To BB or Not to BB?
By Robert Warne - November 5, 2001As American as baseball, hotdogs and apple pie, BB guns for over a century have been accepted as part of the fabric of youth. For many lads it was a happy day when they got their first Red Ryder BB gun. Once outgrown, youngsters could then spend paper route money on a more powerful air rifle.
Daisy, a household name when it comes to BB guns is facing a complaint by the Consumer Product Safety Commission (CPSC). With a 2-1 vote the CPSC took the initial steps Oct. 30 to force a recall, holding Daisy liable for defects in 16 versions of its PowerLine Model air rifles.
Daisy has treated this so far like one of its guns—an argument cocked up with a bunch of air. But much like the CPSC’s complaint that Daisy’s guns have a defect that allows for a lodged BB to be fired unexpectedly—this case’s air may fire an unexpected blow to Daisy’s business if the CPSC is successful in its recall efforts.
Fueling the CPSC’s case is the story of John Tucker Mahoney. Sixteen-year-old Mahoney was shot in the head with a Daisy 856 PowerLine. A friend aimed the gun at Mahoney’s head after he couldn’t hear any more BBs in the chamber. The friend fired the gun releasing the unexpected BB that left Mahoney bound to a wheelchair with serious brain injuries.
The Mahoneys received a reported $18 million settlement from Daisy.
The guns in question, which have been sold since 1972 have been associated with at least 15 deaths and 171 injuries.
Mahoney attorney Shanin Specter as quoted in USA Today said, "Daisy has sought to turn this into a Second Amendment issue. But it’s just a straight-forward, good-old-fashioned product-defect issue with a product that doesn’t do what the manufacturer wants it to do."
Following the filing of the suit Ray Hobbs, the chief executive officer of Daisy said, "We are and always have been committed to the safe use of our air rifles."
Regarding the CPSC complaints Hobbs said, "All of the information that we have seen about the incidents being reviewed by the CPSC indicated that individuals using the air rifles were ignoring safety warnings at the time they fired the product.
"In order to fire the air gun one needs to pump it, pull back the bolt, push forward the bolt, aim it, and fire. One cannot fire this gun without completing all of these steps. We are not aware of any accidental firing of these models. At any time during these steps, the user can always check to see whether the air rifle is loaded."
Daisy’s argument is that the CPSC reviewed the same models in question for the last 20 years and found them to be safe without defect. It wasn’t until Daisy modified the 856 Model that the CPSC started its investigation. The CPSC believes the changes to the new 856 eliminated the problem, but doesn’t take care of the earlier models on shelves and in consumers’ homes. The change in design prompted the CPSC to reevaluate its earlier decisions and initiated the investigation leading to the push for a recall. If this goes the distance in the courts, it may be a couple of years before a final ruling is issued. | 
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