I had to send my brand new weapon in because the buffer tube broke while extending the Magpul stock. S&W called and said the weapon is fixed but they had to replace the reciever which gave it a new serial number. Now they won't send it back to me, they insist on sending it to a licensed dealer who wants to charge me a $35.00 transaction fee. I know it's not a ton of money but come on man, at least suck up the dealer charge S&W.

That's federal law. It is out of their hands. OTOH, have you asked them about helping with the fee? Worst case they'll say no and you are in the same boat. Warranty work involving receivers can run the chance of a new serial number, and therefore, a new transaction.

Ask them if they will send it to an authorize S&W dealer close to you, maybe they could work a deal with that dealer as opposed to your LGS who may be a FFL holder but not a S&W dealer.

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Minimize the variables

Sorry, but I have to ask. How does a buffer tube break by extending a stock?

Was it the factory installed stock or did you add your own?

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FIDELITAS ET FORTITUDO

The tube didn't "break", the last notch in the tube had a piece of plastic snap off making it so the catch bolt on the stock wouldn't snap into it. I bought the Magpul version so it came with the upgraded stock. The stock was incredibly hard to extend and it just flew off the weapon 2 days after I bought it. You could reaatach it but it would fly off every time you extended it...

Where did you buy the weapon ? Or if on line where did you pick it up ? Maybe they & S&W would get together to help.

In light of this, I would push hard for S&W to come up with some remedy to this transfer fee. I understand this new gun (receiver) has to be transferred thru an FFL holder, however seems to me S&W should be able to help in some way, as their part failed so quickly. Maybe even some credit thru their online store or maybe by including a magazine or two with the repaired gun.

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FIDELITAS ET FORTITUDO

Most warranty work never includes the cost of shipping or associated fees. I've broken fishing rods before and had to pay $30 for shipping. Not bad since I was getting a new GLoomis $400 rod.

As for the gun I would suspect that you are also responsible as is the dealer for a NICS check and ATF paperwork since it is a new gun. A dealer needs to be involved.

moral of the story is: JB Weld would have been cheaper LOL

Yep,

New serial # is a NEW gun to the law. Ruger offered to pay my $30 TF and $2 BC. I had them send the new one to the same LGS I bought it at and they did NOT charge me the $30 TF, only the $2 BCheck, so I just happily ate that fee. I suspect S&W may help you too?....

DR

I would try what micocyco said. If you explain what happened to the guy that did the transfer I bet he will waive part or all of the fee to keep you as a customer.

Remember when S&W firearms...or indeed, any gun...didn't have any plastic parts?

Modern technology...what would we do without it, huh?

Can't fault S&W for complying with Federal law and they did fix your defective firearm. Suck it up and be done with it.

Like others have said it's not the fault of S&W. Do you know if the stock broke because of manufacturers defect or was it your own fault? I'm going through the same thing with a Sig pistol. I'm getting a new one but I had it for a year and shot the heck out of it so I'm happy. In my part of the county transfer fees vary from $15-35. Could you shop around for a cheaper price?

Many years ago, they used to re-stamp a new receiver with your old SN, then destroy the damaged one. (That's how some low serial number guns show up with much later features). Too bad they don't do that any more.

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Chris
SWCA #2243 SWHF #292

S&W replaced my 642 with a new 642, in 2011, and paid my transfer fee. Send them the bill showing what you paid.

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Sure you did

I've seen this "defect" once before on this forum. The owner attempted to remove the butt stock without properly pulling the locking pin all the way down. Instead he just squeezed the latch and forced the butt stock off the buffer tube, breaking the last locking notch in the process.

Yup. Was thinking the same thing.

Find a new FFL!!

Mine does long guns for $10, hand guns for $20.

If you'd like, have them ship it to me and I'll pay the $10.

.

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Kirk / Spock 2020

Thinking out loud here....what would happen if S&W out the same SN on the new receiver? Would that eliminate this problem?


