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Guns

Design Defect Claim That Sig Sauer Fired Without Trigger Pull Not Necessarily Blocked by Second Amendment

Eugene Volokh | 8.10.2026 9:34 AM

From Judge Thomas Thrash (N.D. Ga.) Friday in Harvard v. Sig Sauer, Inc.; note that Harvard is just plaintiff's last name:

This is a firearm design defect case. The Sig Sauer P365X pistol is a striker-fired pistol, which uses an internal, spring-loaded firing pin to hit the primer and fire the cartridge instead of an external hammer like a traditional gun. When the slide is racked back and released forward to chamber a round, the firing pin remains back and under spring tension, making it ready to fire. The firearm did not feature a manual safety. Nonetheless, the Defendant designed, manufactured, and sold the firearm and advertised it as a firearm that was equipped with the necessary features to prevent unintentional discharges.

The Plaintiff is an individual who purchased a Sig Sauer P365X on November 18, 2023. A month later, the Plaintiff was at the Rock Bottom Hunting Club in Roberta, Georgia with the firearm in his possession. The firearm was fully seated and properly secured in a holster, which was attached to the Plaintiff's belt on his waistband. At some point, the Plaintiff proceeded to remove the holster, with the firearm inside it from his waistband, using his left hand to relieve the tension from the holster clip. The Plaintiff held the holster with his right hand, with his hand positioned over the muzzle end of the holster.

After the holster was removed and........

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