ABSTRACT
Toy guns are subject to federal product safety regulation. Real guns are not. If a defect in an air rifle causes it to discharge without warning, the manufacturer would be required to promptly notify a safety regulator (the Consumer Product Safety Commission); to recall the air rifle; and to provide a repair, replacement, or refund to consumers. Yet when such defects occur in real guns, the firearms industry has no such obligation. This unique immunity from product safety regulation allows gun defects to go unremedied for far too long. The result is tragic: needless deaths and injuries of police officers, ordinary gun owners, children, and bystanders …
Cavataro, Benjamin, Regulating Guns as Products (March 9, 2023), 92 George Washington Law Review 87 (2024).
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