The Endgame

Any Settlement of Firearms Litigation Must Address Three Specific Areas of Gun Industry Conduct and Include a Strict Enforcement Mechanism

I. The Products the Gun Industry Produces

Example: Higher-Caliber, Higher-Capacity, Ultra-Concealable Semiautomatic Pistols

America's gun problem is primarily a handgun problem. Handguns exact an inordinate toll on American lives. The vast majority of gun death and injury�in homicides, suicides, and unintentional shootings�is carried out with easily concealable pistols and revolvers. Over the last three decades the gun industry has worked to enhance the lethality of handguns. The handgun market experienced a dramatic shift in 1987 when semiautomatic pistols overtook revolvers as the most popular type of handgun. This had the effect of increasing the capacity of the average handgun from six rounds to 15 rounds.¹ In addition, manufacturers are increasing the concealability of pistols. The average caliber of handgun also increased. Now the industry is combining concealability with increased caliber in a new breed of handgun: the "pocket rocket."

"Glock's New Pocket Rockets!," Guns & Ammo, January 1996

Example: 50 Caliber Sniper Rifles

The latest, and perhaps most lethal, innovation of the gun industry is the introduction of high-caliber sniper rifles onto the civilian market. Originally designed for military use, the weapon was deployed in the 1991 Persian Gulf War to destroy Iraqi light armored vehicles, missiles, and artillery at very long range. Despite the fact these weapons are ideal tools for terrorists and assassins, they are now freely available in gun shops across America and are subject only to the restrictions that currently apply to bolt-action hunting rifles. One must be 18 years old and not be prohibited from possessing firearms based on a criminal record or history of mental instability.

Example: Lethality Enhancing Accessories

Manufacturers should design their products in ways that discourage or prevent the attachment of lethality enhancing accessories such as laser sights, trigger activators, and silencers. Some manufacturers sell, or have sold, models equipped with laser sights or threaded barrels for the easy attachment of silencers.

B. Stop the Manufacture and Sale of Banned Products

Example: Assault Weapons

Although assault weapons were banned from production in 1994, the gun industry continues to produce and sell these products. The industry has made slight changes in the design of such notorious assault weapons as the TEC-9 (now the AB-10) and the Colt AR-15 (now the Colt Match Target or Bushmaster XM15 Series) and continues to make and sell these weapons. In addition, a flood of imported "sporterized" assault weapons continues to add to America's arsenal of military style firearms.

Example: High-Capacity Ammunition Magazines

Like assault weapons, the production of high-capacity ammunition feeding devices capable of holding more than 10 rounds was banned in 1994. However, prior to the ban taking effect, manufacturers stockpiled hundreds of thousands of high-capacity magazines. In addition to these domestic "grandfathered" high-capacity magazines, the importation of pre-ban high-capacity magazines from around the world continues. In addition, some manufacturers such as Taurus and Intratec continue to manufacture high-capacity pistols equipped with 15- or even 32-round "pre-ban" magazines.

Advertisement, American Firearms Industry, January 1997

C. Be Accountable for Product Defects

Example: Firearms with Known Safety Defects

There are many examples of firearms in the hands of consumers that contain design or manufacturing defects which cause serious death and injury. Sturm, Ruger & Company's Old Model single action revolver² has been associated with more than 600 deaths and serious injuries caused by accidental discharges.³ Despite Ruger's knowledge of the defect in the design of the Old Model, the company still refuses to issue a recall of the guns. The Ruger Old Model is only one example of many firearms now in the hands of consumers that contain serious safety-related defects. The industry must agree to recall products with safety-related defects and develop systems to identify and quickly remedy future safety-related problems.

These are just a few examples of conduct related to product design and manufacture that adds to America's severe gun violence problem. Changing these product-related practices should be the first priority of any settlement.

1) Magazine capacity was limited by statute in 1994 to 10 rounds. Please see high-capacity ammunition magazine section on how such magazines remain commonly available.

2) "Wild West Legacy: Ruger Gun Often Fires if Dropped, But Firm Sees No Need for Recall," Wall Street Journal, (June 24, 1993).

3) The frailties of the design of the Old Model are acknowledged even in the gun press. In a review of Ruger's new "Vaquero" revolver in the October 1993 edition of Handguns, the Vaquero's firing mechanism was described as being identical to that currently used in Ruger's updated "Blackhawk" (as the Old Model single action is commonly known) which incorporates a transfer bar safety device. The article explained, "With the original...Blackhawks made before 1973, the firing pin can come into contact with the cartridge primer if the hammer receives a sharp blow. Should this revolver accidentally be dropped, there is a strong possibility that it will land on its hammer, causing the gun to discharge."

4) In 1979, the Supreme Court of Alaska upheld an award of punitive damages in a case in which a .41 Old Model single action revolver that the plaintiff was loading slipped out of his hands. When he tried to catch the gun it fired, causing serious injury to his leg. The court's opinion stated that "[the] manufacturer knew that its product was defectively designed and that injuries and deaths had resulted from the design defect, but continued to market the product in reckless disregard of the public's safety...." Sturm, Ruger & Co., Inc. v. Day, 594 P. 2d 38, 47 (1979).

Go to II. Gun Industry Distribution Methods

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