Smith won't ship weapon back to me..

[colt_saa]

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]

 

[Sebring Pop]

S & W

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.

 

[Jyezahn]

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]

However, this is going to depend on STATE law.

 

[wheelgun28]

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]

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...

 

[JeffDeMello]

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

 

[colt_saa]

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.

 

[roushstage2]

ATF Open Letter to All South Carolina Federal Firearms Licensees | ATF

Transfers Subject to NICS Check Requirement

As of November 30, 1998, you will be required to initiate a NICS check prior to transferring a firearm to anyone who is not a licensee. The following steps must be followed prior to transferring a firearm:

• Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record.
• Verify the identity of the transferee through a Government-issued photo identification (for example, a driver's license).
• Contact NICS. You will get either a "proceed," "denied" or "delayed" response from the system. If you get a "delayed" response and there is no additional response from the system, you may transfer the firearm after three business days have elapsed. Of course, you must still comply with any waiting period requirements under State law.
• If you have initiated a NICS check for a proposed firearms transaction, but the transfer of the firearm is not completed, you must retain the Form 4473 in your records for a period of not less than 5 years. If the transfer is completed, the Form 4473 must be retained for at least 20 years.

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.

 

[telero]

As stated before:

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

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.
[27 CFR 478.124-25]

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.

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.

 

[midias]

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

 

[telero]

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?

 

[midias]

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?

There is now. Everyone needs to be registered by next April and no more assault weapons like the 15-22.

 

[telero]

You could possibly have it shipped to yourself in another state, but you'd probably have to keep it outside of NY as well. If it broke and you didn't want to be out the money, you could maybe have it shipped to another state to an FFL and have them sell it on consignment. If you're not willing to leave NY over it I can't think of any good alternatives. Maybe relatives outside the state...?

This is getting a little off topic, so to bring it back a little, I'll say that I would guess that S&W would do whatever they could within their power to take care of and help accommodate you.

 

[cbrobertson]

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 licensed "dealer" is a crook. $35.00 to transfer a firearm is absurd. I have had many guns transferred and the absolute most is ONE that charged $25.00, the other 15 or more was $20.00 spanning 6 different storefront dealers. It takes 10 minutes to do a NIC's check and record book entry.