Returns
Thanks buffdog. Great ideas there.
One problem, I bought this one from Lebaron last year, could be 1.5 years ago. The Marlin just sat in my gun safe all this time as I was busy with other things. I only took her out recently, cleaned her and shot her. I think it could be past Lebaron's return policy. Mental note: shoot the gun as soon as you buy it.
That might be a problem, but even so, the rifle is defective. While Le Baron is only the dealer, and as such, they had nothing to do with the manufacture of the rifle, they should still help you to solve the problem. You are going to have to tell them the reason for finding out only now why the rifle was defective. Above all, be polite, but firm. Yelling and screaming at someone, while it might feel good at the time, does not really solve a problem, and creates hostility. It is better to get them to work with you to solve the problem.
You might also send an e-mail to Marlin. Explain the situation, and why you found out about it only now. Make certain to include pictures. Firearms manufacturers are very conscious of lawsuits and bad publicity in the past 20 years or so. Also, there may be a phone number for Marlin, that you can call and talk to them, especially their complaint representative. Make sure you mention and refer them to the subject and posts on Gunnutz.com, so they can see for themselves. If you have to go this route, tell them you would like to return the rifle, (for the reasons of safety), and would like a replacement (for reasons of non-confidence in the rifle.) Marlin could do this by instructing Le Barons to exchange the rifle, and send the defective one back to Marlin for a credit or replacement.
Marlin should replace the rifle. Le Baron, being the Marlin Dealer, should assist you to come to a satisfactory conclusion. Otherwise, it will generate a lot of bad publicity for both these Companies.
The last recourse is a Lawsuit. If all else fails, then check with the Clerk of the Court at your local Courthouse, about filing a Small Claims Lawsuit. The Clerk of the Court will advise you of how to proceed, and the costs. Here in Manitoba, it costs $50 to file a Small Claims Lawsuit and if under $5000, it is probably going to be heard not by a Judge, but by an Appointed Officer of the Court whose decision will be legal and binding. You can also ask for reasonable expense costs, including the costs of bringing this to the Court. These hearings are more informal than an actual Courtroom, and you tell your story, they tell their story, and the Officer makes a decision. You don't need a Lawyer to represent you if you don't want one to.
DO NOT FIRE THE RIFLE AGAIN. You have now acertained that the rifle is UNSAFE. If you continue to fire the rifle, then that is evidence against you, in that you know the rifle is unsafe and dangerous, but you are still willing to fire it, thus showing that you are not wholly convinced that the rifle is unsafe. As a new shooter, you have exercised a bit of lack of judgement in firing the rifle so many times after the problem showed up. However, now that you are fully aware of the problem, and being told about it in no uncertain terms through these posts, any further firing of the rifle on your part would greatly weaken your cause and case.
As I mentioned in the first post, about keeping the empty casings for evidence, and writing things down, this is where you might need them. The chances are it will not go to this stage, as it is cheaper for the Company to replace the rifle, than to go to Court and have it cost them more, and the bad publicity resulting from such a case. If you consider the cost of the time, money, court costs, witness fees (you could call a gunsmith as a witness), the obvious evidence against them (the split casings), and the safety aspect, along with the fact that such an event would be now on record, and could be used against them in future court cases as an example (or Precedent), then it definitely is cheaper to replace the ($500) rifle than spend $5000 and possible future lawsuits that would cost them even more.
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