AB 1263 and Repair of AR15 upper.

[SurfNshoot]

I'm in need of sending my Palmetto AR15 upper back for repair. Palmetto just replied that they need to figure out what the law says about how they can handle this now. I know shipping a firearm back for repair and back to my home address was allowed. How is warranty work handled now with AB 1263? Is there an exception to not go through an FFL? Gemini says no, but I don't see any exact wording that proves or disproves.

 

[2muchsoysauce4allthisrice]

It depends on the company and their opinion. Some might see it as just returning your own personal property , you’re not buying it from them; as usual wink . I can’t speak for palmetto though, they are a big company, so maybe stricter policy to take the more cautious approach to be on the urrrr-safer side of things.

 

[2muchsoysauce4allthisrice]

Technically if they are being stricter and not shipping as usual….. all they really need to do is just card you for your id, and then require signature confirmation for delivery.

There was also some notice they need to issue you about firearm parts and AW or something like that when they card you. I remember asking a company about warranty recently on the return of parts since they would be replacing it; they still haven't typed up the draft yet.

 

[SurfNshoot]

For some clarity. This is a complete upper, so a barrel is involved which I understand now requires an FFL.

The only wording I find in the AB is Sales and Distribution. This would be a return. The words Warranty and repair are not used at all in the bill, either.

 

[Deleted member 16735]

The barrel bill is SB 704 and the relevant verbiage is "Sell or transfer", in every other context "transfer" is a transfer of ownership not just sending it back for repair. PSA tends to be pretty annoying so who knows what they will do. whats wrong with the upper and can you just fix it yourself?

33700.​

(a) (1) A firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(2) Commencing July 1, 2027, a firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915

 

[2muchsoysauce4allthisrice]

For some clarity. This is a complete upper, so a barrel is involved which I understand now requires an FFL.

The only wording I find in the AB is Sales and Distribution. This would be a return. The words Warranty and repair are not used at all in the bill, either.

Stepping aside from involving the bill, figure out the companies opinion, since opinions molds policies; on if they are willing to honor returning customers personal property (not transferring ownership) without the hassle like pre-2026 . This relates to big company policies vs. smaller; sportsman warehouse/bass pro shop vs. small mom and pop.

 

[SurfNshoot]

The barrel bill is SB 704 and the relevant verbiage is "Sell or transfer", in every other context "transfer" is a transfer of ownership not just sending it back for repair. PSA tends to be pretty annoying so who knows what they will do. whats wrong with the upper and can you just fix it yourself?

33700.​

(a) (1) A firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(2) Commencing July 1, 2027, a firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915

The front site base is canted which would require much more work re-pinning it correctly than I am equipped nor care to handle.

You understand it as I do, then, but in the end, it's up to how Palmetto or their lawyers choose to interpret it.

 

[SurfNshoot]

Finally received a response back from Palmetto today. Here is their stance as of today. This is pasted from their email to me this morning.

Due to the legislation in California we can facilitate your repair but there are a few more steps we have to take in order to stay in compliance with the legislation. First we will need a copy of your California ID as well as an acknowledgement signed and returned, that acknowledgement will be attached to an email following this one. After the upper receiver is repaired, we will have to send the item back to an FFL of your choosing however please be sure to read the guidelines in the follow up email for the instructions on how this must be done.


We sincerely apologize for the inconvenience of any extra steps that must be taken to facilitate the warranty repair of your product or shipping your replacement parts. We are doing everything we can to ensure that we are able to meet our customers’ warranty needs while staying in compliance with all local, state and federal laws including regulations imposed by the recent legislation changes in California.

Due to these changes and to stay in compliance with them, please sign and return the acknowledgement attached as well as provide a copy of your California state issued ID. For parts that we can send directly to you that do not violate any of the restrictions imposed by the new legislation, we will only be able to send them to the address that is listed on your license, or we will have to send the parts to an FFL.

For warranty items that will need to be sent in to us to be repaired and then sent back, these items are including but not limited to barrels, upper receivers, lower receivers, firearms, handguards, etc. must be returned to an FFL after they have been repaired and must be returned in a configuration that is compliant with all current legislation.

For parts or warranty repairs that must be shipped to an FFL, it is the customer’s responsibility to consult with and verify with the FFL that they will facilitate receiving and then transferring the item shipped from Palmetto State Armory. To avoid issues with receipt of an item by an FFL being denied by the FFL or an FFL refusing transfer of the item, the customer must verify with the FFL that they will accept and transfer the item before providing the FFL information for shipment of the part.

It is the customer’s responsibility to understand and adhere to all relevant regulations and ensure the item in their possession is compliant with all local, state and federal regulations. For products received that are not compliant with current or new legislation, we may have to retain the item and issue a refund to avoid returning an item that will violate the legislation.

 

[BONECUTR]

The barrel bill is SB 704 and the relevant verbiage is "Sell or transfer", in every other context "transfer" is a transfer of ownership not just sending it back for repair. PSA tends to be pretty annoying so who knows what they will do. whats wrong with the upper and can you just fix it yourself?

33700.​

(a) (1) A firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.
(2) Commencing July 1, 2027, a firearm barrel, as defined in Section 16525, shall not be sold or transferred unless that transaction is completed in person by a firearms dealer licensed pursuant to Sections 26700 to 26915

I doubt any dealer is going to risk this on the word transfer unless the CADOJ puts anything in writing about returns/repairs being exempt.

