Friends, I need some help. Does an FFL bear any responsibility if he sells you a new gun that turns out to be defective?
We were at the gun show in Cleveland last weekend and the wife had a gleem in her eye for the .357 Ruger LCR. Next I see her, she's got the factory-sealed box tucked under her arm. RED FLAG! "Um, you didn't buy that without inspecting first?" I ask. She says she couldn't open the box until it was outside, then the pistol could be disabled at the door and brought back in, if needed. Those were the rules. Of course by then, it was bought.
But we both soon forgot about it and drove away. After the bad experience with the last new Ruger she bought, can't believe it, but we did.
So we get it home and find the cylinder release barely works. Flipping it over and inspecting with a loop, I find the slot in the retaining screw head partially stripped in both directions, and it's been staked. There are four LCRs in the extended family: None of them -- including a .357 -- look like this. Even if the gun worked perfectly, this is shoddy workmanship. Sold at a discount, even -- as a refurb or whatever -- this gun would still be a problem due to the marginal release mechanism. How does Ruger let a junker like this out the door packaaged as NEW??
Anyways, she calls the FFL (from whom it was bought) and he tells her to bring it over, which she does. Much to our relief, he agrees that it is defective. But when she asks for her money back -- since there are no replacement guns available -- he starts dancing around: It can be taken to a gunsmith and "smoothed out." It can be sent back to Ruger for rework.
MORE REWORK? Gunsmith? For a NEW gun? WTH? Am I the one out-of-line here, thinking that "new" means "NEW"?
Well, she let him talk her into letting him send it back. So in the meanwhile, for the better part of $600, she has nothing. And you don't even want to see her if they return it with that boogered-up screw assembly still on.
So what I want to know is: In these kinds of situations, how firm is the ground under the buyer? Can a demand for refund be made, and a complaint filed against the FFL if it's not given? (And in the case of a return/refund, is there a standard way to unlink the buyer's name from the S/N of that gun in the state's database?)
It's clear that at least some of the risk is borne by the buyer when the purchase takes place at a venue that prohibits pre-purchase inspection, but when the product is found to be defective (even when it's a gun), shouldn't the buyer be able to get a refund?