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Returning a firearm?

BigAl23

BigAl23

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If you purchase a firearm, whether it be a pistol, rifle or shotgun and it malfunctions multiple times and/or is defective, can the dealer take it back in return and refund you? Does the 3 day return policy in Mass be valid on firearms?
 
AFAIK there's no "lemon law" equivalent for firearms, and dealers can't really accept returns on firearms for various reasons. Your only option is to go to the manufacturer and hope to get a satisfactory resolution, which is really up to them because you're sure as hell not going to get the AG to try and help you resolve it.
 
defective or you don't like it?

Defective chances are it is going in for warranty repair, if you didn't like it chances are you are going to have to sell it unless you are on good terms with the FFL

But if it is an in demand gun in a world where guns are made out of unobtanium, you could flip it for what you paid for it
 
If it's defective, send it back to the manufacturer, (after getting a Return Authorization), first. You can ship directly to mfg and they can ship directly back to you.

I have a Mossberg 930 that two gunsmiths worked on, and it still wouldn't run right. I sent it back to the factory, they turned it around quickly and it's been running beautifully ever since.
 
You generally send it back to the factory. Sometimes the dealer will be decent enough to take care of it for you.
That generally is going to be impacted by how long ago you purchased the firearm.

Otherwise you will have to contact the manufacturer (look them up and find the specific number to call).
They will instruct you on what to do from there.

I've had to send 2 pistols (in the past) back for work. One was worked on and has been great since then (still one of my carry guns) and the other was
completely replaced with an entirely new pistol.
 
If the dealer ships it back for you, and receives it back from manufacturer, can he give it back to you without new paperwork?
 
BigAl23 said:
If you purchase a firearm, whether it be a pistol, rifle or shotgun and it malfunctions multiple times and/or is defective, can the dealer take it back in return and refund you? Does the 3 day return policy in Mass be valid on firearms?
Click to expand...
That is a good question. And good responses to it too.

But, non-firearm-wise, what is the 3 day return policy in Mass you refer to?

Thanks
 
BigAl23 said:
If you purchase a firearm, whether it be a pistol, rifle or shotgun and it malfunctions multiple times and/or is defective, can the dealer take it back in return and refund you? Does the 3 day return policy in Mass be valid on firearms?
Click to expand...
The dealer most certainly CAN. If the dealer says's "CAN'T" (s)he is mis-using the English language and should be using the term "WON'T".
 
:

" Restrictions in return policies do not apply to defective goods, which cannot be used as intended (such as a toaster that will not toast or a television that does not get a picture). The store is required to give you the choice of a refund, repair or replacement. A seller cannot misrepresent its refund, return, or cancellation policy, or fail to honor any promises about it. Specially-ordered merchandise may have additional restrictions. "​

I can pretty much guarantee you that virtually every gun store in MA will refuse to offer that choice if a gun is defective out of the box.

But, non-firearm-wise, what is the 3 day return policy in Mass you refer to?
Click to expand...
I think he is referring to the recission period of 3 days for contracts made at a location other than the seller's regular place of business. This is designed as some protection from Empire Carpet; Window Companies; etc. that always tell you "Your lucky day... big sale... not available unless you sign the contract right now, you will never be permitted access to this price again... (that is until their closer calls you the next day to take another shot)..."

This is common in many states, and why TimeShare companies try to get you at the beginning of your vacation - you are more likely to cancel if you sign on the last day of your trip, get home, and someone not mesmerized by the salescritter says "WTF? You signed up for real estate ass cancer?*".

* Credit to DRGRANT for the most appropriate terminology.
 
I got a defective Remington 700 rifle from Collector's Gallery in Stoneham, keep in mind this was a long time ago. I went back and they were super cool. They packed it up and sent it back for warranty service. Remington returned it to them and they called me to come get it. This is what I consider good service and what makes me go back and spend more even if they don't have the lowest prices.
 
When Bourne Bridge Guns was still on this side of the bridge, I bought a Llama .380 from him at a nice price. Found out later that day that the frame rails were screwed up somehow. He let me return it right away and I bought a different gun on his shelf instead. ;)
 
ddraper said:
I got a defective Remington 700 rifle from Collector's Gallery in Stoneham, keep in mind this was a long time ago. I went back and they were super cool. They packed it up and sent it back for warranty service. Remington returned it to them and they called me to come get it. This is what I consider good service and what makes me go back and spend more even if they don't have the lowest prices.
Click to expand...
Right, but it fell short of the MA required offer of a choice of "repair, refund or replacement". My guess is that the later two options would have been unlawfully refused if you asked.
 
