Firearm With Alleged Safety Pin Issue Misfires Injuring Woman

Case Overview

This case involves a plaintiff who was a severely injured after her firearm malfunctioned. The plaintiff had purchased an automatic pistol for personal use. When she first took it to a firing range to use, the gun was not firing properly. She took the gun back to the defendant (whom she had purchased the weapon from) to have it examined and fixed. The employee at the counter took the firearm to the back for about 15 minutes and claimed he fixed it. The plaintiff then took the pistol out to the range and upon firing the first round, the gun misfired and went on full auto causing the plaintiff to shoot herself in the hand. It was alleged that there was a safety pin issue with the weapon. An expert was sought to perform an in-person inspection and opine on whether or not the pistol was returned to the plaintiff in an unsafe way.

Questions to the Firearms expert and their responses

Please describe your familiarity with firearm design as it relates to accidental discharge.

I am a third generation gunsmith and have been analyzing firearms for 15+ years now. As a gunsmith, I have helped customers fix problems with their guns and I have experience identifying safety issues.

Based on an inspection of the firearm, will you be able to determine if the pistol was returned to the plaintiff in an unsafe way?

I will be able to determine if the pistol was returned to the plaintiff in an unsafe way.

About the expert

This expert has over 10 years of experience as an authority on firearm law. He currently provides his expertise to a variety of clients in need of accurate assessment of firearm analysis, and bullet trajectory. His primary areas of expertise are standard firearms, machine guns, silencers, ammunition testing, shooting scene reconstruction, crime scene reconstruction, and other weaponry (i.e. spears, knives, explosives, etc.). He is a licensed attorney in the State of Michigan, and teaches a course at a major law school on firearm law, and has extensive experience reviewing evidence and speaking to the impact of firearms on the outcome of cases. He is former Federal Agent with the U.S. Border Patrol and a former Police Officer with the Department of Defense.