Alright guys... I am at my wits end with a situation that's going on. I'm hoping someone can help me out or tell me if I'm being unreasonable.

Anyway, in July my dad ordered a gun from Beretta from a local gunshop for me. The shop got the gun in about 4 weeks ago. My father went to pick it up and unfortunately the gun had a large rub in the blueing on the barrels. So, he refused to accept it and had them send it back to Beretta, which didn't seem like a problem at the time.

Now the gun shop is avoiding his calls and just today the manager says they have confirmation that Beretta has the gun but they have no idea when the gun will ever be shipped back and can't get any answers from Beretta or even the regional dealer.

At this point, my dad wants to cancel the order. The shop refuses saying that my dad bought the gun, end of story. But delievery has not taken place, so how can we own it?

I really don't want to say which shop, but it is very well respected.

So what do we do? There's no gun, no forseeable time which the gun will appear, they've been paid... is small claims court next?