Please answer new gun receipt question

H

handgunfan101

New member
I put a NEW hand gun on layaway on the 14th at my local gun shop. The receipt has the NEW GUN BOX checked. When i returned to pay it off a few days later (17th) I handed her the receipt took my CC and it was a done deal. SIDE NOTE the gun was in the new gun case and the salesman said it was new when i placed it on layaway.

Today i looked at my receipt and i received a carbon copy (yellow) with all the info still showing the NEW GUN BOX CHECKED. I noticed NOT IN CARBON COPY but in INK she wrote used on 3/17/2011 the day i picked it up.

Does this mean that i was sold a used gun as new? Or that the day it was payed off THEN it became a used gun due to the payoff and me leaving with it?

I dont want to go in there and make a fuss just because i didnt understand the rules or the how and why Used was placed on the gun receipt.

thank you all for the info
 
Look at the gun and not a lousy receipt.

It should clearly be NIB. No wear marks, dirt, scratches, magazines new, box, warranty card, child lock, etc.....
 
No warranty card could also mean that someone filled it out and mailed it in. Then sold or traded the gun to the gun shop.
 
I'm fairly certain it is against most state's laws to sell anything used as new.

What gun (make and model) was it? Some manufacturers don't have a warranty and therefore no warranty card. For example, Ruger does not have a warranty for any of their firearms, yet they have one of the best "warranty" guarantees in the business.

The bottom line is exactly as Aguila Blanca said, we can't possibly know why she wrote that on the receipt or determine if it is used or new, even from your description of it. Don't be shy about asking the shop manager what's up with "used" written on the receipt.
 
You should be able to tell if it is a new or used gun, however, if you are concerned about what she wrote, stop in and ask. That's the only way you'll settle it.
 
A gray area I've seen come up. A customer may be on the fence between 2 guns. Make a decision and buy one of them and change his mind a few hours later. Bring back an unfired gun and trade it for the other. The shop where I do most of my business has this happen quite often and will clearly mark the gun as "used, but unfired". The price is usually only slightly less than a new gun.

Other dealers will still sell the gun as new without informing the customer.
 
From the Ruger website:

"Why No Warranty Card Has Been Packed With Your New Ruger Firearm?
The Magnuson-Moss Act (Public Law 93-637) does not require any seller or manufacturer of a consumer product to give a written warranty. It does provide that if a written warranty is given, it must be designated as "limited" or as "full" and sets minimum standards for a "full" warranty. Sturm, Ruger & Company, Inc. has elected not to provide any written warranty, either "limited" or "full", rather than to attempt to comply with the provisions of the Magnuson-Moss Act and the regulations issued thereunder. There are certain implied warranties under state law with respect to sales of consumer goods. As the extent and interpretation of these implied warranties varies from state to state, you should refer to your state statutes. Sturm, Ruger & Company wishes to assure its customers of its continued interest in providing service to owners of Ruger firearms."



Boy, now I'm really confused!

Monty
 
I picked up a NIB Manurhin PPK/S .22 a while back and the gun dealer checked off "used" on the invoice. He made a mistake.

What was written on your invoice doesn't make any sense to me. I'd get in touch with the owner and ask about it.
 
I'm confused, what difference does it matter if the first time you pull the trigger its going to be used. Not like the sucker is wore out or something.
 
Just go back and ask them, though the time to ask would have been when you first picked up the gun, not days later.

A gunshop near my house has a policy of removing accessories that ship with the gun from the box and trying to sell them back to the customer. For instance, they remove a magazine from pistols that ship with two magazines and offer you the opportunity to purchase another.:barf:

Just saying it pays to do some research and ask questions ahead of time.
 
As others have stated, go back to the gun store manager and get a straight answer.

Is the gun store and authorized dealer for this gun? If so and you receive no satisfaction from the store manager, then complain to the customer support by a written letter to the gun manufacturer.

I am not sure why a gun would be on lay-a-way unless this is a requirement for you to get your permit in some states??? We don't have such in Alabama, you simply go down fill out the background check form, they call and clear you, you pay for the gun and on your way home in ten minutes. The whole time the gun is setting in front of you on the counter.
 
kraigwy said:
I'm confused, what difference does it matter if the first time you pull the trigger its going to be used.
Click to expand...
I, for one, would not want to pay a new-gun price for a used one. Hope that helps with the confusion. ;)
 
There are at least three different conditions that a gun could be in that could still be interpreted as "new" by the seller.

