May 16, 2021

Guns vs. Teddy Bears: Which Has More Consumer Safety Regulations in the US?

A quick check of Title 26, Section 4181 of the U.S. Code exposes that the items in concern are: “handguns, revolvers, firearms (aside from revolvers and handguns), shells, and cartridges.” Therefore, the CPSC was undoubtedly intentionally and explicitly prevented from managing the security of firearms, from the beginning..

In the United States, the Consumer Product Safety Commission (CPSC) screens and manages, on the federal level, the security of a lot of items available for purchase by the public, with some important exceptions, consisting of: food, cosmetics and medicines (the Food and Drug Administration); automobiles (National Highway Traffic Safety Administration); aircraft (Federal Aviation Administration), and so on..

In comparison with the purchase and sale of teddy bears and other relatively innocuous toys and customer items, the purchase, sale, licensing, and registration of firearms are strictly controlled in the United States. Information on those laws, regulations and requirements can be discovered here and here..

That dynamic varies significantly from robust security regulations and standards, which seek to guarantee correct style and manufacturing, and avoid death and injuries from taking place in the first place.

Federal Consumer Safety Regulations and the Firearms Loophole.

In 1976, Congress modified the legislation to place a more terms barring the CPSC from managing the security of firearms, as follows (page 30): “The Consumer Product Safety Commission will make no ruling or order that limits the manufacture or sale of guns, guns ammo, or parts of guns ammo, including black powder or gunpowder for guns.”.

State-by-State Safety Regulations and Voluntary Standards.

That act included an area which explicitly mentioned that the following classification of item is not deemed a “customer item” subject to regulation by the CPSC: “Any article which, if sold by the maker, importer or manufacturer, would go through the tax enforced by Section 4181 of Title 26 …”.

In April 2021, social networks users enthusiastically shared a tweet that made a startling claim about guns guideline in the United States. On April 19, reporter Judd Legum tweeted “REALITY: In the United States there are more consumer safety regulations on TEDDY BEARS than WEAPONS.”

The federal government does keep an eye on the safety of firearms in one, reasonably narrow regard– guns that are imported into the U.S. should certify as being for “sporting purposes,” and a few of the factors taken into account in making that determination are the existence of safety features such as crammed chamber indicators, along with grip and publication security features.

In 2013, kidss rights supporter Marian Wright Edelman likewise highlighted the regulative inconsistency, using the teddy bear as a striking example, in a Huffington Post column.

It needs to also be born in mind that even if producers are not lawfully required to ensure the safety of their products in the very first location, they are not necessarily complimentary from major consequences for such failures. Gun owners, as well as victims of defective firearms or their enjoyed ones, have effectively taken legal action against makers for harmful flaws in the style or production of their items.

What Legum appears to have been referencing was the reality that the Consumer Product Safety Commission, the federal firm that regulates consumer products (including teddy bears) and executes safety standards and recalls, does not have jurisdiction over firearms..

Far-thinking producers, even those encouraged just by informed self-interest, may take it upon themselves to enforce correct security testing of their own products, in order to prevent the potential reputational damage and monetary costs associated with class-action claims.

Because of the glaring, gun-shaped space in federal customer safety guidelines, a little number of private states have actioned in and executed their own legally-binding requirements.

Some guns and ammo manufacturers register for voluntary market security standards, and submit their products to various tests, managed by the Sporting Arms and Ammunition Manufacturers Institute. However, as the name suggests, those standards are not legally binding in the manner in which state or federal statues and guidelines are..

Legums widely-shared tweet specifically focused on customer security guidelines– that is, legally-binding requirements and requirements for the design and manufacture of products made readily available for sale to the public. A little number of individual states have actually established legally-binding safety requirements for guns, however that loose patchwork of policies does not use in most of the United States, and is in any case surpassed by the customer safety policies to which packed toys and other comparable items are subject.

By contrast, no federal agency carries out and monitors legally-binding security standards for the style and manufacture of firearms produced within the U.S. This regulatory gap was not the outcome of carelessness or lapse of memory on the part of legislators, but rather a specific exception written into the law that established the CPSC, the Consumer Product Safety Act of 1972..

By contrast, lots of otherwise safe customer products, including toys such as teddy bears, are subject to a raft of legally-binding federal policies which cover item testing, harmful compounds, using lead and lead paint, sharp things, and so on..

Thats a part of the U.S. regulative landscape that is possibly unfamiliar to the wider public, however is frequently highlighted by gun control advocates. In 2017, a pro-gun control not-for-profit called the Illinois Council Against Handgun Violence utilized it as the basis of a provocative promotion campaign called “Teddy Gun,” as shown below:.

As detailed in information by the Giffords Law Center, a gun control advocacy group, California, New York, Massachusetts, Illinois, Maryland, Minnesota, Hawaii and the District of Columbia have actually all introduced numerous testing and security requirements for firearms manufactured and/or sold in their particular states. Plainly, however, such limitations do not use in the majority of the country..

The regulative landscape explained above does not mean that no weapon sold in the United States is subject to legally-binding safety requirements, and Legums tweet did not claim as much, rather he mentioned, precisely, that “there are more customer security guidelines on teddy bears than weapons [emphasis is added]”.