A dealer will never let you return a working or repairable gun. Once you walk out of the store they are done with you.

Gunbroker it. List it for three times what you paid. Argue with anyone trying to be reasonable. Eventually make a deal but , this is important, barely communicate with the buyer. The more cryptic you can make the message the better.
 
Rob Boudrie said:
Right, but it fell short of the MA required offer of a choice of "repair, refund or replacement". My guess is that the later two options would have been unlawfully refused if you asked.
Click to expand...

Correct. I was not offered a choice. Basically they said you can send it back to Remington yourself or we can send it for you. I opted for the later.

Back in 2015 my wife bought me an M&P 9mm pistol from Cabelas for Father's Day. It turned out to have some problems and when I took it back to Cabelas within 2 weeks hoping they would send it back for me. No way. They told me we can't do anything, you call S&W and deal with them.
 
i'm sure it's happened but i've never heard of it for a new gun. best case i'm aware is the dealer offers to pack, return and pick up shipping charges for the defective gun for it's trip back to it's origin. i suppose you could do what folks do to car dealerships, stand outside with a sign saying the shop sells lemons. it gets attention. a used gun i imagine a different story...
 
If a customer has a problem with a new gun I recommend either sending back themselves or I will take it and send it back on their behalf.

If it gets taken in by me, sent to the manufacturer, returned and then returned to the buyer, no 4473 is required. It is logged as "gunsmithing" and that does not require paperwork beyond my bound book as long as it is returned to the person who gave it to me.

There is no path for a dealer to get a refund on the gun. Some distributors will take back an unsold gun. Some will take back an unsold gun and handle dealing with the manufacturer. Most just say "deal with the manufacturer". If the dealer as to give a refund, then they flat out lose money. They now have a gun that is used (even if unfired) that they may get repaired, but now have to sell as used. Unless it is a high demand gun during COVID, they will lose. Its not like the dealer can check out the gun for functionality before selling it...
 
bondsman333 said:
Four Seasons took care of me 10+ years ago. First ever firearm, a brandy new 10/22. They tried to fix it in house a few times, then gave up and handed me a new one off the rack.
Click to expand...

I'd put that squarely in the "above and beyond" category. I wouldn't expect that sort of treatment routinely, especially if it's a higher-priced item than a 10/22 as the dealer would be eating a significant cost at that point. Even with lower-priced items, doing that frequently would eat into their profits too much.
 
I bought a used 22lr pistol a few years back that would ftf. Pull the trigger, and nothing. The next day I went back to the shop and was told that this particular pistol had a trigger job and was on consignment. Yeah, no thanks. Im not spending my money nor would i expect SW to fix someone elses hack trigger job. They took it back and i bought a new one instead.
 
CrackPot said:
There is no path for a dealer to get a refund on the gun. Some distributors will take back an unsold gun. Some will take back an unsold gun and handle dealing with the manufacturer. Most just say "deal with the manufacturer". If the dealer as to give a refund, then they flat out lose money. They now have a gun that is used (even if unfired) that they may get repaired, but now have to sell as used. Unless it is a high demand gun during COVID, they will lose. Its not like the dealer can check out the gun for functionality before selling it...
Click to expand...
Absolutely true on all counts.

What the law requires in this case is not reasonable. What I find interesting is that the law, even though unreasonable and unfair in this situation, is ignored with impunity.

It is not unheard of for dealers selling on consignment to withhold payment to the consignor for a period of time to allow for a "not functional as represented" return.
 
massgun said:
If the dealer ships it back for you, and receives it back from manufacturer, can he give it back to you without new paperwork?
Click to expand...
free said:
That is a good question. And good responses to it too.

But, non-firearm-wise, what is the 3 day return policy in Mass you refer to?

Thanks
Click to expand...

Mass laws state a retailer has to refund the purchase price on any item that is returned within 3 days with receipt, no questions asked. It also applies to auto sales believe it or not.
 
Great replies.

A few years ago I purchased my first semi auto shotgun. Same day I took it to the range and it did not cycle. I returned to the dealer and he just filled out a form that I returned a firearm. It was the right thing to do and there was no problem at all. If you must know, it was Bob at Bob's Archery and Sport shop in Webster.

So the reason for the post was a firearm I purchased Monday. Fired it, lots of malfunctions, cleaned it oiled what needed to be oiled and tried it Tues. It was the same thing. Lots of malfunctions, including double feeds, shell not ejecting, bolt was locking back for no reason. .22LR Rifle.
So, I returned it and the dealer gave me my full price in trade towards another .22LR rifle. That's all I'm going to say about it.
 

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