Legality of selling mismatched ammo

[walking arsenal]

I went into one of our local gunshops today and while i was browsing their severely limited selection of ammo i came across a box of pmc elderado starfire in .45 acp

"Whoohoo!" i say to myself this stuff was a companion of mine way back when i first started to carry and its priced right too, 9$ a box, nuts only one box left better grab it. as i pick up the box i notice that its a little light for a box of .45 so i pop it open.

"WTH, brass!?" IIRC this stuff used to be nickle plated (slides ammo out more) there are rounds missing? (slides ammo out of box all the way)
WAIT a sec, this stuffs FMJ and Starfire, THIS IS A MIXED BOX!!!!!

At this i was slightly anoyed so i take the box to the guy at the counter and ask what they think they are trying to pull. He looks at it and is as miffed as i but promptly says "five bucks you can have it"

I bought the box of ammo because im a sucker for a deal, the rounds all look good, its half pmc and half magtech ball ammo. I'm not sure ill shoot it but i figured id be doing the world a service by getting it off the shelf. Problem is that when i got home i got to thinking about the legality of that practice. how do people know they arent slipping boxes of reloads out the door or that the employees arent trading old ammo for new stuff and then selling it at new ammo prices? im considering reporting this, what do you guys think? who do i report it to?

 

[Henry Bowman]

If the box isn't factory sealed, open and look before you buy. A little caveat emptor would go a long ways in this sue-happy society. On the other hand, if the contents are not what is stated on the box, that is a Lanham Act (unfair competition, trademark infringement) violation.

 

[Jim K]

There is also the question of liability for selling the wrong ammunition. I knew of one case where a man bought a surplus M1903 rifle, and then picked up a box of 8mm ammunition and said (according to witnesses), "I'll take this, too."

Somehow, he got the 8mm in the M1903 (I would have said it couldn't have been done) and fired it. The rifle didn't blow up (it was a DHT), but the case head let go and did a number on the rifle and a slight injury to the shooter.

The case was settled out of court, with a small compensation, but the dealer had witnesses to the statement of the buyer, that "I will take this, too." Had he said he would take the ammunition for that rifle, and the dealer sold it to him, the dealer would have been liable. But witnesses also stated that it was common for people to buy a rifle, then buy different ammunition for another rifle they already owned, so the dealer got off easy.

Still, it would be a good idea for a dealer selling a gun and ammo to question the customer to make sure there is no misunderstanding.

FWIW, in the case of the mixed ammo, I suspect the dealer is a victim of some guy who bought the good ammo, shot half of it, then threw in some cheap stuff and returned the box to the dealer. Yes, people do things like that. High price clothing stores say that just before a big event, even something like a presidential inaugural, people will buy fancy clothes. They return them two days later as unsatisfactory, but smelling of deodorant and cigar smoke.

Jim