First off, sometimes when a new gun comes from the factory, they could have too much dried grease on the parts and it could need cleaning. Sometimes this happens from sitting too long. I have heard Citoris are bad for that. Mine misfires ocassionally but I open and reclose it and go on. Other than that, mine works fine. I bought it (practically) new last spring. Second, if they offered you a new gun you should have taken it. What more could you ask? Just my opinion.