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Handgun testing law misfires State finding many cheap models pass, continue beingsold
Josey1
Member Posts: 9,598 ✭✭
Handgun testing law misfiresState finding many cheap models pass, continue being soldBy James P. Sweeney COPLEY NEWS SERVICE September 3, 2001 SACRAMENTO -- A tough new handgun safety test designed to pinch the supply of cheap, disposable Saturday night specials doesn't appear to be pushing many guns to the sidelines.Through its first eight months, nearly 600 handgun models have passed the punishing firing and drop tests, according to a list compiled by the state Department of Justice.The total includes an unknown but significant number of models that are only cosmetically different from each other -- a chrome rather than blue-steel finish, for example. But it also includes at least 12 guns manufactured by so-called Ring of Fire companies, a cluster of Southern California manufacturers who have been accused of flooding the nation with inexpensive handguns.The legislation that required the safety tests originally was aimed at the Ring of Fire, firms such as Bryco Arms of Costa Mesa, Davis Industries of Chino and Phoenix Arms of Ontario."They tried to make the test so tough that those guns wouldn't survive, but it obviously hasn't worked," said Bruce Cavanaugh of San Diego, a former president of the California Firearms Dealers Association.It's unknown how many guns have failed the tests. Private laboratories that do the testing are not required to report failures to the state, although most apparently do. Manufacturers also can, and do, resubmit weapons that wash out initially.Attorney General Bill Lockyer publicly accused at least one manufacturer of attempting to manipulate the tests, and others are known to be carefully selecting ammunition to improve their guns' prospects.Gun enthusiasts, dealers and manufacturers say the new law has done little more than create another expensive, annoying paper drill that has had almost no impact on the availability of cheap handguns in the state.As a result, just two years after the handgun measure was celebrated as another major gun-control breakthrough in California, all involved in the debate are discussing a major overhaul."We are very concerned about some of the guns that are on the (approved) list and some of the loopholes that we overlooked," said Luis Tolley of the Brady Campaign to Prevent Gun Violence, which sponsored the legislation.Said Chuck Michel, a San Pedro attorney for the California Rifle and Pistol Association, "There is a fix-it bill pending because they recognize there are a lot of problems."But Tolley and others say the number of guns on the list also reflects design improvements inspired by the law.The Brady Campaign, formerly Handgun Control, had been pushing for at least three years for legislation to curb production and sales of inexpensive, easily concealed handguns.Such a law proved difficult to draft, and the gun-control movement ultimately settled for Senate Bill 15, which passed amid the post-Columbine fever of 1999. The measure decreed a series of safety tests, although supporters offered little evidence that many people were being killed or injured because handguns were poorly made.To pass, three versions of each model must fire 600 rounds with no more than six malfunctions. Each gun is then dropped a little over 3 feet onto a concrete pad from six directions with the hammer cocked and the safety off. All three must withstand the exercise without discharging.Although the legislation was signed in late 1999, it did not take effect until Jan. 1 of this year. Since then, the test results have not followed any pattern, those involved say."I've seen what people think is a cheaply made handgun, just because it's low-cost, and it worked quite well. And I've seen a very expensive gun that most police would be happy to carry that failed," said Mike Shanahan, who does gun testing for Truesdail Laboratories of Tustin.Dean Wilkerson, who operates a testing lab in Van Nuys, said "it's the luck of the draw" with a lot of handguns."I have failed some high-quality guns," Wilkerson said. "You've got to shoot three handguns, 600 rounds each, and two of them passed with no malfunctions at all, and the third one failed because it has seven malfunctions."Wilkerson said he has tested a lot of Ring of Fire models. While some failed, more than a few passed, he said."They passed with no problem, and there are higher quality guns that didn't pass," Wilkerson said.Aaron Davis of Davis Industries said the company had no trouble getting its 12 models, representing four guns, passed and placed on the state list.The guns, derringers ranging from .22 caliber to .38 caliber, passed on the first attempt, Davis said. The guns sell for $100 to $125. The .38-caliber model was redesigned to strengthen the trigger before the tests."I don't personally like (the tests), but we will try to do whatever they want us to do," Davis said.In February, Attorney General Lockyer publicly berated Phoenix Arms for allegedly attempting to maneuver some of its guns through the process by halting a test and restarting it with a new set of weapons, and by submitting a specific brand of ammunition. The handgun in question, however, later passed. Company officials declined to comment."We have seen some models where they are trying with this ammo and then they switch," said Randy Rossi, who heads the attorney general's firearms division. "They stop the test and try with another ammo, and then they stop the test and they try with a third ammo."We want to know of those situations where a gun is maybe so frail that even the manufacturer has to be very selective as to what ammunition will work well."In early talks on potential changes, the Brady Campaign and the Attorney General's Office say they want to require labs to report all failures. They also say the state should have clear authority to randomly test a sample, perhaps 10 percent to 15 percent, of handguns that pass.Additionally, the Brady Campaign wants to allow recalling firearms later found to have problems, and it would like to see weapons tested with a standard, or recommended, ammunition."I don't really think we know, unless we have the ability to randomly test and receive reports from the laboratories, of instances where a specific model has tried and failed, tried and failed, tried and failed, tried and passed," Rossi said."But this is a very tricky balancing act because we do not want to discourage manufacturers from submitting their firearms, improving their firearms and then having the public benefit from those improvements."Dealers and gun-rights groups such as the National Rifle Association want dealers to be able to resell used guns that are not on the approved list. Such guns can be sold by private parties if dealers process the transactions.The attorney general has told dealers they can conduct consignment sales of unlisted guns, although the law is unclear on the subject.Used handguns historically have accounted for a significant slice of dealers' sales and their profit margin is much higher than that for new guns."They managed to create a monster," said Louis Baldridge, owner of the El Cajon Gun Exchange. "It has not accomplished what they hoped to accomplish, unless they wanted to make life more difficult for dealers."Copyright 2001 Union-Tribune Publishing Co. http://www.uniontrib.com/news/uniontrib/mon/news/news_1n3safeguns.html
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