As it stands under 33700 those are not listed in the exemptions so interpretations are "grey" at best.

"(g) The following are exempt from the process outlined in this section:

(1) Sales or transfers to federal, state, and local law enforcement agencies.

(2) Sales or transfers to a federal firearms licensee.

(3) Sales or transfers to the United States military.

(4) Sales or transfers to a person who, in the same transaction, is separately purchasing a firearm and undergoing a state and federal firearm eligibility check pursuant to Section 28220.

(5) Sales or transfers to a federally licensed collector who is acquiring or being loaned the barrel of a firearm that is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, who has a current certificate of eligibility issued by the department pursuant to Section 26710.

(6) Transfers to or from the public administrator, public guardian, public conservator, the executor, personal representative, guardian, conservator, or administrator of an estate. Any transfers or sales from these persons to any third party other than law enforcement or a licensed firearms dealer shall be conducted by a licensed firearms dealer and is subject to the requirements of this section.

(7) A barrel that is attached to or affixed to a firearm.

(8) The sale or other transfer of ownership of a firearm barrel if the sale or other transfer of ownership is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and the entity is acquiring the firearm barrel as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. All such barrels shall be disposed of pursuant to Sections 18000 and 18005."

 

[trippytbta]

The law is applicable to new sales or transfers…this is already your barrel so they aren’t selling you anything

 

[Deleted member 16735]

I doubt any dealer is going to risk this on the word transfer unless the CADOJ puts anything in writing about returns/repairs being exempt.

As it stands under 33700 those are not listed in the exemptions so interpretations are "grey" at best.

I think it's very black and white, you aren't acquiring anything new. The entire point is to prevent people from piecing together a "ghost gun" without a background check. Gun owners are their own worst enemy sometimes and go way further than the law states they need to

 

[xrMike]

I'm in need of sending my Palmetto AR15 upper back for repair.

Curious... What needs repairing on your Palmetto upper?

I own a couple so I'm just wondering what broke on yours. Thanks.

 

[SurfNshoot]

Curious... What needs repairing on your Palmetto upper?

I own a couple so I'm just wondering what broke on yours. Thanks.

Front Sight Base is heavily canted right.

 

[2muchsoysauce4allthisrice]

Finally received a response back from Palmetto today. Here is their stance as of today. This is pasted from their email to me this morning.

Due to the legislation in California we can facilitate your repair but there are a few more steps we have to take in order to stay in compliance with the legislation. First we will need a copy of your California ID as well as an acknowledgement signed and returned, that acknowledgement will be attached to an email following this one. After the upper receiver is repaired, we will have to send the item back to an FFL of your choosing however please be sure to read the guidelines in the follow up email for the instructions on how this must be done.


We sincerely apologize for the inconvenience of any extra steps that must be taken to facilitate the warranty repair of your product or shipping your replacement parts. We are doing everything we can to ensure that we are able to meet our customers’ warranty needs while staying in compliance with all local, state and federal laws including regulations imposed by the recent legislation changes in California.

Due to these changes and to stay in compliance with them, please sign and return the acknowledgement attached as well as provide a copy of your California state issued ID. For parts that we can send directly to you that do not violate any of the restrictions imposed by the new legislation, we will only be able to send them to the address that is listed on your license, or we will have to send the parts to an FFL.

For warranty items that will need to be sent in to us to be repaired and then sent back, these items are including but not limited to barrels, upper receivers, lower receivers, firearms, handguards, etc. must be returned to an FFL after they have been repaired and must be returned in a configuration that is compliant with all current legislation.

For parts or warranty repairs that must be shipped to an FFL, it is the customer’s responsibility to consult with and verify with the FFL that they will facilitate receiving and then transferring the item shipped from Palmetto State Armory. To avoid issues with receipt of an item by an FFL being denied by the FFL or an FFL refusing transfer of the item, the customer must verify with the FFL that they will accept and transfer the item before providing the FFL information for shipment of the part.

It is the customer’s responsibility to understand and adhere to all relevant regulations and ensure the item in their possession is compliant with all local, state and federal regulations. For products received that are not compliant with current or new legislation, we may have to retain the item and issue a refund to avoid returning an item that will violate the legislation.

So, how much are some of the small shops around your area, that have barely any dealer inventory to display in shop, who are very open to ppt, incoming transfers, and ammo transfers, because they don’t have that much inventory to push off anyways, so they’ll just make it back by doing paperwork; charging. Have you asked around these shops for price quotes on transferring the complete upper for you?

I seen in one post you said you are not equipped but you could technically buy the equipment or tools to fix it along with learning some gunsmithing/tinkering/garage hang out boys skills; if you think it’s not worth the hassle to send it back to palmetto.

Seems like purchasing a M4 benchblock for FSB, quality punch, deadblow, and penetrating oil; should be sufficient to knock the pins out.

 

[SurfNshoot]

I appreciate the encouragement to fix this myself and yes, I am totally capable of completing the process. I was just hoping to take advantage of the warranty. I will still take advantage of the warranty as all it will cost me is maybe $50 for the FFL. Leaves a lot of time to ride motorcycles and shoot rimfire with my 8yo son.

 

[Deleted member 16735]

I read that it's a common issue with PSA uppers and that they "fix" it by hitting it with a hammer lol