New In Box (NIB)- this means exactly what it says, a currently produced gun that has never been sold to a retail customer.

New-Old Stock (NOS)- this is a gun that has never been sold to a retail customer, but has been in either a distributor or dealer's possession for an extended period of time (i.e. several years). Typically, NOS guns are either models or variants that are no longer in production and they will typically command the same or even higher prices as a comparable NIB gun depending on the rarity of the particular example.

Like New in Box (LNIB)- this is a gun that has been in the possession of a retail customer, but has not been fired since leaving the factory and is in the exact same condition as when it was NIB (including the original box and accessories). A LNIB gun will typically sell for significantly more than a used gun, but less than a comparable NIB or NOS gun because it is extremely difficult to verify that a gun is indeed unfired. An exception to the pricing on a LNIB gun is if it is a particularly rare or desirable model or variant. For example, a LNIB Ruger SP101 in .22 Long Rifle may sell for as much or more than a NIB Ruger SP101 in another caliber because the .22LR version of that gun is not longer in production and fairly rare on the used market.

In the OP's case, I would definitely return to the store and inquire about the condition of the gun. If the gun is indeed NIB or NOS, then I wouldn't be upset about paying a new gun price. If, however, the gun is LNIB (depending on the model, variant, and price) or a truly used gun, I'd be rather perturbed about paying a new gun price.

I am somewhat curious as to what type of gun the OP purchased and how much he paid. If I paid a used gun price for a gun that I thought was new that turned out to be used, I probably wouldn't be too upset as I still would have gotten the gun for fair market value (although I might be a little more careful about buying guns from that particular seller in the future).
 
"It should clearly be NIB. No wear marks, dirt, scratches, magazines new, box, warranty card, child lock, etc..... "

The main definition is that NIB means never before sold at retail and unfired since leaving the factory. Big ATF trouble to the FFL who misleads on that basis.
 
I should have added in my previous post that the OP should definitely talk to the FFL before getting all hot and bothered. Some here seem to want to jump to the conclusion that the FFL was being intentionally misleading when it could have very well been an honest mistake in the paperwork or just a misunderstanding on the OP's part.
 
kraigwy said:
I'm confused, what difference does it matter if the first time you pull the trigger its going to be used. Not like the sucker is wore out or something.
Click to expand...
It may matter because he didn't state the manufacturer. Some manufacturers offer a warranty (be it lifetime or one year) that is valid only to the original purchaser. If that's the case, even if the original purchaser never fired the gun, it is "used" and the manufacturer's warranty may not apply.

Colt is an example, and I believe Kimber is the same. I know they both make exceptions and repair guns for other than the original purchaser, but they make clear that these are exceptions and are viewed on a case-by-case basis. A second purchaser cannot be assured that a problem will be repaired under warranty.

If the gun had been previously sold, it was not "new" it was "used," and should not have been represented as "new."
 
went to the shop today and showed the receipt to the salesman. He got his boss and the problem was the gun was used but sold as new. The confusion was another salesman (so he says) tagged it wrong. I asked why did it take this long and until i questioned it to tell me? He just had no answer at all.

Then he asked if i would consider selling him the gun back as an even trade of the original gun i was looking at? A Springfield Custom Loaded FULL-SIZE Stainless 1911-A1 45ACP. This is odd as this is an 800.00 gun.

Twice as much as the one i purchased. Is he just being really nice or just trying to avoid any possible public attention? Eitherway he wants me to come in tomorrow and do the deal and sign some paperwork on the original gun i purchased and fill out new paperwork on the new gun i want.

My shooting coach (a county sheriff deputy) told me NOT to let the shop owner get the gun back until he talks to his superior because he thinks that it may be an ATF issue and he has heard of this shop selling used as new before and some how got off the hook by giving a similar offer.

who knows i dont want to get involved with anything dirty with fire arm i may just do the deal and be done with it.
 
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