Father Pushes Attorney to Press Charges Against Remington - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Father Pushes Attorney to Press Charges Against Remington

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MANHATTAN -

A Manhattan father is trying to pursue a lawsuit against Remington Arms 13 years after a weapon misfired killing his son. Now he's pressuring Montana's U.S. Attorney to file charges.

"Had I had this information available to me, I could of done something to effect the outcome of that day," said Richard Barber.

He said one of the most popular weapons in America has a serious flaw that can cause it to misfire. It's something he has personal experience with. In 2000, his wife released the safety lock on their 700-bolt-action rifle manufactured by Remington Arms Company as she prepared to load the gun. The gun fired, killing his 9-year-old son.

Now, Barber is trying to push the U.S. Department of Justice to prosecute Remington for criminal fraud, saying Remington knew about the malfunction in his case and others.

"Now that I believe I found the truth for the first time in 13 years, I have way more answers than I have questions and I feel a moral obligation to educate and inform others to prevent them from being similar tragedies," Barber said.

He has gone through thousands of documents trying to prove that Remington knew the rifle safety lock was defective.

He has discovered that there were many sealed documents pertaining to a lawsuit out of Butte in 1991, where a 14-year-old boy was shot through both legs when a Remington 700 fired after he released the safety lock. The documents were unsealed last year and Barber said the company knew about the rifle's malfunction early on.

In one of the documents Barber uncovered, a report dating back to 1947 from a test engineer hired by Remington states it is "possible to fire the gun by pushing the safety to the 'off' position."

"Virtually everything Remington told the public was a lie," Barber said. "They did that to intentionally deceive the public surrounding the safe utility of their bolt action rifle products."

ABC FOX MONTANA was not able to get in contact with Remington. But, in a statement they released to CNBC in 2010, they said the Remington 700 "has been free of any defect since it was first produced."

The U.S. Attorney's Office in Billings said it does not comment on ongoing investigations. Barber said he will continue to pursue legal action because he wants to ensure that everyone who uses Remington rifles is safe.

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