Remington Fires Back at Records Demand

BOSTON (CN) — Gunmaker Remington has asked a judge to halt what it characterized as an unreasonable and unconstitutional demand by the Massachusetts attorney general for its customer information.

Remington Arms Co. filed the petition for injunctive relief on Aug. 29 in Suffolk County Superior Court, saying Attorney General Maura Healey's civil investigation demand is "excessively burdensome" and tramples the Fourth Amendment rights of the company and its customers.

"The AG's demand that Remington produce each of the Product Service files without redacting customer identifying information violates the privacy rights of its customers, chills lawful conduct in exercise of the Second Amendment, and substantially interferes with Remington's business and customer good will," the petition states.

Remington's demand comes on the heels of a March 9 civil investigation demand by Healey, seeking a copy of each product service file Remington has for every one of its customers.

Cyndi Roy Gonzalez, a spokeswoman for the Attorney General's Office, said the demand is part of an investigation into how often Remington's guns had potentially dangerous defects.

"There are scores of public reports about defects involving firearms, including accidental firing, misfiring, overheating problems and low 'trigger pull' leading to horrific stories of accidental shootings by children," Roy Gonzalez said in an email.

Lack of product-safety oversight in the gun industry makes demands like these critical, the spokeswoman added.

"Many years ago, the gun industry managed to exempt itself from federal consumer product safety oversight, resulting in no public access to consumer complaints about the guns they manufacture," Roy Gonzalez said. "This lack of transparency is unlike nearly every other consumer product sold in this country. As the chief law enforcement office in Massachusetts, we are seeking that information to better inform our residents and to protect them from any safety or manufacturing issues with guns sold here. It's unfortunate that these gun manufacturers have taken our office to court rather than comply with a simple request for consumer complaints and related information."

Remington's petition casts Healey's request as unreasonably broad, considering that only 0.7 percent of the product information reports that she seeks pertain to Massachusetts residents.

The gunmaker also contends that Healey has failed to justify her need for customer records outside of the state — though state law requires hat showing to make such a demand.

Remington is represented by Peter Durney and Christopher Hurst of Cornell & Gollub.

The Boston Globe reported that Glock Inc. filed a similar lawsuit.

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