November 14, 2003
The U.S. Consumer Product Safety Commission has decided to drop its demand that Daisy Manufacturing Co. recall 7.5 million BB guns. Instead, Daisy will be required to include more and bigger safety warnings and launch a $1.5 million education campaign.
The commission and Daisy have been wrangling about the recall demand for years. The CPSC had earlier found that some high-powered Daisy guns were defective because BBs could lodge in the magazine so that the rifle could be fired even though it appeared to be empty.
The issue arose in 1999 when the family of Tucker Mahoney filed suit after a friend accidentally shot the youth in the head with a Daisy BB rifle. Mahoney was in a vegetative state until last month, when he died. Daisy settled the suit in 2001 for $18 million.
In arguing against the recall, Daisy contended that its financial health was precarious and said the cost of recalling 7.5 million guns could put it out of business.
The two Republican members of the commission, Harold Stratton and Mary Sheila Galt. Democrat Thomas Moore filed a blistering dissent.
"The bottom line is that we are not the Business Protection Agency," he said. Moore questioned the effectiveness of the education program, which he said differed little from similar programs that have been conducted in the past.
The commission doesn't normally deal with safety issues involves firearms, which aren't included in its jurisdiction. Pellet guns, however, are not considered firearms because the pellet is propelled by air instead of gunpowder.