Randy

i'm sure a $35 transfer fee outweighs the cost of stopping the assembly line or buying another stamping machine.

I ran into a problem with a Ruger 10-22 and the problem occurred before I even fired it the first time. Talked with my LGS where I purchased it and he asked me to talk to Ruger first. Ruger sent me a shipping label, replaced the receiver and sent it back to my LGS. Since I had purchased it there, there was no FFL fee charged (I spend too much with them) and we don't have a BC fee. If you purchased it through a LGS, they really shouldn't charge you a fee and if they do, try to find another LGS to shop. However, right now it seems to be a matter of $35 to get your rifle back. Cheaper and less time consuming than getting your own FFL.

CW

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μολὼν λαβέ

Where are you?
If it's anywhere near me I'll do the transfer for free.

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Hold my beer and watch this!

If one got them to destroy the old receiver and put the exact same serial number on a new one, yes, it would bypass the transfer.

Your dealer should take care of the transfer for you. I know my LGS would.

Bill

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GO HOGS

I actually bought the weapon in a different town, that guy sells to law enforcment and Fire personel the weapons at cost plus 5%. Unfortunately it's a 4 hour drive. Buying a gun in Myrtle Beach for a reasonable price is like expecting to walk into Bass pro and getting showered in free .22LR. Going to just pay the fee locally and see if I can send the bill to S&W for either reimbursment or credit. Just wasn't sure on the new serial number thing. Thanks for all the info brothers..

what he said

Well I think S&W should flip for the FFL fee.

He sent in a gun he had already paid for and owned, they should get him a gun back in his hands.

But I also see where $35 for a brand new gun isn't exactly the end of the world.

.

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Kirk / Spock 2020

I would LOVE for S&W ta give me a new lower...... well i did tighten my Timney trigger down too much and dimpled the Base


i understand the OP's issue.... i also understand S&W issue


Ask em ta ship ya a couple Mags for the Transfer Fee....

That may work

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--Stav--

Stop the whine/ ! It's not the national debt, it's a lousy, measley $35.00.....sounds like you broke it, buck up big boy...

I totally agree. It's too bad those that watch our for our collective welfare changed the rules some years ago.

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Uva Uvam Vivendo Varia Fit

I remember his original post that he broke the tube not knowing how it came apart, S&W is good enough to send him a new gun and he is still bitc*ng, COME ON MAN suck it up!

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I am the Majority
How about u

**Follow up**
Talked with the guy at S&W who repaired the weapon. The Magpul stock was "warped" on the inside causing it to catch on the buffer tube anytime you tried to extend it. He stated that the force needed to move the stock at all was completely unacceptable. Stated that this has happened only 2 other times. It did not break trying to dissassemble, it broke during normal operations trying to find a comfortable position for the stock. As far as the bit*&#ing and whinning, was just asking a simple question about the fee because I just shelled out a ton of money for a brand new weapon and it was defective. You buy a quarter pounder and they forget the bun you gonna pay extra for the bun you already bought once??

Just one small question, if it was the sliding stock, WHY did they have to replace the Lower Receiver??
Geoff
Who replaced only one tube, that I can remember as a 45B20 back in the M16A1 days.

It isn't like a receiver extension tube on an AR. On a 15-22, the extension tube is part of the lower... it's all one piece.

The ill fitting stock apparently contributed to the break on the extension tube.

S&W's attitude is BS. If you modified it, I'd have no sympathy. But this is purely S&W's fault. And if they have to eat the transfer fee, tough. I would contact your state's attorney general's office and the BBB.

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Save time, see it my way. LP

I think S&W is doing this properly, as they are required by federal law.

I have seen a wide amount of variance in the internal tube dimensions of both Magpul and Viltor stocks over the last few years. As a rule, if they are too tight, they will be so when the stock is fully collapsed. Often this requires a large amount of pressure be used to extend the stock. The force is naturally carried to the end of the buffer tube stop and can hit it pretty hard. Not an issue for an aluminum tube, but polymer is a different story.

