Please answer new gun receipt question

Curiouser, and curiouser. I would do what the Deputy said. The shop shouldn't be allowed to keep getting away with that practice.

You still haven't said what gun you bought. Was it also a Springfield Loaded?
 
like i said i dont want to get involved in that i am letting my shooting coach talk to his boss and they can take it from there. I am just keeping my gun and NEVER going there to buy one cent of anything in that store ever again... word of mouth hurts a stores rep one customer at a time.
 
It may be wise to take your shooting coach( the county sheriff deputy) with you to the selling gunshop to talk to them about the possible used for new exchange. Especially since he has apparent knowledge of supposedly previous deals such as this done by the shop.
 
actually he is on duty today and he and another officer are going to talk to them to see what had happened. If it was a mistake no problem no harm no foul just make it right. Either get me a new gun or refund the proper portion in the difference of cost.

No actually the original gun i wanted was the Springfield but decided the budget was to high for me at this time. I bought an ATI 45. Its just for target shooting and plinking nothing else actually. Its not like it was a 1k gun it was only 4 hundo but i see online and at other stores thats higher than a new one.

OH WELL! live and learn i guess. I would like to thank everyone on the board over the past few weeks for giving me some very good advise seeing im a newbie in hand guns and what not all the tips and info you have supplied me with is very appreciated. Its hard pressed to find a better bunch of people than the ones in this forum. again thanks
 
If you can't tell it was fired then that is as good as new to me. Revolvers will have drag marks on the cylinder, autos will have scratches on the magazines. Aside from that you can write anything you want on those little tags but you have to realize some guys buy guns and never shoot them. When they sell them they should be marked as "as new, in box" because they are "pre-owned". If you refuse to marry a girl because she's not a virgin then your stupid in my book. The minute you shoot your "new gun" it doesn't matter anymore anyway. I have lots of guns that are as old as I am (50YRS) and most of them are in better shape than a two year old gun that wasn't cared for. Gun are simple machines compared to cars and weedwhackers so if it looks new it's as good as new. When I see a gun labled new that looks shot I use that to bargin then price down. :)
 
Boy, now I'm really confused!
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Magnuson-Moss if federal law that applies only to written warranties. The intent was to prevent deception and allow consumers to understand what is covered and what is not.

However, just because there is no written warranty does not mean the consumer has no recourse. In fact, most written warranties do not provide any additional protection than already exists by law. The most important of which is the Implied Warranty of Merchantability. Basically it requires that any goods sold by a merchant must be fit for the ordinary purposes for which such goods are to be used.

In short, don't worry that Ruger doesn't provide a warranty card. If you're really interested in your consumer rights, then look up the Uniform Commercial Code (UCC) for your State. There will be variation of the law among the States as it is codified by statute. Of course this makes it non-uniform, but this is our federalist system of government. A system that is worth the complexity.
 
Is he offering to buy back the pistol ($400) and sell you a $800 SA Loaded for what you originally paid ($400)? If so, well I think you know what to do. While tempting, if you accepted the deal you'd be complicit in covering up his wrongdoing. Would you have violated any laws? I don't think so, but it's definitely unethical and no good will come from it.

BATF would probably be interested in a licensed dealer selling a used gun as new.
 
And by the way, just because a shop displeased you once is no reason to ban them. I'm a collector and buying guns is a game like buying a used car. Unless your town has like 50 gun shops you can't just write them off whenever you make a bad buy. Live and learn.
 
Hmmm, this is getting a bit odd. While definitely suspicious, I still don't see anything that is glaringly illegal. According to the owner, it was a simple mistake with the paperwork (not illegal as far as I know), though the shop does have a reputation for selling used guns as new (likely illegal if done intentionally=fraud). However, I doubt that anyone could prove that you were sold a used gun as new intentionally, especially since the dealer admitted the mistake and gave you an unusually generous offer to make it right.

The dealers offer to trade straight-up for a gun worth twice as much as what you paid does seem a bit off. Were I the owner of the shop and this truly just an honest mistake, I'd offer to either take the gun back and refund you money or take the gun back and replace it with a NIB specimen of the same model. It does make one suspicious as to whether the overly generous offer is an attempt to hush things up. That being said, however, I don't really see how you would be doing anything dishonest or illegal by taking the dealer up on the offer.

