The ESP Guitar Company

No, it should latch in the down position as well.  You may want to try to remove the knob and see if it will latch without the knob. The knob may be too low on the spindle to allow it to go far enough down to latch.

Aw, that's a shame. Realistically, it's an easy fix (replace the pot with a new one), but I'd hate to have to do that to a brand new guitar. If you dig how it plays and sounds (though if it's locked in single-coil mode, it might be hard to know) see if the shop will replace it as a warranty claim.

Hey there!

They looked at the guitar on the store & checked that it works. It works the way it should. It's a push/push knob.

They called the ESP importer of Finland & they confirmed that's the way it works.

I just don't hear any difference when pushing the knob. They said the mics are pretty good, so it's hard to tell. With some amps you might hear the difference.