One Pistol Every 30 Days - Does it Apply to a Warranty Replacement Gun?

[jmolli 0]

I have a warranty replacement pistol shipping to my FFL next week. The manufacturer has now taken possession of my original, defective gun, purchased in early Jan 2016. I will need to burn 1 of 2 "Permits to Purchase" that I currently hold to pick up the replacement pistol (thanks NJ).

 

My question is, do I need to wait for 30 days (after I pick up the warranty replacement) before using my remaining permit to buy an entirely new 2nd gun I've had my eye on??

 

I do have documentation from the manufacturer showing them taking possession of my original gun/serial number. Unfortunately, if I do have to wait 30 days, my remaining permit will be expired (although I can apply for a 90 day extension on that remaining permit). I'm hoping to avoid the 30 day wait before buying that 2nd gun.

 

Has anyone dealt with a similar situation?

 

I'm not even sure where I can get an answer on this question from a local or state authority. Any advice on what agency/authority I could talk to?

 

 

Thanks

[PK90 3,570]

The replacement permit is exempted if returned to the dealer where acquired per statute.

 

2C:58-2a(7)(d) A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period. This limitation shall not apply to any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent;

 

 

If you returned it directly to the manufacturer, I think your SOOL. 

[BlueLineFish 615]

I'm going to say you need to extend that permit. Unless they can give you the same serial number on the new gun

[jmolli 0]

The replacement permit is exempted if returned to the dealer where acquired per statute.

 

 

If you returned it directly to the manufacturer, I think your SOOL. 

 

Yes it was shipped straight back to the manufacturer on their dime. Replacement pistol will have a new serial number.

 

Guess I am SOL as you stated. I'll have to burn a permit AND wait another 30 days before making an additional purchase AND go through the trouble of getting a permit extended. Doesn't seem fair, but this is NJ. 

[Howard 538]

If the frame has a new serial number it is considered a new gun and requires a permit - I have gone through this process.

[jmolli 0]

I appreciate the replies. Especially from such senior members of the forum. This is my first experience with something like this.

 

And hopefully my last.

[Maksim 1,504]

What many are wondering.... What gun did you have to return?

[jmolli 0]

I don't want to spread negative PR about the brand involved.

 

Their customer service response to the issue was stellar.

[Bellasdaddy 31]

I don't want to spread negative PR about the brand involved.

 

Their customer service response to the issue was stellar.

Are they covering the transfer and NICS fees? And, the $22 fee to replace the permit that you have to use?

[Heavyopp 167]

I don't want to spread negative PR about the brand involved.

 

Their customer service response to the issue was stellar.

 

 

What is negative about it -- Everyone has a problem now and then -- It's what you do about it that's important

 

Sounds like whoever you are dealing with is doing all they can -- Nothing negative in my eyes -- inconvenient maybe but not negative

[silverado427 10,717]

What is negative about it -- Everyone has a problem now and then -- It's what you do about it that's important

 

Sounds like whoever you are dealing with is doing all they can -- Nothing negative in my eyes -- inconvenient maybe but not negative

 

^^^^

[jmolli 0]

Are they covering the transfer and NICS fees? And, the $22 fee to replace the permit that you have to use?

 

You've touched on the one real sore point I have with this whole experience, other than the time and the permit it cost me. The manufacturer will not cover any FFL transfer fee or NJ NICS fees. I asked about that as soon as the "replace" decision was made. They said the FFL/Transfer fee is up to the LGS where I bought the gun (which is where the replacement is being shipped). I'm assuming my LGS wouldn't have the balls to charge me a transfer fee. If they do, they've lost me as a customer permanently. I've resigned myself to eating the $16 NICS fee.

[PK90 3,570]

You've touched on the one real sore point I have with this whole experience, other than the time and the permit it cost me. The manufacturer will not cover any FFL transfer fee or NJ NICS fees. I asked about that as soon as the "replace" decision was made. They said the FFL/Transfer fee is up to the LGS where I bought the gun (which is where the replacement is being shipped). I'm assuming my LGS wouldn't have the balls to charge me a transfer fee. If they do, they've lost me as a customer permanently. I've resigned myself to eating the $16 NICS fee.

 

It should be the other way around. The LGS should charge you for their services, ie Transfer Fee, but not a NICS fee, because it is a replacement firearm and no NICS is needed. Of course, your gun went back directly to the manufacturer without using the dealer from where you purchased it, so my opinion is mute.

[jmolli 0]

It should be the other way around. The LGS should charge you for their services, ie Transfer Fee, but not a NICS fee, because it is a replacement firearm and no NICS is needed. Of course, your gun went back directly to the manufacturer without using the dealer from where you purchased it, so my opinion is mute.

 

The return policy at my LGS is once the gun is transferred to the buyer, any problems with the gun must be handled between the gun owner and the manufacturer. So we have a Catch-22 situation, where your "returned to the LGS in 30 days" loophole is not applicable here, because it wasn't an option.