Update On Remington 700 Settlement

BY Herschel Smith
8 years, 11 months ago

CNBC:

The Montana man whose nearly 15-year search for answers about the death of his son paved the way for a nationwide class action settlement with the Remington Arms Co. says the gun maker still is not coming clean. So now, Richard Barber says he is launching a new push to “inform and educate the public” about one of the most popular firearms in the world, and his claim that the guns can fire without the trigger being pulled.

Barber’s 9-year-old son Gus was killed during a family hunting trip in 2000 when a Remington Model 700 rifle went off as the boy’s mother was unloading it. At the worst possible moment, Gus had run behind a horse trailer and into the path of the bullet. Barbara Barber has consistently maintained that her hand was nowhere near the trigger.

Richard Barber says he eventually found thousands of customer complaints and internal documents that suggest Remington had known for decades about an alleged design flaw in the gun’s firing mechanism but did nothing about it despite dozens of deaths and injuries. Allegations of the defect and a cover up—both of which Remington has steadfastly denied—were the subject of the 2010 documentary “Remington Under Fire: A CNBC Investigation.”

“The Model 700, including its trigger mechanism, has been free of any defect since it was first produced,” Remington told CNBC in 2010. “And, despite any careless reporting to the contrary, the gun’s use by millions of Americans has proven it to be a safe, trusted and reliable rifle.”

Last month, a federal judge in Missouri tentatively approved a nationwide settlement in which Remington agreed to replace the triggers on more than 7 million rifles equipped with what has become known as the Walker Fire Control—the same mechanism that was in the Barbers’ rifle. But the company still maintains the guns are safe, and has said it is settling the case to put an end to lengthy litigation. Barber says that stance is part of the reason he feels the need to speak out again.

“I wholeheartedly support the provisions in the class settlement in replacing the triggers,” Barber told CNBC in an interview Monday. As a result, he said, he will not formally object to the tentative settlement. Nonetheless, he said, “Remington’s statements (following the CNBC program in 2010) potentially constitute a fraud that not only endangered the public, but resulted in loss of life.”

Barber said he is concerned that Remington’s continued defense of the gun, as well as the company’s decision at the same time to launch a recall of a much smaller group of Model 700 rifles with a different firing mechanism, could either confuse customers or lull them into complacency.

“No deal is perfect,” he said, acknowledging that the company will likely never agree there is a problem.

“Nothing can force them to do that,” he said.

Remington is still denying any culpability, and Barber isn’t happy.  I told you so, and I told you so.  The most enlightening thing from the article is the comments.  This one is rich.

Once again if the gun wasn’t pointed horizontally this wouldn’t have happened. I can picture it completely. The mom like most women aren’t strong enough to hold the gun up or down while reloading it so she probably had it propped up on her leg with the gun pointing sideways and it went off.

And this one:

Basically comes down to the fact that the parents screwed up, they know it, and they are trying to blame someone else so they can sleep at night. I completely understand with such a tragic accident, but this is all this is about. They want to blame someone for their tragic mistake so they can feel better.

And finally, this:

Once somebody could repeat the condition of auto discharge of Model 700 that will proved the mechanism have a design flaw. But probably will be a lot of work to make it happen. Maybe a robot that will try all kind of positions for hours and hours will do it!

We’ve rehearsed the failures of the Walker fire control system before.  The reports are found here.  In this document, FSR and FOS is “fires when the safety is released,” and “fires on safe,” respectively.  The 700 does both.  There is no excuse for a single instance, ever.  EVER.  Not if the engineer is responsible and ethical and the management has moral fiber.

Is it the fault of the parents?  Yes.  Is it the fault of Remington?  Yes.  It isn’t either-or.  It is both-and.  It’s called defense in depth in firearms design and operation, and if you’re too stupid to understand this, you shouldn’t be posting comments to the internet.

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Comments

  1. On May 7, 2015 at 9:17 am, Count Duhicky said:

    Back in the mid 70’s, I was out in the woods with three friends just goofing off and target shooting. I had a Remington Mohawk 600 in .308 cal. I took aim and pulled the trigger, and there was a slight click but no fire. I raised the gun up, and noticed the safety was on. I pushed the safety switch forward with my thumb, and the gun went off. No harm, since it was pointed up, but it startled us all, and hurt my thumb. Later that year I read about an Attorney who had been shot by his young son, with the same model of rifle as mine. He lived, but was paralyzed for life. He had sued and won a settlement which included a recall of that model. There was a list of authorized repair locations to take it to. I had to drive 100 miles over to Houston to get mine fixed. While I was there to drop it off, I demonstrated the malfunction to the guy taking it in. He was extremely surprised to see that, and said it was the first one he’d seen malfunction.

  2. On May 7, 2015 at 10:12 am, Ned Weatherby said:

    Repeat the condition? The “condition” has been repeated ad nauseaum on videos, etc. I’ve seen it happen. The M 700 in question now wears a Timney trigger.

  3. On May 7, 2015 at 6:58 pm, StBernardnot said:

    Kinda’ like General Motors.

  4. On May 8, 2015 at 1:33 pm, Haywood Jablome said:

    If proof of intelligence was required to post on the Internet, comment sections would be lonely places!

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This article is filed under the category(s) Firearms,Guns and was published May 6th, 2015 by Herschel Smith.

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