The only thing that I would be particularly concerned about is making sure that the proper paperwork is filled out for the replacement gun as not doing so would be illegal. Any time a gun with a serial number different from a gun you already legally own is transferred to you from either a manufacturer or FFL, a 4473 must be filled out just as if you were buying a new gun. This is why a manufacturer that fixes a firearm under warranty can ship it directly back to you (you've already filled out the paperwork and gone through the NICS check for that gun) but must transfer a firearm replaced under warranty through an FFL even if it's the exact same model (different serial number=different gun).

Certainly let your LEO buddy talk to the dealer if it makes you more comfortable (it would make me more comfortable) but if the offer for the Springfield still stands afterward, I see no reason why you shouldn't take it. I do think, however, that I might stop back in after a week or two to see if the original gun he sold you is sitting in the case with a new gun tag on it (and report it to the proper authorities if so).
 
Webleymkv
You're right in pointing out that I am jumping to conclusions - my bad. :o

It's just when something seems too good to be true, I get suspicious. But you're right, the dealer may be contrite and truly concerned about the mistake. But given the limited information, it don't smell right.

I had a dealer do a switcharoo on me once, and I've chosen to never set foot back in the store. I don't think it was used as the paper trail would eventually catch up to a dealer doing this on a routine basis. In my situation, I checked out a Beretta 92 FS and decided to buy it and stated that I wanted that specific pistol. Off to the back to be boxed up and I made the purchase. I get home and it's a nib 92, but it has several dings. All cosmetic, but readily apparent and obvious after a cursory look.
 
It's just when something seems too good to be true, I get suspicious. But you're right, the dealer may be contrite and truly concerned about the mistake. But given the limited information, it don't smell right.
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Oh I agree that there's a distinctly fishy smell to the whole situation, but none of the info the OP provided us definitively proves that the dealer is dishonest. Were it me, I'd take the deal on the Springfield and take my future business elsewhere, you know fool me once shame on you but fool me twice...

I'm not so sure that the OP would be complicit with anything by taking the offer on the Springfield though. Whether the OP takes the deal or not, there isn't enough evidence to prove that the dealer did anything but make an honest mistake based on the info we've got. If the dealer is dishonest and tried to screw the OP over, well then getting caught and getting away with it anyway certainly isn't going to discourage him from repeating such unscrupulous practices in the future. If, however, it costs him $400 more to give the OP the Springfield, well then maybe that's enough financial sting to make him think twice about pulling such a stunt in the future.

If the dealer is on the up-and-up and still offered to trade for the Springfield, well then I guess that's just excellent customer service as, based on the info the OP has given, no one is twisting his arm into doing it. The way I look at it the $400 is a lesson to keep his paperwork straight.
 
talked to my shooting coach a few hours ago and he assures me it was an honest mistake. 2 identical models one used one new (by used it seems it was fired 3-4 mags by a customer then returned due to a feed issue). Just tags were mixed up when doing a side by side for a customer (dont know why the tags were off in the first place).

The deal is this I am returning the gun. And i am getting a Springfield on exchange + 40.00 for the mix up. So in all i am getting a nicer gun for about the same price. He could have just wanted to swap even for the ATI either money back or brand new gun same model. He said to the officer seeing it went so long and it was the shops fault if i wanted the Springfield he would be willing to do a swap plus 40.00 bucks so for an additional 40.00 i get the Springfield. Thats the way i will do it and just not shop there anymore.

I dont want anyone to get fired over this and as hard as it is to get a job now in this economy especially these larger sportsman super centers. as far as sounding fishy i assure you this is what the extent of it was nothing more nothing less. Although because i was ****** off i may have over reacted as i felt it was intentional and now i know it was just a mistake. I believe the salesman got a right up (i feel bad about that) but the department manager knew about it and did not choose to contact me so he is the guy who at the end of the day is responsible.
 
