This is a brand new ESP AXXION Dave Mustaine from Megadeath guitar. The real deal made in Japan Custom Shop. 

This is what ESP refers to as "Artist" stock as can be seen on the sticker. It is still new and unsold but is kept at the warehouse for a just in case moment. Think about it, just in case Dave is in town and they want to hook up for a photoshoot, just in case there is a clinic at a local guitar store, just in case...

This is probably a circa 2005 model. Here are the specs taken from the 2005 ESP Guitars archive:

FEATURES: neck-thru-body construction; 25.5” scale; mahogany body; 3-piece mahogany neck; ebony fingerboard; custom “XX” inlays; Seymour Duncan JB/Jazz pickups; 2 volume & 1 tone control with 3-way toggle; black hardware; Sperzel Locking tuners; Dunlop Flushmount Straploks; TonePros locking bridge w/string-thru-body; 24 jumbo frets

This guitar does not come with a case. It has some very minor scratches that cant be seen in the photos (that is how minor they are) The guitar was set up the first week of December by the techs at the ESP office in N Hollywood.