I just finished watching a repeat of CNBC's 2010 investigation detailing problems with the Remington 700's trigger. For years, Remington has dealt with complaints that the 700, one of the most popular rifles in the world, could fire without the trigger being pulled. While Remington maintains that this problem is due to unauthorized alterations to the trigger mechanism or poor maintenance, internal documents reveal that Remington considered recalling the 700 several times. Apparently those problems were known to Remington while the gun was still in the testing stages in the 1940s. The gun's designer, Mike Walker, said that he proposed what he called a safer trigger design as early as 1948, but his design was turned down due to concerns about cost.
Whatever the reason for the misfirings, the investigation revealed one thing that is beyond dispute. Firearms are one of the few products in this country that cannot be involuntarily recalled by the government.
The U.S. Consumer Product Safety Commission has broad authority to order most manufacturers to recall products deemed to be unsafe, regardless of whether there has been a single incident or complaint. The CPSC has even demanded recalls of weapons such as air rifles and crossbows for problems that appear strikingly similar to the alleged issue with the Remington 700.
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But a federal law passed soon after the creation of the CPSC in the 1970s specifically bars the agency from setting safety standards for firearms.
“The Consumer Product Safety Commission shall make no ruling or order that restricts the manufacture or sale of firearms, fire-arms ammunition, or components of firearms ammunition,” the law says.
The Bureau of Alcohol, Tobacco and Firearms licenses gun manufacturers, but the agency has no authority to recall defective firearms, according to a spokesman.
According to Dallas attorney Jeffrey Hightower, who has tried several lawsuits against Remington related to the 700, guns hold a special place in American law. That special place is critical to gun-rights advocates, who claim that giving the government power to recall guns would amount to an infringement on the Second Amendment.
How deep does this mentality run? Back in 2000, Barbara Barber was unloading her 700 when it suddenly went off and killed her nine-year-old son Rich. Barbara maintains to this day that her hand was nowhere near the trigger. Since then, Barbara and her husband, Rich, have been searching for answers about Gus' death. Although Rich is adamant that Remington is responsible for the death of his son, he opposes any attempt to give the government the power to recall guns and set safety standards. His reason? He's afraid that if the government had that power, guns would become "so safe (that) they wouldn't work."
I don't know of any other major industry that is essentially allowed to set its own safety regulations. We would never stand for, say, the automobile industry being allowed to police itself. Why should guns be any different?