Bad 38 special

[CredibleDefense]

[SkyHawk]

How do you get all the way from the gun store, to home, to the range having never functioned checked the gun? That goes for any new to you gun, revolver or semi auto. Sorry, that is just hard to fathom.

Anyhow at this point all she can likely do is wait unless she wants to go nuclear with credit card chargeback etc. But she should be dealing with S&W directly IMO. Having the FFL run interference is only going to slow the process down or worse, it will be 'fixed' by some Bubba and not the factory. S&W would have fixed it quickly and shipped it right to her doorstep had she dealt with them directly.

[Quiet]

It not revolving should have been discovered, when she did the mandatory safe handling demonstration before being able to legally leave the CA FFL dealer with the handgun. [PC 26850]

Also, what kind of S&W revolver is it?
Is it a DA/SA revolver or a SAO revolver?



Penal Code 26850
(a) Except as authorized by the department, no firearms dealer may deliver a handgun unless the recipient performs a safe handling demonstration with that handgun.
(b) The safe handling demonstration shall commence with the handgun unloaded and locked with the firearm safety device with which it is required to be delivered, if applicable. While maintaining muzzle awareness, that is, the firearm is pointed in a safe direction, preferably down at the ground, and trigger discipline, that is, the trigger finger is outside of the trigger guard and along side of the handgun frame, at all times, the handgun recipient shall correctly and safely perform the following:
(1) If the handgun is a semiautomatic pistol, the steps listed in Section 26853.
(2) If the handgun is a double-action revolver, the steps listed in Section 26856.
(3) If the handgun is a single-action revolver, the steps listed in Section 26859.
(c) The recipient shall receive instruction regarding how to render that handgun safe in the event of a jam.
(d) The firearms dealer shall sign and date an affidavit stating that the requirements of subdivisions (a) and (b) have been met. The firearms dealer shall additionally obtain the signature of the handgun purchaser on the same affidavit. The firearms dealer shall retain the original affidavit as proof of compliance with this requirement.
(e) The recipient shall perform the safe handling demonstration for a department-certified instructor.
(f) No demonstration shall be required if the dealer is returning the handgun to the owner of the handgun.
(g) Department-certified instructors who may administer the safe handling demonstration shall meet the requirements set forth in subdivision (b) of Section 31635.
(h) The persons who are exempt from the requirements of subdivision (a) of Section 31615, pursuant to Section 31700, are also exempt from performing the safe handling demonstration.

Penal Code 26856
To comply with Section 26850, a safe handling demonstration for a double-action revolver shall include all of the following steps:
(a) Open the cylinder.
(b) Visually and physically inspect each chamber, to ensure that the revolver is unloaded.
(c) Remove the firearm safety device. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step.
(d) While maintaining muzzle awareness and trigger discipline, load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used.
(e) Close the cylinder.
(f) Open the cylinder and eject the round.
(g) Visually and physically inspect each chamber to ensure that the revolver is unloaded.
(h) Apply the firearm safety device, if applicable. This requirement shall not apply to an Olympic competition pistol if no firearm safety device, other than a cable lock that the department has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in subdivision (b) of Section 32105 or is subject to subdivision (c) of Section 32105.

Penal Code 26859
To comply with Section 26850, a safe handling demonstration for a single-action revolver shall include all of the following steps:
(a) Open the loading gate.
(b) Visually and physically inspect each chamber, to ensure that the revolver is unloaded.
(c) Remove the firearm safety device required to be sold with the handgun. If the firearm safety device prevents any of the previous steps, remove the firearm safety device during the appropriate step.
(d) Load one bright orange, red, or other readily identifiable dummy round into a chamber of the cylinder, close the loading gate and rotate the cylinder so that the round is in the next-to-fire position. If no readily identifiable dummy round is available, an empty cartridge casing with an empty primer pocket may be used.
(e) Open the loading gate and unload the revolver.
(f) Visually and physically inspect each chamber to ensure that the revolver is unloaded.
(g) Apply the firearm safety device, if applicable. This requirement shall not apply to an Olympic competition pistol if no firearm safety device, other than a cable lock that the department has determined would damage the barrel of the pistol, has been approved for the pistol, and the pistol is either listed in subdivision (b) of Section 32105 or is subject to subdivision (c) of Section 32105.

