Pictures are a little blurry so it's hrad to see any marks on it. Also it's a scan so I can't see luster. I would guess ms63.
I'm going to agree with Kanga. Way too many bag marks for it to be a Gem. I'd say MS-61, MS-62 if it shows luster.
Based upon the Rim Ding on the Reverse and scratches on the reverse and obseverve's face and fields this coin would have a hard time making GEM. Not sure from this photo but this coin looks to be AU-58 due to what looks like minor wear on the Obverses Curls at the top of the forehead, over the ear and bottom above the 7. The marks on the Face of the Obverse do not look like bag marks to me, they look like marks made while in circulation. The Eagle's Breast features on the Reverse look very lightly worn but his could be due to the photo or a weak strike. Nice coin but IMHO not a MS or GEM.
I think the Breast Features warrant at least an AU Grade but with these photos it would be hard to say where in the AU Class.
The coin has low AU details IMO, but I don't think a TPG would slab it. The light scratches and severe hits on the obv, coupled with the severe rim ding on the rev would likely cause this coin to be body-bagged.
Did he shoot this photo in black and white or what? I like to see color. It looks like a seller trying to be deceiving to me. This coin could be a dull gray, it could have mint luster or it could be cleaned and highly polished. You won't know until you receive it.
Hi ! Thanks you guys for all the comments. This coin was advertized as taken from a roll. I wrote the seller back about the mark on the edge, but I couldn't yell to loudly for the price of $ 23.50, including shipping. Are digital pictures better tahn scans ? Here is the coin again (Scan) in color. It is very brilliant on both sides.