View Full Version : Dealer Sold Used Gun as New
Last Saturday I drove out to Elizabeth to buy a "new" pocket revolver from Big R because they were on sale.  Big R does not even carry used guns, but when I got home I noticed upon closer review that it was dirty.  After some disassembly, it was very dirty, it also had powder burn rings around the front of each opening in the cylinder.   When the grips were removed there was a significant amount of lint with pet hair under the grip.  Also after cleaning the gun I noticed the play in the cylinder is looser than it should be for a new gun.  They have a policy of a buyer signing a paper at purchase that says no returns.  I definitely have not fired it yet.  When I called a they told me it's not possible it's used, so what would you guys do?
I would call the ATF and explain to them what is going on and see if they can run a trace on the gun and see where it actually has been.  I would also call the manufacturer and ask them how they test fire their guns and document what they say.  That may explain the powder burns but I doubt they test fit them into their pockets so who knows where all the lint and pet hair came from.
Also I would take pictures of everything you have found to date.
HoneyBadger
01-31-2014, 11:38
Take it back to the store and threaten to get the ATF involved if they don't make it right immediately.
Document everything.
I would call the ATF and explain to them what is going on and see if they can run a trace on the gun and see where it actually has been.  I would also call the manufacturer and ask them how they test fire their guns and document what they say.  That may explain the powder burns but I doubt they test fit them into their pockets so who knows where all the lint and pet hair came from.
Also I would take pictures of everything you have found to date.
This^^ I hope you already took detailed pics of it and I would have personally brought it back before even cleaning it. Question though, you didnt notice the burned cylinder before paying for it??
Take it back to the store and threaten to get the ATF involved if they don't make it right immediately.
Document everything.
Problem with that is he has had the gun for about a week now so they could just say he used it and put it into his pocket hence the lint.  Call the ATF first, Big R doesn't give a shit about customer service I can see the store from my house and don't go in there unless it's an emergency.
Great-Kazoo
01-31-2014, 11:53
BEFORE YOU CALL THE ATF.Call the manufacutre of said gun. They can tell you where / when is was sent (distributor) . Once you have that info, contact the distributor (buds, or other vendor) find ut who they sold it to. THEN go back to Big R and talk (in person) to their store manager.  Without any documentation trail it only turns in to a pissing match.
The ATF will get involved if the firearm is believed to be stolen, or other "criminal' act.
Yep, talk to the manuf, they might just make it right and send a new gun to big r and cover the fees.
SSChameleon
01-31-2014, 12:32
Check your PM.  I mentioned this a guy at the corporate HQ here in Pueblo and was very concerned.  Basically, he said he doesn't know how this could happen unless the manufacture shipped a used gun to the store.  He wants to get in touch to track this one down and find out what happened.
Big 5 has the most relaxed return policy.
http://www.big5sportinggoods.com/content/1220/return-exceptions-policy.html
Original Purchaser of Firearms:
*Firearm purchases must be returned to the same store at which they were purchased.
*No refunds or exchanges unless returned in the original condition within thirty (30) days from the date of release.
I personally have known someone that has returned a firearm at Big 5.  
My guess is someone bought it, shot it, cleaned it, and returned it.
SSChameleon
01-31-2014, 12:39
I would be impressed if Big 5 accepted a return for a gun purchased at Big R.  That would be amazing customer service.
newracer
01-31-2014, 12:40
Big 5 has the most relaxed return policy.
http://www.big5sportinggoods.com/content/1220/return-exceptions-policy.html
Original Purchaser of Firearms:
*Firearm purchases must be returned to the same store at which they were purchased.
*No refunds or exchanges unless returned in the original condition within thirty (30) days from the date of release.
I personally have known someone that has returned a firearm at Big 5.  
My guess is someone bought it, shot it, cleaned it, and returned it.
Not the same store.
bellavite1
01-31-2014, 12:40
I have.
Bought am 870 for the wife a few years ago, went to the range, shot it, action would not unlock.
Brought it bak and exchanged it for a 500.
Shit sorry i should read... haha
Thanks for all the input, I will drive out there and talk to them, it's 80 miles round trip from my house so not going today.  As far as the gun did looked fired when I picked it up but I assumed that was the factory.  It wasn't until I removed the grips and found lint that I started thinking used.  I attached a pic and please no remarks on the size of the gun, it's just something I've been wanting. Notice how the lint filled the holes in the back of the grips and a piece over the spring in the frame.
sellersm
01-31-2014, 13:54
Call me cynical and suspecting, but methinks that the new one has been sold by an employee, and replaced with this one.  Or something similar...
