Brand New Bodyguard 38 Defective

[akmatov]

I just purchased my very first Smith & Wesson firearm and was kind of excited to finally own a revelver from such a classic American company . I was looking for something small enough to actually carry concealed (I live in Arizona), but with enough of a bite to be useful. The Bodyguard 38 firing +P hollow points seemed like a good choice as the muzzle energy is about the same as that of the 9mm I used to carry in the Army and the bullets don't have to be FMJ. This was not intended to be pretty gun, but something to live in my side pack and provide that sense of options if I should find myself in an ugly situation.

So I bought some ammo and went off to the range today. Firing from a sandbag rest (I was checking on the inherent accuracy of the gun) at seven yards I placed four rounds in a 1.5 inch area with two rounds overlapping - not bad for a double action revolver with a terrible trigger I thought. Then I tried to fire the fifth round - nope, no bang. The thing was locked solid. The trigger didn't depress and the cylinder was locked solidly in place, I couldn't even open the cylinder to unload it. I now have a concealable piece of steel (and aluminum and plastic) with a handle - not quite what I had in mind when I paid $449 for it.

As a shooter before, during and after my time in the Army I have only once had a gun refuse to function and that was due to an idiot loading sand along with the cartridges into a magazine on the range. I now have ZERO confidence in this thing. Undoubable someone will be able to restore this thing to a state resembling functionality, perhaps only until the next problem surfaces. But if a brand new weapon can not successfully fire five rounds straight out of the factory, something serious is wrong somewhere and I would be crazy to use it for the purpose for which I purchased it - defending my life down here in Southern Arizona where parts of the state have signs posted warning citizens to not enter as the area is too dangerous due to illegals and drug gangs. What was I thinking!?

Having ranted a bit, I have two questions.
1) Is the dealer under any obligation to return my money and accept this poorly designed and/or poorly constructed thing back?
2) Is Smith & Wesson under any obligation to return my money and accept this poorly designed and/or poorly constructed thing back?

Even if they 'fix' it, I have no, nada, zero confidence in using this to protect myself or others from deadly threat.

I apologize for my first post being so negitive, but I would really appreciate some advise.

[Injunbro]

Welcome. This is a pretty friendly & helpful bunch here. Is the dealer or S&W under any obligation to return your money? Legally, no. However, most reputable dealers would just to keep you coming back for more guns & ammo. S&W will replace or repair it free (they decide which). Are you sure it's not a bullet stuck between the cylinder & barrel from a primer that went off but didn't ignite the powder? If that's the case it's ammo failure instead of gun failure. If it is it could be tapped back into the cylinder w/ a wooden dowel & light hammer then ejected normally. If it's truly the guns fault I'd look @ something else for self defense also.

[gearchecker]

Most gun sales are final. I don't know of any dealers in my area that'll take back any gun after it's been fired, including Wal-Mart.
You may have some leverage with customer service at S&W. I've never tried to return a gun to them, but they're in the business of good customer service. Gently lean on them and see where you can end up. I guarantee they'll try to do the repair thing first. Explain your position of trust on this particular handgun, and stick to your guns (No pun intended)
If it were mine, I'd push for a replacement. Customer Service certainly has the power to do that for you.
I've only read a couple other threads about a bad Bodyguard 38. One of them was that the shooter was pushing the limit with his hand loads and over powered the pistol.
The second was a defect in the frame/barrel alignment. S&W replaced his pistol. I do remember that he had to send it to them though.

I truly wish you the best in your endeavor.

Gearchecker

[EXNJCOP56]

Akmatov..........Above post's from Injunbro & GC are correct. I would call S&W and push them not to repair but replace...Your story is sad and reminds me of my first Wife. I purchased and didn't work after trying 2 times...No Refund...............

[akmatov]

Injunbro - The idea of a defective round was one I hadn't had (my Ruger Old Army has never had such a problem). But I checked and you can see light between the front of the cylinder and the back end of the barrel so no bullet part way between cylinder barrel. Darn, I was hoping for something easy.

[akmatov]

Hey, EXNJCOPS, while I didn't get a refund the return of the ex-wife was better than any refund could ever be.

[DocZeus]

Akmatov, can you take pictures of the Bodyguard? Different angles, so maybe we could possibly see what the issue is? When I buy ANY "new" gun, I go through a "break-in" period with standard-velocity ammunition, just to get the weapon to "wear-in" a little, and knock-off any possible "high-points" left over from the manufacturing process. Extremely-light revolvers have exhibited what is known as "crimp-jump" with lighter, hotly-loaded projectiles, and could possibly be what has happened to yours. I'd also take it to your local dealer, and see what he can do for you, if that's the case.

If that doesn't resolve it, like the others have said, call S&W Customer Service, and get the ball rolling on it.

DocZeus
AKA
David

[Injunbro]

Injunbro - The idea of a defective round was one I hadn't had ... Darn, I was hoping for something easy.

Me too. Rats! Looks like your gun needs a trip back to the factory. Like the others said I'd try real hard for a replacement instead of repair just for the confidence factor.

[akmatov]

"Most gun sales are final."

Last time I ever wanted to take a gun back was years ago in Georga with a little gun store a guy operated out of what had been his garage. And then he gave me almost a full refund toward a better gun - a sweet little Ruger .375 Security Six that my now ex-wife latched on to as her baby. Of course, that was the gun she just about took me out with once when I came home a week early from TDY and intended to surprise her. Oh yeah, she was surprise . . . and armed. Fortunately as a Southern Country Girl she actually knew what she was doing with a gun and didn't shoot me - just really really got my attention as I came through the front door after dark.

Anyway, given the current legal and 'political' climate, I would think when a gun is clearly defective the store and/or the company would be eager to refund the customer. The product was offered as functional and safe, when it turns out not to be, then that is not what the customer paid for but something else, therefore the customer was sold something other than he had every reason to expect - or so it seems to me. With the crazies just looking for a way to disarm citizens and destroy gun companies, not behaving responsibly is suicidal behavior for them. Does Smith & Wesson and 2nd Amendment Sports really see a benefit in a cheated customer writing to the state Attorney General, the local papers and the Better Business Beauru? As a retired solder and member of the NRA and American Legion, I am NOT a member of the anti-gun loonies (political commentary repressed); but neither am I one who can affort to exchange $500 for a defective, non-functional and dangerous (to my safety if nothing else) product. I wonder what they are thinking.

[Forester]

Is this an internal lock failure? Have you tried using the key to lock/unlock the IL?