Pre-hearing conference set on daisy gun matter

CPSC Monitor, March, 2003

The final pre-hearing conference will be held in CPSC's complaint against Daisy Manufacturing Company, on April 21.

CPSC plans to conduct the conference by telephone. Members of the public can listen to the conference (except for portions that require the public be excused.) (20)

The Daisy case involves CPSC's complaint, filed Oct.30, 2001, demanding the recall of 7.5 million airguns made by Daisy Manufacturing. The guns have been marketed since 1972.

The case was brought by departing CPSC Chairman Ann Brown in the waning days of her tenure. The Commission had voted 2-1, with Commissioner Mary Gall dissenting, to issue the complaint. CPSC alleged that two models of Daisy airguns are defective because BBs can become lodged in the magazine of the airguns, and that though the gun appears empty, it can be fired.

The Daisy case was triggered by an incident involving a young man who was injured when a friend pointed such a gun at him in the belief that it was unloaded.

CPSC also contended that the gun should have an automatic safety system. The guns currently have a manual safety system.

A story in The Washington Post at the time noted that CPSC's action against airguns was bound to be "contentious" since "the industry fears it could lead to a recall of all its BB guns, numbering more than 100 million." (21)

(20) For further information, contact Rockelle Hammond, Office of the Secretary, CPSC (301) 504-6833.

(21) "Safety Agency Chief Going Out With Gusto," by Caroline Mayer, The Washington Post, Oct. 30, 2001.