I'm not sure I understand "without topping it off every time since new" (I've only topped off the gun a few (10 to 20) times if that is what you are asking), but I've loaded 8 in the mag (plus one and not), 5 in the mag, 4 in the mag, and 2 in the mag and had trouble 10 to 20% of the time no matter the number loaded...always a live last round stuck in the ejection port or completely ejected from the gun. Have had the issue with 6 different magazines and with 8 different brands of ammo. Replaced mag springs, then replaced mag springs and followers and recoil spring assembly, then returned my gun to S&W, then received 2 new mags...same trouble. Still waiting for additional new replacement mags... I now have over 3000 rounds through my EZ and have been communicating/working with S&W about this issue since January and it's still not resolved 6 months later. They clearly don't know how to fix it or perhaps find it too costly to fix...very disappointing!