I'm glad you are getting out of the used gun, but I am not buying the shop's story. ATI is a brand name for one of the Philippine 1911 manufacturers (don't remember which one, there are three and they ALL build and sell guns under other names for various importers) and the ATI brand hasn't been around for long -- I'd say less than a year. If the store had one used, I'm sure it came back because it didn't work so you are fortunate to not own it.

And I think the store knew very well what they were selling. Considering all the paperwork involved with firearms, bound book logs and such -- a gun shop just does NOT mix up new guns and used guns.
 
Monkey business...

I have not read all the topic posts but what I'd do in a event like what was post would be;
A) Go to the owner/mgr directly and address your concerns. If you can't resolve it, don't be a jerk or flair up.
B) I'd contact the local BBB(better business office) and/or field office of the ATF; www.ATF.gov .
C) If these groups did not assist me or I did not get a reply, I'd go to my state's AG office. My state is in a good position because they have 2 consumer service/legal affairs websites to address fraud/waste/abuse. Many states or DA's offices have units or offices for these events. See www.USA.gov .

If these actions did not resolve the problem, I'd go to my local TV and/or print media. If they do a investigation and it looks legit, I'm 99.9% sure the gun shop or FFL holder will see the "light" and work with you. :)

I always ask for copies of all documents & keep printed gun shop paperwork. In 2011, you could scan the records too & put a file together.

Clyde
 
Well, if you're sure that it was an honest mistake, then I have to say the dealer really is going out of his way to resolve the issue. That being the case, I would actually probably give them repeat business due to going, in my opinion, above and beyond to make you happy (as I said before a full refund or exchanging the gun for a NIB example of the same model would've been reasonable IMO).
 
talked to my shooting coach a few hours ago and he assures me it was an honest mistake
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Thats Great news.

Especially since your shooting coach( deputy sheriff) went in to talk to them(gunshop personnel) and he probably approached them with an investigative/doubtful mindset since he suspicioned the gunshop of prior illegal selling tactics in the first place. I'm sure your shooting coach also I.D'd himself to the gunshop as a deputy. Apparently the gunshop was able to convince him it was an honest mistake and it most likely was.

FWIW,Although not good for business, I can see how the 'side by side' comparison tag switch could accidently happen. Especially in a large shop where things can get very busy.

I guess the bottomline for me would be that if my shooting coach was convinced it was an honest mistake and I now felt is was an honest mistake, I would also have to believe that the fact the gunshop was willing to exchange the used gun for a new gun of twice its value, that would show me this gunshop was willing to go beyond what they had to to rectify the situation and make me happy as a customer. It also shows me that the gunshop knows the possible costly ramifications of selling a used gun for new even if it was a mistake. Good attorney's aren't cheap.

As far as whether I did business with them again or not, it would depend on how they acted when I went in to pick up my new Springer. If you choose not to do business with them,may I suggest you talk to your instructor as to where he deals.

FWIW, of the gunshops I deal with, only one is a large gunshop in which they have three seperate store's located in three counties.
I deal with only two of the many employees in these stores simply cause I trust them. They know guns, they've worked there for years, I value their opinion , trust them and don't feel rushed on a purchase. Also have formed a kinda friendship with them over the years and its just nice to stop in and BS with them from time to time.:) If neither are working, I don't buy. I politely ask someone else when one of them will be on duty and return then to purchase.

If anything goes awry in the purchase of the firearm or I have trouble with it, guess were I go with that problem? It's happened twice in many years and many $'s of purchases with that store. One new semi auto that refused to cycle, the other a beautiful, used Smith revolver that was out of time. The semi auto was exchanged for another gun and the rev. was sent back to Smith by the dealer for repairs. Also, when I returned to pick up the rev., they set it on the counter, I inspected it and the owner threw a 50rd. box of 45acp and new set of moon clips on the counter for my trouble. I told him that wasn't necessary but he insisted.

If your just buying one,two guns and you're not going to get into shooting as a regular hobby, find someone you trust thats an avid,knowledgeable shooter and find out where they trust to shop.
If your getting into this shooting business all out, shop for a reputable, trustworthy dealer before you shop for a gun.
 
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