Question for gun dealers/owners

Fish Slapper · 02-12-2007, 10:10 AM

I just bought a new Kimber 45 last Friday at a local large sporting goods store in Washington. The pistol does not feed properly and the slide stop broke off in my hand in less than 30 rounds, needless to say I was pretty upset. I called Kimber and they will fix it no problem but it will take at least 2 weeks, I asked about returning it for another one and they said it was up to the dealer. I called the place where I bought it and they told me it was against Federal Law for them to exchange it and the best they could do was send it back to the manufacture, I understand they are willing to fix it but I feel like they should give me a new gun, when you spend 1k for a pistol you expect it to work right away. My question is if anyone knows if that is really true and they cannot exchange the gun? I understand there would be paperwork involved but is it really the law or are they just lazy?

billc_sbio · 02-12-2007, 10:27 AM

I've recently had a gun, sent back and exchanged by the MANUFACTURER.

I'm not sure that the seller couldn't do the same. Sure, there ends up being more paperwork, and I believe you're still viewed as "the owner" of the first gun (but hey, isn't it that this ISN'T supposed to be Registration...just clearance to purchase?)

On the Federal Form 4473, there will be two, showing that you picked up two different ones...

But as far as "the Law doesn't allow it", I'm not so sure! (I'd make them SHOW me where it says that

)

danger · 02-12-2007, 10:30 AM

Sounds like you got a defective gun from the begining. Maybe something the store even knew about. Kimber makes very high quality pieces, I'd be a little more proactive with the dealer...face to face, and see if you get different results.

crabbait · 02-12-2007, 10:35 AM

I would also avoid buying a gun from a dealer that has all the guns on pegs and hands them across the counter to any looky-loo who wants to fondle them. When I buy a "new" firearm I don't want handling marks and who knows what other handling errors to occur before I even get the gun in my hands.

nehalemguy · 02-12-2007, 10:41 AM

I used to work at several retail gun stores about ten years ago. I never heard of such a law. However, once out the door the gun is unfortunately used and can never be sold as new again. Also the retailer has no control over the care of the gun. Not saying you did anything wrong, but I could write stories all day about those who did. There were rare cases where we would exchange for a defective firearm, such as if a guy had a hunt date in the immediate future, but in most cases the gun went back to the manufacturer for repair. I feel your frustration. I have been in the same boat before. Kimber has an excellent reputation for customer service. I would not hesitate to ask for a custom upgrade or two if you do not already have them.

PIR8 Hook · 02-12-2007, 10:55 AM

B.S. from the store. They just don't want to! I was in a gun shop in Salem over last Christmas and a fellow purchsed two shotguns for his sons. As he left, he asked if the son for whom he purchased an autoloader could return it for an over/under if he didn't like it. The reply was YES! there was a small restocking and transfer fee but YES they'd take it back. This is another reason I will not buy from Sportsman's again.

nehalemguy · 02-12-2007, 10:59 AM

Also, another note. You DO NOT have to deal with or ship through the retailer if you do not want to for a repair/warrenty work. The law allows you to ship(UPS) straight to the manufacturer and back to you without going through any paperwork. If Kimber exchanges for your gun, THEN you would have to go through the paperwork again at a dealer because of the new serial number. If you end up sending yours back avoid the retailer. It will only slow things down.

billc_sbio · 02-12-2007, 11:08 AM

Yes, and if it's a Long gun, it can be shipped for a whole lot less $$$ through the USPS (Post Office).

And...I believe it's cheaper to ship pistols back to the Mfg.s through FedEx than the exhorbitant UPS! (That's what I've heard/read others say).

Fish Slapper · 02-12-2007, 11:25 AM

Thanks for the replies and Kimber said they would ship it to and from me with no problem at all, they will take care of it, I am just dissapointed with Sportsmans because I get the feeling they really do not give a hoot! any way lesson learned and from now on I will buy somewhere else...I bet Cabelas would give me a new pistol no questions asked!

Mark Youngblood

sunshinefisherman · 02-12-2007, 11:30 AM

The warrenty on most things is through the manufacturer, not the retailer. many retailers exchange defective products as a service to their customers but it is not required. Given the low profit margin and regulatory requirements of firearms, I can understand gun retailers not handing you a new gun.

As far as shipping, I have UPSed two guns back to the manufacturers and the requirements are that either the sender or recipient must be a FFL holder and that an adult signature is required at receipt. One time the UPS driver neglected to get an adult signature and left my handgun on my doorstep. I recommend buying the insurance.

Oregon-Jet · 02-12-2007, 01:32 PM

Kimber TLE Pro ????????

Fish Slapper · 02-12-2007, 02:18 PM

Kimber Eclipse Ultra 2

Ifishsum · 02-12-2007, 09:26 PM

I had something similar happen with the same chain, it is very disappointing but I don't really blame them. It is the manufacturer who built the gun, not they. They did ship it back for me on their dime (or billed it to the mfgr) and I got it back in about 2 weeks, right as rain.

Dr Strangelove · 02-12-2007, 09:58 PM

I purchase a Taurus Model 85 stainless 38 in the early 90's that spit lead from the first shot. I inspected it more closely and found it had a gaping crack in the forcing cone and was rough to revolve. I took it back immediately and told them the gun was defective and demanded another. Gave me a new one on the spot. Said they'd ship it to Taurus for their refund.

It sounds like you are the victim of the store's policy, not the law.

Kimber's use MIM small parts and it does not surprise me yours failed with a snap - after all it's casted alloy, not forged steel. If you want to fix the problem yourself, just order a forged part from Wilson. I like the Kimber design, but would rebuild the trigger, slide catch, and safety from Wilson parts. Or you can just send it back to Kimber and have the problem again in a few thousand rounds. Before you Kimber juys jump all over me on this issue, please take time to review MIM commentary on the 1911 website's BB.