Poking The Dragon

BY Herschel Smith
8 years, 4 months ago

The Remington dragon, that is.  Jack Belk, whom I have discussed before, sends this note concerning his most recent interactions with Remington.

Remington served a subpoena on me Tuesday night that demands I show up for a video taped deposition in Twin Falls on Oct 21st.  My Supplemental Report tuned them up really bad and now they’re striking back in a big way.  The Dragon is fully awake now.  I’ve attached all my filings to the Court.

I bought six triggers so I’d have foundation parts to design and build a new trigger on plentifully available parts.   Of the six triggers, one  was found  defective and dangerous in a heretofore unknown way and the another is suspect. I saved those and tore  the other four apart for the pieces and have made two new triggers that I’m not ready to show anybody.

My lawyer friend-advisor in Wis. says  BS!! the subpoena  is harassment, a fishing expedition for Remington and unnecessary and un-needed and un-called for and is meant to intimidate a simple member of the ‘class’.

My position is this— I found a fault with the Walker in 1969 and told Remington about it then.  They did nothing.   Am I supposed to ignore a recently mass produced trigger that doesn’t work now?   No way.  I made damn sure they knew about it and can’t hide it.  Of course I’m willing to let them see the two triggers that I found fault with anytime they like.  Write me a nice letter and send me a plane ticket and I’ll be right there…..with a lawyer, but when they push me in a corner I have no choice but to fight back out of it.

The subpoena is a REAL problem.   The ‘plaintiff’s attorneys’ are charged with representing the entire class of people victimized by having a Walker trigger.  That includes me.   I’ve approached the Court as a member of the class, not as a lawyer, engineer, expert or hired gun for anybody.  I was also the expert for the plaintiffs that refused to tell a lie on their behalf so they fired me.   The lawyers that should be present as my legal advisors in the deposition are the same ones that fired me.  That would leave me to have to hire a lawyer to be my ‘second’ in the sword fight that would be that deposition.  That is burdensome to one just pointing out a mistake and the judge is not likely to be happy about it.  I think Remington has over-stepped enough the judge has no reason not to knock them down big-time.  I’ve taken on the mantle of ‘whistle-blower’ to the Court….I hope.

In the mean time, I found a stash of Remington triggers and bought 37 of them last night.  There’s another 500 or so for sale and I’m likely to buy them all but I think I have the one that will finally show that Remington has more trouble than what they have been caught at.

Background— Last April 14th everybody in the gun world was blindsided by a voluntary RECALL (unheard of!!) of the new X-Mark Pro trigger.    The problem was said to be excess sealant that could cause the gun to fire at a certain low temperature when the safe was pushed to OFF.  It was hard to deny,  a guy posted a youtube video of his rifle doing it several times.  It made waves in the gun world and was widely publicized, but the word on the ‘internet street’ is that rifles sent to New York months ago are still there and hunting season is coming.  Most that know of the ‘recall’ just have an aftermarket trigger installed.  Thats where I get the ones I find.

THIS CLASS ACTION CASE is totally different and covers 7.83 million Walker triggers, not 380,000 XPM triggers of the recall,  but people that hear of the class action suit assume it’s the same one.   Remington has told the judge they have heard of no opposition to the deal so that means its a good one.   Then I showed up and Pennington came in late with good legal arguments that supports my position.   Now, the  Remington team is on the defensive and so are the plaintiffs.  The two objections threaten a $12 million payday for one and the relief (and total confusion) of over seven million bad triggers for Remington and Dupont.

The  “F Trigger” exhibits a fault at room temperature and has nothing to do with the safety and it’s also made out of a different material.  How many of those were made?  Nobody has said anything about such a model of XMP, who specified that material?  Was it tested? Where are the findings, they’re under court order to be produced?  If it works so well, why not use that material now? (too expensive? By how much?)  When was this trigger made?  How many of them were bought?  Where are the rest of them?  Do they work or are they as broken as this one?

It’s strange to think a trigger I paid $25 for will be responsible for many millions of dollars changing hands….and I have no way of grabbing any of it except to rent it out to lawyers!   ….UPDATE—those triggers!!.  I’ve been going through the sack full of ‘new’ triggers and have found two more defective ones.   This explains why Remington refused to let me see their returns.   I think this case is about to be blown wide open.  Remington has been keeping a LOT of secrets since 2006 and it’s catching up with them in a big way in the largest Court they’re subject to.

I got a call from my lawyer on vacation.  I told him I used his money to buy these triggers so how much did he want to defend what I found?  He’s hiring a lawyer to write a motion to bar the deposition.  He  (name witheld)  has  my back and he’s a good guy that I can trust.  He’s just catching up to speed on ‘The Remington mess’ and is in awe of the misbehavior over the years.   He has downloaded the entire case file for this class action because it has so much background information in it (300,000 pages).

I think the Dragon is not feeling well, but he’s still dangerous.

There is no safe direction to point an unsafe gun.

I’ll have more to say about this later, and I also have court documents (in PDF) I simply don’t have time to attach now.  This isn’t over yet.

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Comments

  1. On October 12, 2015 at 10:22 pm, USMC69 said:

    “….but the word on the ‘internet street’ is that rifles sent to New York months ago are still there and hunting season is coming..”
    This was not my experience where the rifle was sent in and back in under 2 weeks.

  2. On October 14, 2015 at 1:21 am, McThag said:

    I wonder if he realizes that if he’s party to this settlement he’s going to have to shut up about these triggers for all time.

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This article is filed under the category(s) Firearms,Guns and was published October 11th, 2015 by Herschel Smith.

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