So S&W is, more than likely, providing a new lower for a condition that was caused by an OEM parts supplier. Good for them.

I'm not you. If I were, I'd just pay the fees and be happy I got my rifle back with the issue taken care of. Although, as others have noted, I would not hesitate to ask for some fee abatement.

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Uva Uvam Vivendo Varia Fit

I agree with you that they should pay the fee or give you something extra to make up for it. Some of the rude posts in this thread are really uncalled for.

I recently had my S&W revolver repaired and they had to replace the frame which also meant a new serial number. They of course are handling shipping both ways. Because of the new serial number they needed me to provide an FFL to ship to which I gave. When I asked about any additional costs they mentioned the background check and said to send them a copy of the invoice. They also said that (at least in my situation) they typically will cover around $25-$35 for related fees.

Their customer service is great, check with them.

The Magpul fits tighter than the stock one. Sticky is the question. Loosen it up some. Lil bit of sand paper and a hobbists tool. The MOE on the box means a tighter fit for UR firearm.

This is currently on the ATF's website at Firearms - Frequently Asked Questions - Brady Law | ATF

Since (according to ATF) a 4473 is not required when receiving a replacement firearm from repair, I would question if it truly needs to be shipped to a licensee in accordance with LAW or if that is simply company policy.


* * * * * * * * * * * * * * * * * * * * * * * * *

Q: A firearm is delivered to a licensee by an unlicensed individual for the purpose of repair. Is the return of the repaired firearm subject to the requirements of the Brady law? Would the transfer of a replacement firearm from the licensee to the owner of the damaged firearm be subject to the requirements of the Brady law?

Neither the transfer of a repaired firearm nor the transfer of a replacement firearm would be subject to the requirements of the Brady law. Furthermore, the regulations provide that a Form 4473 is not required to cover these transactions. However, the licensee’s permanent acquisition and disposition records should reflect the return of the firearm or the transfer of a replacement firearm.
[27 CFR 478.124-25]

Stick to your guns. Oh no you don't have one. Suck it up, it's one of life's little lessons. Learn from it.

However, this is going to depend on STATE law.

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M&P40c/15-22/SD9VE/Mossy500

This would be true if the gun was repaired and returned. However in this case the original gun is not repairable and will be scrapped. They have replaced it with a new gun that has a new serial number. While there is no cost to the new gun it is a new gun none the less and subject to transfer laws.

If the factory could/would restamp the same serial number on to the replacement, it would by law be the same gun and not subject to transfer laws.

This is how it was explained to me...

As far as the fee goes, in my opinion the dealer should do it free if. He is a S&W dealer and the original seller of the gun to the OP. I feel its just a little bit of customer service and it cost the dealer nothing to do, just a bit of time to do the paper work. If you cannot support what you sell you should not sell it.

Now if this is a different dealer than sold it new, all bets are off...

nor the transfer of a replacement firearm would be subject to the requirements of the Brady law.

This is ATF's words.

Furthermore, the regulations provide that a Form 4473 is not required to cover these transactions.

If no 4473 is required, I can not see why a licensee has to be in the picture. Unless there is a State Law to comply with.

ATF Open Letter to All South Carolina Federal Firearms Licensees | ATF
It is a new firearm, so unless the OP has an appropriate-type FFL that we don't know about, the firearm must be transferred through a licensed person/dealer. It's one thing to send the same firearm back to him, but this is not the same firearm from a legal standpoint.

As stated before:
It's also a replacement firearm, which under the ATF FAQ does not need require a 4473. It kind of actually is the same firearm from the ATF standpoint. S&W just has to show the bad serial number as an acquisition and the new replacement as a disposition, noting that it was replacing the bad item.

I live in NY I wonder if this happens to me will I be able to get a new one?

Possibly not. If the state law is particularly restrictive, it may not be possible to get a replacement. Is there an actual registry in New York where the serial number has been recorded with the state?