Outrageous sales practices -

[ImDrRich]

If you're at all familiar with my previous posts, and I don't expect y'all should be, I just purchased a Bodyguard 2.0.

Today I received an email from the seller (a known on-line company - this is my 5th purchase from them) saying the order was on hold because my state doesn't allow one of the mags (12 rounds) - they will remove this magazine and NOT replace it with a 10-round mag. If I want two 10-round mags I have to purchase a 2nd one. Another option, they give me is to cancel the order and incur a 15% restocking fee!

So what happens is, I get screwed out of a 2nd mag with no recourse whatsoever. They get to keep the magazine and then re-sell it to someone who lives in a normal state.

They say life isn't fair - well, this is yet another example. I want to blame someone but I'm too old to go down that road with nothing but cursing and grumpiness.

Am I wrong?

 

[glenwolde]

Maybe.

If the website said that's the way it comes, it's on you to know your local laws. But given your history with them, if you call them up and be nice you might get them to waive the re-stocking fee.

 

[BE Mike]

One thing to consider is if you got a great deal to begin with and if you were aware that this pistol came with a 12 round magazine that was prohibited in your state. This isn't your fault and isn't the fault of the gun dealer. Probably one small reason that NY state is losing population. Sometimes one just has to take one's lumps when they live in a state that restricts freedoms.

 

[JohnRippert]

If the gun normally sells with 2 magazines then the company should replace the one they are removing with a compliant magazine.

 

[Bald1]

I think it’s on you to know your states laws. I assume gun is shipping to a local FFL for you. See if FFL is willing to accept it and put a Magblock in it. Or take delivery without the 12 rounder and look for a 10rd backup on ebay

 

[hkcavalier]

As a small business owner, I'm with the dealer on this one. The gun comes to them as a set, and they can't legally ship one of the included items which has a low dollar value. Taking the time & shipping costs to make it "right" would wipe out any profit from the transaction. They now have a magazine w/o packaging that they have to label and stock, and can't sell the same way as one in a blister pack.

 

[jcelect]

12 round mag?

Did the on-line sale describe the mag as being 12rd? The seller obviously knew there was a state in which the mag was illegal to own and did not advertise properly! If the sale was advertised as having 2 mags, then the seller must supply 2 mags with the gun.
jcelect

 

[ken158]

I would bet S&W would just send you a 10 rounder if you called and asked.

 

[rbmac52]

Please post a link to the website where you bought the gun. I would like to see what language they use in the description of the item, and whether or not there is a caveat about knowing what the laws are in your state. I'm surprised the seller did not just inform you that you are not eligible to purchase the advertised package because the 12-round magazine is prohibited in your state. I think it is wrong that they are removing the magazine without just compensation in the sale price. I don't think I'd buy from that seller after hearing about the way they are handling the issue.

 

[Jim Watson]

A 2 x 10 package is a separate catalog item.

S&W BODYGUARD® 2.0 10-Round Compliant Model UPC 022188898910
Magazines (Two) 10-round capacity

Which I am glad to have found out, 12 is legal here but I don't want an extended magazine in a pocket pistol

 

[Rammer Jammer]

It's on the buyer to know their state laws. Not the seller's fault at all.

 

[Doug M.]

There is a difference between not sending the 12 round mag (silly, but a compliance issue) and not sending a second factory mag that IS compliant. Smells bad to me.

 

[444 Magnum]

Contest the charge with your CC company. Tell them it wasn't delivered. The order will be canceled and you won't have a 15% restocking fee. They may ban you as a buyer, but that doesn't sound like much of a loss.

 

[rbmac52]

Simple enough, just cancel the order. Then look for the same item with two 10-round mags.

 

[smoothshooter]

One thing to consider is if you got a great deal to begin with and if you were aware that this pistol came with a 12 round magazine that was prohibited in your state. This isn't your fault and isn't the fault of the gun dealer. Probably one small reason that NY state is losing population. Sometimes one just has to take one's lumps when they live in a state that restricts freedoms.

Sorta’ comes with the territory. . . . .

 

[Beju]

If they pull the 12 round magazine and give you a 10 rounder, there are some considerations involved.

1: Many of the big online retailers make relatively small amounts of profit selling mass-market pistols at Minimum Advertised Price, or even less with quote.
2: The 10 rounder is not free; they take a $20-30 hit on giving it to you.
3: The 12 round magazine they keep is not in OEM packaging and can't be sold for the price of a new magazine.
4: They may not even have any extra 10 round magazines to give you. It's a new gun, so a lot of people are buying extra mags at the moment.
5: I would be happy that they even offer to do make it compliant with your laws. In the county and state that I live in, a lot of sellers are unwilling to ship anything, let alone pull the offending magazine(s). PSA speaks a big game about the 2A, but they wouldn't ship me a red dot

 

[pharmer]

Well, going back just shy of 30 years, the situation was similar. When the Clinton ban took effect in 1994 I bought every "standard capacity" 9mm handgun my distributors would send. All of them included 1 mag (fortunately most box was so marked) instead of the usual 2 or in some cases 3. S&W put a handy note in the box that "as soon as they become available this postcard would entitle you to a 10 rd magazine." Naturally folks were upset about that "extra" magazine, especially since some went to $150/ea overnite. I'm sorry that brand of insanity has become permanent in that part of the country, part of the reason I left almost 50 years ago. Joe

 

[CH4]

I am sure Smith will step up and send you a 10 rounder. If they don’t, have your CC stop payment. To comply with a mix of state laws, most firearms manufacturers have guns with different UPC codes, denoting they are packaged to meet the requirements of specific states like CA, MS, NY, etc.; some come with spent shell cases, 10 round mags, where others have standard capacity mags.

 

[BC38]

Simple enough, just cancel the order. Then look for the same item with two 10-round mags.

Simple, but the OP will not get all his money back - they will keep 15% of what he paid as a "restocking fee" - so on a $250 gun the buyer will lose $37.50 of his money.
Simple, but not right.

 

[ladder13]

If the gun normally sells with 2 magazines then the company should replace the one they are removing with a compliant magazine.

That would be the honorable thing for them to do, imo.