No visible damage was apparent so I decided to try the gun again, but the same thing happened only this time with devastating damage as the muzzle blew apart.

I took the gun back to the shop and a few days later we were instructed by the local cartridge rep to send it to the proof house for a full investigation into what caused the accident.

Even though numerous phone calls have been made to all parties, neither the dealer or I have heard a single thing back. I am surely entitled to some explanation and a replacement gun?

Shooting legal advice

DAVID FROST

If you get a double discharge it is unwise to fire the gun again without getting it checked by a gunsmith.

As you bought the gun from a dealer it will be covered by the Sale of Goods Act.

The gun should be fit for purpose and in this case it clearly wasn?t.

In my view – possibly through not fully understanding the law – you have been incredibly patient.

Tell the dealer you want either your money back or another gun of similar quality.

It?s no good letting him hide behind the smokescreen of what the importer or proof house may or may not be doing.

If the dealer won?t play ball contact your local Trading Standards Office or take him to the Small Claims Court to get your money back.

As with any product you buy, a gun should be ‘fit for purpose’ – if it isn’t, the retailer should replace it or give a refund.

  • E Bonail

    I need some advice. I have an almost new 12 bore D/B shotgun, side by side, auto ejector which was a personal gift to me by the gunmaker Ugartechea in northern Spain. The gun was made in 1971 and has only been used about six times on rough shoots and clay pigeon, so it’s hardly used and well preserved. It has a factory proof firing certificate. I am getting on now and want to dispose of the shotgun to a licence holder before my licence renewal. What would be the best way to go about this ?

  • Les Martin

    I have the same problem with a bettinsoli 12g. I shot all game season with it, no problem. It was in the cabinet for 3 months then I got the chance to go pigeon shooting, so I took it to my local clay ground for 60 sporting as practice. It double discharged 5 times on a round of 60. The next day it double discharged once out of 12 – 15 shots. it “appears” to happen when top barrel is selected. It is now, on the manufacturers instructions, at a gunsmiths being checked out. The dealer does not want to refund the purchase price, nothing like this has ever happened before etc. At a local gun club I attend the gun is said to be well known for double discharging. when is a fault classed as inherent or the article not fit for purpose. Is it acceptable to allow the dealer/manufacturer a chance to repair the problem?

  • paul grey

    More to the point – the dealer must be aware that he – not the manufacturer is liable. In addition, had you been injured his life could be far more tricky.

    If the dealer keeps stalling – tell him you will report the matter to trading standards and share the fact that he supplied you with a dangerous weapon and then attempted to avoid replacing it.