Koblenz
Member
A couple of weeks ago I purchased an Indian Ishapore SMLE in .308 from a dealer in the Atlanta Farmers's Market gun show. The bolt was held from moving by a plastic tie. I have seen a lot of guns in gun shows tied this way, and assumed it was a safety measure against accidental firing.
However, when I got home and removed the tie, I found the bolt would not close into locked position upon cocking. I can push the bolt foward and turn down the handle, but as soon as I release the handle, the cocking spring forces the bolt to open and slide back a few inches.
I have not tried to do this loading live ammunition for fear of it not being safe.
So, essentially I was sold a broken gun. I sent an e-mail to the dealer and told him about the problem. I have his e-mail, phone, and address from his business card he gave me.
He phoned my office number on Martin Luther King Day (I was off work for the holiday so I did not find the message until the next day). He offered to have his gunsmith look at the gun and try to fix it. He told me to call his pager number.
That is the last I have heard from him. I phoned his pager number numerous times last week but he never responded. I also sent a second e-mail, to which he also failed to respond.
So my question is, what legal recourse(s) do I have to get a refund or repair of the gun? I have the seller's name and address and will get the canceled check for the sale of the gun with my next bank statement. I believe there is a small claims court in the state of Georgia for such occassions. In addition, I am wondering if I can obtain assistance from the Gun Show owner, who might not want any disreputable dealers in his show? Also, I have considered contacting BATF regarding the matter, and finally, the gun show was held at a State of Georgia facility, the exhibition hall of the State Farmers' Market, so perhaps that state agency might be willing to get involved in any fraud occuring in their facility.
At this point I believe the seller clearly indends to avoid resolving this issue. I am thinking that my first step (well, second after I first tried to resolve the problem with the seller), should be to contact the owner of the gun show and see if he is able to exert any influence on the seller. What do you think?
However, when I got home and removed the tie, I found the bolt would not close into locked position upon cocking. I can push the bolt foward and turn down the handle, but as soon as I release the handle, the cocking spring forces the bolt to open and slide back a few inches.
I have not tried to do this loading live ammunition for fear of it not being safe.
So, essentially I was sold a broken gun. I sent an e-mail to the dealer and told him about the problem. I have his e-mail, phone, and address from his business card he gave me.
He phoned my office number on Martin Luther King Day (I was off work for the holiday so I did not find the message until the next day). He offered to have his gunsmith look at the gun and try to fix it. He told me to call his pager number.
That is the last I have heard from him. I phoned his pager number numerous times last week but he never responded. I also sent a second e-mail, to which he also failed to respond.
So my question is, what legal recourse(s) do I have to get a refund or repair of the gun? I have the seller's name and address and will get the canceled check for the sale of the gun with my next bank statement. I believe there is a small claims court in the state of Georgia for such occassions. In addition, I am wondering if I can obtain assistance from the Gun Show owner, who might not want any disreputable dealers in his show? Also, I have considered contacting BATF regarding the matter, and finally, the gun show was held at a State of Georgia facility, the exhibition hall of the State Farmers' Market, so perhaps that state agency might be willing to get involved in any fraud occuring in their facility.
At this point I believe the seller clearly indends to avoid resolving this issue. I am thinking that my first step (well, second after I first tried to resolve the problem with the seller), should be to contact the owner of the gun show and see if he is able to exert any influence on the seller. What do you think?
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