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Poorly designed rifles, shotguns, and handguns can fire a round even when the trigger has not been pulled. The most common unintended discharges occur when the firearm is bumped or the safety is moved. Other defective firearms can discharge even with the safety on.

monseesmayer.com - Firearm Accidents Attorney Kansas City | Springfield MO

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The Remington Model 700 bolt-action rifle was first manufactured in 1962. For most of the years of its production, it has been among the best-selling bolt-action rifles in the United States. Over 7 million rifles have been manufactured, and a high percentage of such rifles are still in use today. After World War II, Remington was searching for a new production rifle that would be a hot seller in the post-war era. Merle “Mike” Walker patented a new fire control, which was originally included in the design of a new consumer rifle: Model 721. The patent was for a unique new fire control with a floating piece, called a “trigger connector,” which would adhere to the main body of the trigger simply with a spring. Otherwise, the trigger connector floats and separates from the main trigger body with each firing of the rifle. Here is a drawing of the internal fire control of the Model 700, with various components labeled:

Trouble With The Trigger

Trouble surfaced almost immediately. Even before production commenced, Mr. Walker reported to Remington officials about a “theoretical unsafe condition.” This 1946 report quickly lead to another in 1947, clarifying that it is “Possible to fire the gun by pushing the Safety to the off position.” Over the many years since, the theoretical unsafe condition has resulted in literally thousands of customer complaints that the Model 700 (and related models) will fire under one of the following circumstances: When the rifle’s mechanical safety is shifted from the “safe” to the “fire” position (as outlined in the 1947 report noted above)

When the rifle’s bolt is manipulated to the closed position

When the rifle’s bolt is opened

When there is a jarring motion of the rifle

Other bolt-action firearms have the same problems, and the trigger at issue has become commonly known as the “Walker Fire Control” after its inventor. Although Mr. Walker has testified he never intended the fire control at issue for consumer rifles, it has nonetheless been incorporated into a host of consumer firearms, including the Models 7, 721, 722, 725, 700, 710, 715, 770, 660, 673, 600, Sportsman 78, and XP100.

Remington Recall

Since the introduction of the “Walker Fire Control,” Remington has received thousands of customer complaints and hundreds of lawsuits or personal injury claims. In every instance, Remington has dismissed the claims as erroneous, claiming a host of explanations, including that the handler must have mistakenly pulled the trigger. However, Remington did issue a recall in the late 1970s of the Models 600 and 660 following a mishap and severe personal injury in Texas. Upon further investigation, Remington concluded that a high percentage of such rifles, also equipped with a fire control very similar to that in the Model 700, would fire without a pull of the trigger. However, after a similar investigation revealed that only a small percentage of the Model 700s could experience a similar malfunction, Remington opted only to provide better education to customers about firearm safety. Hence, Remington continued to manufacture the Model 700, without modification, knowing that thousands of users were at risk.

The Replacement Trigger

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Complaints continued to flow, and at times, the company received a customer complaint of a misfire nearly every business day. In 2004, Remington introduced a replacement trigger, commonly known as “The X Mark Pro.” Most telling with regard to the new trigger was that Remington eliminated the trigger connector. Remington officials have even acknowledged in sworn testimony that the new design was in response to “the body of litigation” against Remington that focuses on the dangerous and defective condition of the trigger connector.

Remington Class Action Settlement

In 2017, the United States District Court for the Western District of Missouri approved a class action settlement that would result in the retrofit of all Model 700s in existence, as well as a high percentage of related rifles. Some older rifles are incapable of repair and would receive only slight monetary consideration. While the burden is now on the consumer to return his or her rifle for replacement with the X Mark Pro, every consumer has the right to do so, free of charge.

Voluntary Recall of X Mark Pro

During the final stages of negotiation for the retrofit of the Model 700, Remington announced a voluntary recall of the X Mark Pro. This recall, which then came under the scrutiny of attorneys representing the class action plaintiffs and the court, came about due to a manufacturing defect in assembly of X Mark Pro rifles. Upon assembly, small amounts of a glue-like substance known as “Loctite,” are added to help insure that certain screws remain in place and cannot be removed or adjusted. Unfortunately, in some Remington installations, too much Loctite was added, causing extra amounts to extrude into the fire control and essentially “gum up the works.” This too resulted in firings that were unintended and unexpected, duplicating in many respects the experience with the Walker Fire Control. While many individuals will have their rifles repaired, many others will not. Tragically, those who continue to use dangerous rifles are risking a ticking time bomb of malfunction. Not every rifle will fail, but every rifle is designed in a fashion that failure is a distinct reality.

monseesmayer.com - Firearm Accidents Attorney Kansas City | Springfield MO

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