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Recall Stupid Parents!

From: "Ross, Ken" <KPRoss@newsamerica.com>
Date: Wed, 31 Oct 2001 10:14:33 -0500
To: info@cpsc.gov
Cc: info@daisy.com, letters@keepandbeararms.com
Subject: Air Rifle 'Defect'

To whom it may concern,

I am appalled at the knee-jerk reaction the CPSC is trying to create in the public to advance an obviously anti-constitutional agenda.

First of all:

Highlights from CPSC Commissioner Gall's Stance Against the CPSC Lawsuit Against Daisy Include:

I. PROCEDURAL IRREGULARITIES

A. The confidential draft Complaint was furnished to reporters yesterday, before vote took place today.
B. Complaint filed immediately after vote today instead of giving Daisy the customary short time to settle prior to filing the Complaint. Timetable driven by today's 2:00 PM press conference.
C. No expert reports or detailed financial information about the company were provided to Commission.

II. MANY ALLEGED DEFECTS ARE GENERIC TO AIR GUNS

A. Gravity feed mechanisms
B. Automatically resetting safeties.
C. Warnings provided to purchasers in labels and operating manuals.

These issues should be addressed through voluntary standards, or regulation, not compliance action directed at one company.

III. LODGING PROBLEM MAY BE UNIQUE TO DAISY BUT IS NOT A SUBSTANTIAL PRODUCT HAZARD.

A. Commission's compliance staff conducted six separate investigations of Daisy BB guns between l981 and l999. Commission considered petitions five times between 1975 and 1989 and a special staff project and report on air gun safety was completed in 1997.
B. Experience in use reveals 3 deaths and 47 serious injuries over 30 years and nearly 7.5 million examples. (Contrast 250 deaths per year associated with the use of bicycles by children.)
C. Commission staff unable to replicate phenomenon despite repeated attempts to do so. Commission has repeatedly looked at air guns in general and Daisy BB guns in particular and has not found a defect."

Secondly, although this is not a chemically driven firearm such as a hunting rifle, this IS a rifle and has a great deal of responsibility behind it. The Daisy company understands this and tells you so in the safety manual: http://www.daisy.com/safetytips.html


Thirdly: "But according to CPSC Commissioner Mary Sheila Gall, the Commission staff was unable to replicate phenomenon despite repeated attempts to do so.'" (pulled from www.keepandbeararms.com)

How could there be a defect if there is no proof of it being repeatable on a consistent basis? How many household accidents occur each year with ordinary kitchen knives? Has anyone done a recall on knives? No, because the dangers of using them are understood. The SAME dangers should be understood by those using a rifle. If a parent is not smart enough to teach their kids responsibility, then so be it. It should not be the government's problem that there are stupid people out there. It is not the Government's job to make the world risk free for these stupid people. The 'lowest common denominator' mentality of how to regulate things to the people is only destroying the rest of the country's ability to have any fun around here anymore. Maybe a recall on stupid parents is in order? From what I've read, there seem to be one hell of a lot of defective ones out there....

Ken Ross
Programmer/Analyst


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