Daisy, of Rogers, Ark., has refused to recall the weapons, which have been on sale since September 1972.
The CPSC said there have been at least 15 deaths and 171 serious injuries – 80 percent of them children under 16 – associated with the airguns. The CPSC alleges defects in Daisy's manufacturing.
The CPSC began investigating the BB guns in May 2000 after hearing Daisy had made changes to the model 856 Powerline Airgun in 1999 to eliminate the possible places where a BB could get stuck.
Tuesday's lawsuit contends the guns are defective because BBs can become lodged in the magazine of the airguns, even though the airgun can appear empty. That, the suit says, can lead to children playing with the weapons, believing them safe. The stuck BB can then become dislodged, causing death or serious injury if fired in the direction of another person.
Despite the 1999 modifications, the CPSC contends Daisy models 856 and 880 are still defective because they fail to incorporate an automatic safety system. The airguns have a manual safety button.
Daisy lawyer Jeffrey Locker said it was difficult to believe users are unaware of the presence of a BB, stuck or not, because it takes seven steps to fire the guns.
The family of John Tucker Mahoney had been pushing for a recall ever since the then-16-year-old Pennsylvania youth was shot in the head in 1999 by a friend and left in a near vegetative state with severe injuries. Daisy settled a suit with the family for $18 million.
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