

Then there must be a misunderstanding by most of the Gun shops. They want to DROS eveything that comes back to their shop.

hylander 07-22-2020 22:17

Quote:

Originally Posted by 40nascar (Post 1643550)
Then there must be a misunderstanding by most of the Gun shops. They want to DROS eveything that comes back to their shop.

The only time a redros must happen is if there is a replacement firearm,
I.E. different serial number.

40nascar 07-23-2020 00:37

What about a long gun purchased before the DROS requirements kicked in ( pre-2014)?

kwg020 07-23-2020 14:39

I suspect that any gun being returned to California whether their is a State code or not is automatically put through the 10 day waiting period and another 4473. Just to be on the safe side of any California prosecutor that thinks there was a violation.

About 7 or 8 years ago I worked for a local company selling AR10 lowers that were not on the California banned list. Almost every dealer I talked to was scared ****less of their California Attorney General. They all said the same thing: I could be right but I'm going to get sued and the State will financially ruin me. They do not care if I am right or not, I will get sued. The AG at the time was Kamala Harris. I'm guessing no one with an FFL wants to take a chance to get sued by the State. Even if they are right, they will be in financial ruin.

I think there is your answer.

kwg

hylander 07-23-2020 19:25

Quote:

Originally Posted by kwg020 (Post 1643654)
I suspect that any gun being returned to California whether their is a State code or not is automatically put through the 10 day waiting period and another 4473. Just to be on the safe side of any California prosecutor that thinks there was a violation.

Not True, firearms sent out for repair and then being returned to the original owners do not get drosed, there is no 10 day wait or filling out a 4473

About 7 or 8 years ago I worked for a local company selling AR10 lowers that were not on the California banned list. Almost every dealer I talked to was scared ****less of their California Attorney General. They all said the same thing: I could be right but I'm going to get sued and the State will financially ruin me. They do not care if I am right or not, I will get sued. The AG at the time was Kamala Harris. I'm guessing no one with an FFL wants to take a chance to get sued by the State. Even if they are right, they will be in financial ruin.
I think there is your answer.

Any FFL dealer thinking this way is wrong minded.
First you would have to have a violation, also you don't get sued you get fined or your doors shut depending on the violation.
7-8 years ago most lowers were California legal and still are, generally the only dealers not wanting to dros them are the big box stores and even some of those are now drosing them.


kwg


Way to much misinformation going around.

Saudade 07-23-2020 20:05

From https://oag.ca.gov/firearms/dlrfaqs#28G

"How do I handle the paperwork when a purchaser returns a defective firearm?
If a firearm is brought to you for service or repair, you may return it to the person who submitted it for repair without undergoing the DROS process. If the firearm (or a serialized part) must be replaced, a new DROS is required.

(Pen. Code, 28100, subd. (b)(10))"

Gary8907 07-23-2020 21:00

So far I've seen a couple of reply's from California residents, but I'm wondering what the BATF rules are that apply to the other 49 states.

hylander 07-23-2020 21:44

Quote:

Originally Posted by Gary8907 (Post 1643716)
So far I've seen a couple of reply's from California residents, but I'm wondering what the BATF rules are that apply to the other 49 states.

BATF regs are the same.
Most states are the same, but some states may have additional regs.

kwg020 07-24-2020 20:16

Quote:

Originally Posted by hylander (Post 1643708)
Way to much misinformation going around.

Exchange the word sued with prosecuted

kwg

spacewolf223 07-24-2020 20:31

not quite the same deal ..but...
 
When the SR9 pistols came out , the first batch had a recall , and ruger sent a box to you , and it was sent back to you via usps . Unless your 4473 has you worried , call Rugair !!!

imarangemaster 07-24-2020 21:31

Quote:

Originally Posted by Gary8907 (Post 1643380)
I submitted this thread a few minutes ago, but it didn't show up in the forum, so I'll try again. (Hope it doesn't come through as a duplicate)

I have two scenarios that I would like to hear responses from, by Forum members that have first hand knowledge.

Scenario #1 - An individual returns his rifle to Ruger to be repaired, but Ruger determines that the rifle cannot be repaired so they want to send a new rifle out as a replacement. Does Ruger send the new rifle directly to the individual, or is Ruger obligated to send it to an FFL since it is a new item ?

Scenario #2 - The individual takes his rifle to an FFL gunsmith for repair, but he can't fix it so the gunsmith sends the rifle to Ruger for repair, and as in #1 the rifle cannot be fixed so Ruger send's out a new rifle to the gunsmith. Is the FFL gunsmith required to have the individual fill out a 4473, and do a background check prior to turning the rifle over to the individual ?

Thanks for any responses.

WHen they sent a replacement Mini-30 (at least in my case in California) they had to send it to an FFL. Since it was a new firearm that was malfunctioning and had to be replaced, they paid the fees I incurred.


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