“The gun industry is effectively exempt from federal consumer product safety oversight, resulting in an unparalleled lack of transparency and accountability’’ -Attorney General Maura Healey
Massachusetts Attorney General Maura Healy’s investigation of safety issues with firearms manufactured by Glock made headway when a Suffolk Superior Court judge on Friday denied Glock’s attempt to avoid complying with a demand for records by AG Maura Healey.
Since guns are not defined as consumer products, they are exempt from regulation by any federal authority governing defective products. The ATF (Bureau of Alcohol and Tobacco) has no authority to force product recalls. (http://www.bna.com/gun-defects-no-n57982069629/)
Healey’s request of the documents was made under a civil investigative demand as part of an investigation of safety concerns involving firearms manufacturers Glock and Remington. Massachusetts has laws relating to public safety, despite the fact that guns are not subject to a federal authority. Judge Edward P. Leibensperger ruled that the Supreme Judicial Court has already established in favor of the Attorney General’s authority “to prevent the deceptive or unfair sale or transfer of defective products which do not perform as warranted.”
AG Healey’s office cited incidents involving Glock pistols, including one in which a Glock handgun fired in the pocket of a Massachusetts man who was dancing at a July Fourth party.
Glock has argued that it only sells guns to police and the military not consumers, but a database of gun sales between 2014 and 2015 appeared to show that 8,000 of Clock handgun sales in Massachusetts were not to people in law enforcement.
Judge Leibensperger said Healey “has good and sufficient grounds” to ask Glock to hand over the records based on safety and other concerns.
The attorneys at Parker Scheer have significant experience in product liability cases. If you or a loved one has been injured by a defective product please contact us today for a free consultation.
For more on this story, please click on the link to read the Boston Globe article.