Question about FFL for Warranty (Walther sending new gun to replace defective) (Read 2192 times)

wellsjes

Hi.

Does anyone know, if the gun manufacturer is replacing your firearm under warranty cause it is defective, do you need a permit to acquire again? I bought a Walther CCP and it won't ever shoot more than 2 rounds without jamming. They emailed me today after receiving it saying that they are going to send me a new replacement and to find an FFL dealer. I'm hoping that since it is a replacement through warranty that I don't have to go through the whole permit system again and can just do a registration appointment with HPD letting them know that Walther kept the original defective one. Is that possible? Any insight much appreciated!

Thanks!

Flapp_Jackson

Hi.

Does anyone know, if the gun manufacturer is replacing your firearm under warranty cause it is defective, do you need a permit to acquire again? I bought a Walther CCP and it won't ever shoot more than 2 rounds without jamming. They emailed me today after receiving it saying that they are going to send me a new replacement and to find an FFL dealer. I'm hoping that since it is a replacement through warranty that I don't have to go through the whole permit system again and can just do a registration appointment with HPD letting them know that Walther kept the original defective one. Is that possible? Any insight much appreciated!

Thanks!

My understanding is if the gun is returned with the same serial number as the one you bought originally, no further permit/registration is needed.  Reason:  there was no firearm transfer in this situation.

But, if the firearm is replaced with another one which has a different serial number, then you need to (1) inform HPD the old firearm has been transferred out of state (relatively new law), and (2) go through the permit process for the replacement handgun.

The fact that the manufacturer is sending your replacement to an FFL instead of mailing it directly to you demonstrates this is a transfer no matter what the reason is.  Transfers require a PTA.  Simple as that.

You can always contact HPD if you think this is incorrect, but I think we all know what they will say.

Good luck!
 :shaka:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66


I would also ask walther for some mags or something since you have to go thru the entire process again.  Let them know what that process is.

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0029.htm

Mentions lost, stolen, or destruction of a firearm.  You have no clue what walther plans on doing with it.

I can't find the HRS about permanently moving out of state.
« Last Edit: June 17, 2021, 03:32:06 PM by changemyoil66 »

randay

yeah you gonna need a new permit :(

changemyoil66

Found it.

(e)  Every person who permanently moves firearms out of the State shall contact and notify the county police department in the county where the firearms are registered about the removal of the firearms within five days of the removal from the State.  Any person who fails to timely notify the appropriate police department shall be subject to a civil penalty of $100 per firearm.

HRS134-3 (e)

wellsjes

Oh man. What a pain! Ok, thank you so much for finding the info about the law and needing to notify HPD within 5 days. I had NO idea. Walther just emailed me today, so I have time still. But of course, I've called HPD firearm division three times this afternoon and no one answers. And there are no permit appointments available on their system. Ugh.

changemyoil66

Oh man. What a pain! Ok, thank you so much for finding the info about the law and needing to notify HPD within 5 days. I had NO idea. Walther just emailed me today, so I have time still. But of course, I've called HPD firearm division three times this afternoon and no one answers. And there are no permit appointments available on their system. Ugh.

So now the question is how do  you notify them?  Since there is no option on the HPD website to make an appt. Do you call 911 and have the officer come to your home/ business?  Keep us posted to what the SOP is.

jc2721

Make a copy of the email(s), write a formal letter to HPD explaining the situation and either mail it in or drop it off.  You could have it notarized and sent registered mail, but I think that's overkill and I wouldn't do it.

You can't apply for a permit for the replacement pistol until after the FFL registers it with HPD.

Flapp_Jackson

Make a copy of the email(s), write a formal letter to HPD explaining the situation and either mail it in or drop it off.  You could have it notarized and sent registered mail, but I think that's overkill and I wouldn't do it.

You can't apply for a permit for the replacement pistol until after the FFL registers it with HPD.
You shouldn't have to explain anything to HPD.  Just give them notice the old gun is no longer in Hawaii, and go through the permit process for the new one after the FFL gives you an invoice with the handgun specs.  One gun out, another gun in.  How you came about getting the new gun is irrelevant AFAIK.

There are examples of what info to include in a transfer notice letter.  The requirements should be similar for a gun permanently leaving the state.  You can either send a notice letter via REGISTERED MAIL to HPD, or hand-deliver it to the same records window where you pick up completed permits -- right next to the table for COVID screening.

I tried to attach a PDF form I created from the transfer notification form I have, but the forum site appears to have a full storage area. 

The only changes to the new form were the Subject line, the statute reference, taking out the transferor/transferee fields to make just owner fields, and adding an effective date, since this could be turned in prior to you leaving with the firearm.

To use the form in Acrobat Reader, open the PDF and then select the "Fill & Sign" tool in Acrobat.  As you click on the existing blank fields, a text box will appear.  Click in the box to enter your information.  When done, you should save it as a different filename and print/sign it.  If you prefer, just print the blank form and complete it by hand.

I'll try other options to get the form posted...

 :shaka:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

See if this link works...

Notification of Firearm Permanently Moving Out of State Form

https://drive.google.com/file/d/1SPrLrRaEsPGlTLtTf2M_wAk6IgDj6OU2/view?usp=sharing

Any suggested changes to the form are appreciated.  This was a quick modification of a transfer notification form.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Eric808

Thanks Flapp for the form, created a fillable pdf.