Defective lower, but replacement not allowed?

[tehpwnag3]

Hi M4C. I seek your advice.

I have a defective lower receiver. The manufacturer helped me confirm this with helpful troubleshooting. However, the manufacturer is telling me that they cannot do anything about it, replacement-wise, because it's serial number has been issued to me. So, I seem to be stuck with it. Is this true or are they being lazy/stubborn/etc.?

We can certainly talk about the issue and what they offered to do, but I wanted to focus on the not replaceable aspect of their claim as a starting point.

Thank you!

[scottryan]

They are lying.

The can send you new lower with different serial number.

They also can destroy the defective lower and send you a new lower with the same serial number.

[titsonritz]

They are lying.

The can send you new lower with different serial number.

They also can destroy the defective lower and send you a new lower with the same serial number.

This.

Sounds like someone to avoid.

[tehpwnag3]

Good info. So, with either option, would this also require a DROS (or re-DROS)? Or would it be a direct manufacturer-to-consumer exchange?

They are lying.

The can send you new lower with different serial number.

They also can destroy the defective lower and send you a new lower with the same serial number.

[SomeOtherGuy]

#2 is correct in terms of federal law and general situations. If you live in a "ban state" or have any other unusual circumstances, there's a chance the manufacturer could be right.

For example, I can think of at least two makers that lost their FFL, and later had their assets bought by someone who got a new FFL. They might have a legal problem issuing you a new lower, since they might not be considered to be the original maker. Even in those cases they could probably (if they wanted) sell you a new lower at cost (or below), but it would have to be transferred to you through a dealer, whereas a direct replacement from the same maker doesn't have to go through a dealer (unless state law requires it).

FWIW I'm in a non-ban-state and have had a defective lower receiver replaced outright on two occasions. Although each of those un-named makers was reasonable and paid for the return shipping (one also paid my shipping to them), I learned my lesson and will spend a bit more in the future on higher quality brands. I'm not saying this is your problem since I don't know who made your defective lower.

[tehpwnag3]

Don't live in a ban state. Actually, I live in the same state as the manufacturer. I'm actually getting pissed, but I really appreciate the help.

[Fatorangecat]

I had a forged lower replaced by the manufacturer. They mailed a new lower with a different serial number directly to me. Not sure about the legality of it but I can't imagine a company doing anything that would jeopardize their business.

[Arik]

The manufacturer can ship a new receiver to your FFL. Nothing wrong with doing that.

Sent from my XT1650 using Tapatalk

[tehpwnag3]

Well, I have been going back and forth with them for almost month. I've been very kind and patient throughout the whole ordeal. I've been very thankful as well. After figuring out the issue, I politely asked for an RMA and got dead silence for 2 weeks. Then I contacted the General Manager (who fielded the initial claim) and he's the one telling me that they cannot replace the lower, but they'll happily grind on it to make it work!

I am writing them back with the intended goal of calling them out on the serial number situation in the hopes that they make it right, but the passive aggressive nature of this business relationship is putting a very bitter taste in my mouth. They went from extremely helpful and responsive (even into the evening hours) to I guess that lower is what it is.

I can't imagine a company doing anything that would jeopardize their business.

[SomeOtherGuy]

The manufacturer can ship a new receiver to your FFL. Nothing wrong with doing that.

1) The original manufacturer can ship a replacement firearm (or lower) to the owner of the firearm being replaced, without having to go through an FFL (unless state law requires it).

2) Since they're in the same state, even if an FFL transfer was required, legally the OP could visit the manufacturer and take delivery there (on a 4473).

I strongly suspect one of:
-the manufacturer doesn't want to replace it and the rep is coming up with excuses, or
-the rep doesn't have a clue, or
-there is some legal wrinkle like it not being legally the same maker (even if same trade name and equipment) or something like that, which means the general rule doesn't apply.

Oh, in the off chance you filed paperwork to make the lower an SBR, that could be the issue because from that point onward YOU are the manufacturer, not the previous manufacturer.

Another thought - some companies that sell blems don't provide any warranty on them.