[A-J]

It's hard to fathom what the actual problem is from what you posted. Speaking generally, when the hammer is cycled into the firing position is when the cylinder "revolves". If you got a gun that cannot be fired unless the hammer is cocked back (SAO or single action only), then you can pull the trigger all day long if the hammer isn't cocked and nothing will happen. If it's a double action then yes it's a problem if the cylinder does not revolve as the hammer goes back. But that would be a warranty issue, and the FFL only needs to be involved as the conduit to send the gun to the mfgr and receive it back once it's fixed.

[Tyke8319]

It's quite conceivable that the dealer sent the gun back to S&W for repair but you won't know without asking.
Smith doesn't make any single actions so that's not the problem. Over 52 years of gunsmithing I've periodically seen revolver cylinders that fail to rotate once fired due to too close of a tolerance between the cylinder face and the forcing cone. They usually need about a .006" gap between the cylinder and Bbl. But, that can vary. .Some revolvers can be dry fired all day long and not have a problem till a round is fired.
There can also be some sort of an internal problem that didn't manifest itself until fired though all Smith's are factory tested prior to leaving the factory.
So, all that said, contact the dealer and see what up.

[Jeepergeo]

The LGS is just a middleman on this. Hopefully, the LGS has facilitated sending the revolver back to the manufacturer. And if it is Smith and Wesson, they are generally pretty fast about taking care of problems under warranty. If it is an off brand, or maybe even Colt due to Colt being recently acquired by CZ, it might take some time.

[ShaneB]

I’ve never understood why people recommend revolvers. Even if she can’t rack the slide( which there are ways to do it with limited hand strength) she has minimum of ten rounds without a mag change, why would she want a revolver with only six rounds?

[M60A1Rise]

Yeah my wife sometimes has a hard time racking some slides not all but I showed her how to just hold the slide tight and rack the grip instead , seems to work for her.

[ronlglock]

Some folks either cannot handle any CA legal pistol or they are not comfortable with one. That is when I recommend a revolver. It is what it is and the gun you have and can be accurate with is better than the alternative.

My CCW in specific situations is a 5-shot J-frame with a couple zeta6 reloaders in my support side pocket.

PS: the S&W Shield EZ is a perfect beginners pistol but off roster.

[CredibleDefense]

How do you get all the way from the gun store, to home, to the range having never functioned checked the gun? That goes for any new to you gun, revolver or semi auto. Sorry, that is just hard to fathom.

Anyhow at this point all she can likely do is wait unless she wants to go nuclear with credit card chargeback etc. But she should be dealing with S&W directly IMO. Having the FFL run interference is only going to slow the process down or worse, it will be 'fixed' by some Bubba and not the factory. S&W would have fixed it quickly and shipped it right to her doorstep had she dealt with them directly.

It's her first gun. Pickup day I wasn't with her. She's retired and was waiting to go with me to the range so I could build her confidence with it.

I think she's stuck waiting for the FFL to return it to her at this point. I'm just kind of shocked. Thought this would be an extremely rare event (a bad gun). She was kind of almost thinking she should try to get her money back and get a better revolver since now she didn't trust this one... at least not yet.

[CredibleDefense]

It not revolving should have been discovered, when she did the mandatory safe handling demonstration before being able to legally leave the CA FFL dealer with the handgun. [PC 26850]

Also, what kind of S&W revolver is it?
Is it a DA/SA revolver or a SAO revolver?
...

It's a 38 special DAO.
I wasn't with her during pickup. But sounds like they were too busy to do these and she was a newbie and just put it away until I made plans to take her to the range for basic training etc

[CredibleDefense]

It's quite conceivable that the dealer sent the gun back to S&W for repair but you won't know without asking.
Smith doesn't make any single actions so that's not the problem. Over 52 years of gunsmithing I've periodically seen revolver cylinders that fail to rotate once fired due to too close of a tolerance between the cylinder face and the forcing cone. They usually need about a .006" gap between the cylinder and Bbl. But, that can vary. .Some revolvers can be dry fired all day long and not have a problem till a round is fired.
There can also be some sort of an internal problem that didn't manifest itself until fired though all Smith's are factory tested prior to leaving the factory.
So, all that said, contact the dealer and see what up.

I think you nailed it. Just sucks to be trying to help someone get confident in their tools only to have this kind of run around occur.

[CredibleDefense]

Probably the concern of having one in the chamber unless it was DAO. I agree. She may end up with a second handgun after all is said and done