I have been in contact with Big R and they are going to send it back to the manufacture to determine if the loose cylinder is a concern.  I will keep everyone here informed when I get a resolution.  I will be curious if the manufacture can determine if it's really a new gun.  Thanks SSChameleon for your help.
BPTactical
01-31-2014, 15:50
Contact the dealer face to face in a respectful manner. Calmly explain you concerns and try to come to an amicable resolution. Don't play the blame game or be accusatory, a simple "I purchased a firearm sold as a new item but it has obviously been used aside from factory test firing." should be sufficient to start a dialogue with.
james_bond_007
01-31-2014, 15:54
I once bought a box of the cheap 100 7-1/2 shells for my 12 ga.  at Walmart.
When I got home, I found the box contained 20 ga. ammo.
I high-tailed it back to Walmart.
At first, the clerk said "No returns on ammo." 
When I spoke to the manager, she made it right and exchanged it for me.
Sometimes you have to find the right person with which to discuss matters.
james_bond_007
01-31-2014, 15:56
I didn't know Rich Wyatt worked at the "Big R" in Elizabeth.
Thanks for the recon data. 
[Sarcasm2]
newracer
01-31-2014, 16:00
One time I bought a gallon of oil at Walmart, opened it up at home and it was filled with used oil. They gave me a new one when I took it back.
Big E3, does the serial number on the revolver match the serial number on the box?
Maybe I assume too much, but was there any cross-referencing of the serial number to the shipping manifest, receiving log, disposition book, etc.? It should be "somewhat" simple to determine where this deal went hinky.
I can't imagine it would be too difficult to do a physical inventory check, and reference SN's to the book, and receiving log/shipping manifest.
Just chiming in with my thoughts...
osok-308
01-31-2014, 16:21
This^^ I hope you already took detailed pics of it and I would have personally brought it back before even cleaning it. Question though, you didnt notice the burned cylinder before paying for it??
This was my original thought.  Make sure you call the ATF as well as the manufacturer.  THEN call the Big R.  You could also call Big R to inform them that you believe that it was used and plan on calling the ATF to confirm.
Great-Kazoo
01-31-2014, 16:39
This was my original thought.  Make sure you call the ATF as well as the manufacturer.  THEN call the Big R.  You could also call Big R to inform them that you believe that it was used and plan on calling the ATF to confirm.
The atf is not involved unless there was a crime committed with the gun, stolen, or misrepresented (serial # wise) from the ffl.
Great-Kazoo
01-31-2014, 16:39
Thanks for all the input, I will drive out there and talk to them, it's 80 miles round trip from my house so not going today.  As far as the gun did looked fired when I picked it up but I assumed that was the factory.  It wasn't until I removed the grips and found lint that I started thinking used.  I attached a pic and please no remarks on the size of the gun, it's just something I've been wanting. Notice how the lint filled the holes in the back of the grips and a piece over the spring in the frame.
Forget the lint. I'd be concerned about the recoil on that short a bbl.  ;)
wctriumph
01-31-2014, 16:48
Was it a Taurus?  That would explain it.  [Coffee]
TEA
III
It appeared to be on some type of inventory sheet that included serial numbers when I went to pay for it.  I did not see any scrabbling to rectify any numbers.  Numbers on the gun and box match, all things I have thought about.  Nothing during the transfer appeared to set off any alarms about something being wrong or out of usual.  Again I have bought a lot of used guns, and I check condition of used guns with much more diligence.  Just wish I would have looked at this one more closely.  I don't care about the lint, I'm most shocked that once it was cleaned there was so much cylinder play.  Not a gun I would have accepted on the used market.
Bailey Guns
01-31-2014, 17:40
I've never known a NAA revolver to have a tight cylinder.  Not loose to the point I'd be worried, but never tight.
Big R clerks at the store in Conifer verify, re-verify and triple check serial numbers at like 3 steps in the sales process.  Then a mgr verifies it again against the bound book entry before finalizing the sale.  Then the mgr walks  the customer outside before handing over the gun.
My other NAA mini in 22 mag that I bought used is significantly tighter.
I attached a pic and please no remarks on the size of the gun, it's just something I've been wanting. 
Nuttin wrong with those, I got one, I bought one on stainless and the indents on the cylinder are black and the grips were black.  for some reason derringers intrigue me, and well, I wanted a revolver belly-gun.  Why have two shots when you can have 5?
It is fun to shoot.
Nice thing about purchasing firerms, you are purchasing them for you, noone else.  I don't NEED an identical right and left handed AR Pistol, but I wanted them.  LOL
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