Beretta 92FS Will NOT Rack

LGLDSR said:
I was not unreasonably demanding. Again, should you find yourself in a similar situation buying anything and finding out it's DOA (vis-a-vis my TV example) then don't return it to the store for a refund or exchange. Box it up and ship it to Sony or whomever. And while you wait two-plus weeks for your TV to come back (again, just an example) enjoy the fact that they have your money and your brand new television set that you've had for a few hours is in transit to the manufacturer and you have nothing. Just a difference of opinion.
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Of course you were unreasonable. You're insisting that a dealer should treat a gun like a TV. But that's ridiculous. TVs aren't regulated like guns are, and the laws regarding the selling of TVs are much looser.
 
Hi, Uncle Malice,

I said "the same way you can trade any other gun." Yes, that involves a 4473 and whatever else is involved. But you said flatly that "you can't exchange" the gun, which is not true.

Jim
 
LGLDSR said:
What I was insisting on was an exchange for a DOA product that was hours old. No more, no less.
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It doesn't matter how old it was. The moment the gun was signed over to you it became a used gun that could no longer be sold as a new one. And -- once again -- how did you know it was DOA? Did anyone ever actually take the slide apart and inspect it?

LGLDSR: Your ignorance of how this process works doesn't give you an excuse to be unreasonable. You are wrong. We told you as much. And yet you refuse to listen to us. So what's the purpose of posting a question here if you refuse to actually learn anything?
 
I find it weird that they traded a slide from one pistol to another; I had misread the update and thought they traded out pistols. I suppose trading slides saves them the time and money of another transfer, but either way they're out two pistols.

Of course if they were able to trade out the slide that means the slide was able to come off. Makes me wonder what the issue was.
 
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That said, I will maintain that there are mitigating circumstances here with a weapon that was only hours old and defective. Again, I did not spend that kind of money to wait two-plus weeks for it to be repaired within hours of purchasing it.
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You act as if the gun didn't exist before you walked out of the store.

The truth is you have no idea how old it was, or how many times it was handled before you bought it without ever trying to see if it functioned at all.

You could have avoided all the angst by a few simple actions on your part
 
I'm with Theo on this - An immediate replacement was not a reasonable request. It doesn't matter that the gun was a few hours old - this should have been sent back to the manufacturer. The dealer effectively just took a 100% loss on something that wasn't their fault.


Not without another 4473 and legal transfer. The FFL can't just trade out a new firearm that's on their books in exchange for the other one.
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Furthermore, because the original transfer was already recorded on the 4473, it can no longer be sold as new. Doing an exchange like the OP wanted would have required writing off the original sale as a loss.
 
What part of the law or ATF rules says that once the 4473 is filled out the gun becomes a junker that is a dealer writeoff. If I buy a new gun, pay for it and do the 4473 (and state papers), then decide I don't like the gun, what in the law says I can't trade it back in and do the same thing with another gun? And what part of the law says the dealer can't sell my trade-in as a new gun if I have not fired it? And what part of the law says how much the dealer will give me on trade? Why can't he give me 100% if he wishes?

And if the customer can return the gun to the manufacturer for repair, what part of the law says his dealer cannot do it on his behalf? And where does it say that returning a gun to the factory for repair constitutes a transfer of ownership?

It seems to me that some folks believe the law covers every aspect of gun sales and trades. Once a poster wanted to report a dealer to ATF for charging too much; others want ATF to set prices, appraise guns, and order dealers to take trades. Come on, folks, the gun laws are complicated enough. ATF is not the Better Business Bureau or some sort of super ethics commission to arbitrate every argument between gun deealers and their customers.

Jim
 
What part of the law or ATF rules says that once the 4473 is filled out the gun becomes a junker that is a dealer writeoff.
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There's nothing that would prevent the dealer from simply exchanging the gun if the transaction hadn't been recorded in the A&D book.

Most dealers don't like to make changes there, but filling out a new 4473 to exchange for an identical gun is no big deal since the only thing that changes is the serial number.

The gun should never have gotten to the point of sale without the problem being discovered in the first place
 
I would rather have taken the two weeks for somebody at Beretta to exchange the gun or even to knock the stuck one loose than for the dealer to rob the slide off another pistol and hand me a Mixmaster.

Of course the smart thing to do would have been to check the gun out before signing for it.
 
Wow, last year I bought a rifle that went back to the warranty station 3 times for a total of 7 months. I think the mail room boy was also the gunsmith. I was pretty grateful the store stepped up and and shipped it off everytime.

It wasn't like my area was being mortared, I have plenty of other shooters to occupy my time, and life is way too short.

Oh yeah, and I don't flip people off for some real or imagined traffic faux pas.
 
What I'm unclear on is the pistol was in your possession for 20 hours before the problem showed itself?
So it worked for awhile, or you hadn't even cleared the pistol for 20 hours?
If you're like most of us you disassembled it as soon as you got home.
Likely reassembled it with the locking block slightly ascew. Seen it before.
And now you're screeming mad at someone else.
 
If you're like most of us you disassembled it as soon as you got home.
Likely reassembled it with the locking block slightly ascew. Seen it before.
And now you're screeming mad at someone else.
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Vawey intewesting, he screwed it up!
They were good enough to replace it from another new 92FS.
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Very unlikely, probably illegal, at least if they did exchange slides, and sell the other pistol.
Did they change the slide in your presence?
If so, once they got the slide off of yours did they put is back on to see if the problem was cleared? Did they check the operation of your slide soon the other frame?
 
Microgunner said:
If you're like most of us you disassembled it as soon as you got home.
Likely reassembled it with the locking block slightly ascew. Seen it before.
And now you're screeming mad at someone else
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+1, sounds spot on. I did the same thing with my 92FS when it was new to me. Was patient. Read some forums, watched some YouTube. Got it right as rain. That same 92FS recently passed 1,000 rounds flawless. :)
 
I guess I am lucky. I have 3 gun dealers I buy guns from and they always, always rack the gun to make sure it is not loaded before they hand it to me. And I have been buying guns for many years and I have never played with a gun 30 minutes before I took it home to make sure it worked right, I always took it home and assumed that if something was wrong with the gun, the dealer would do the right thing. And if taking a few minutes to change some paper work so I could get a gun that would work was all that needed to be done, then I am sure all the guys I buy guns from would have done that. But then as I said, I guess I am lucky.
 
I just purchased a Beretta 92FS and it will not rack
the gun deal wants to send this back for repair..
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A dealer that would offer to return a defective gun to the manufacturer on his dime and his time is one I would be glad to do business with.

They were good enough to replace it from another new 92FS.
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A dealer that would take a slide off of another new gun to replace one that a customer claims is defective is one I would stay as far from as possible!
 
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