NH man's lawsuit claims SIG Sauer pistol fired without trigger pull

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In his lawsuit, Kyle Guay, 32, — who has “substantial firearms experience” — claims he was taking off his SIG Sauer holster with his SIG P320 secured in it on Jan. 28 “when the pistol fired and hit him in the right thigh without him ever touching the trigger.” “The hollow point bullet it discharged left a gaping wound in his thigh, caused nerve damage, and left pieces of the blown apart holster across the floor,” the lawsuit claims.
 
And the check is in the mail, my gun shot by it self will that be added as number four of the three greatest lies
 
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I'd like to see where the holster exit hole was............................................................................
The kopsch said it "fired in the holster" but that doesn't mean a whole hell of a lot. There could still be some tomfoolery going on here.

ETA: I would love to see the holster itself though, I bet there's an 80% chance its a hybrid or something ghetto class.
 
Not that it's totally impossible.
Machines do fail.
But the odds would be about the same as getting hit by lightning after being run over by a semi on your living room sofa.
The odds go way up when human stupidity plays into it.
 
The Sig P320 is the subject of a class action lawsuit

Sig settled it

He may not have been a party to the class action settlement


A Settlement has been reached in a class action lawsuit about SIG Sauer’s P320 pistol.
If you own or owned a SIG Sauer P320 pistol, you may be eligible for benefits from the Settlement.
What is the lawsuit about?
A proposed nationwide Settlement has been preliminarily approved in a class action lawsuit involving SIG Sauer’s P320 pistol. The class action lawsuit claims that P320 pistols manufactured before August 8, 2017, were defectively designed because the design allegedly allows the pistol to discharge where the pistol’s slide and barrel are in an unlocked condition due to the absence of a mechanical disconnector. The lawsuit further contends that the value and utility of these firearms have been diminished as a result of these alleged defects. Defendant denies these allegations and any wrongdoing. The Parties agreed to resolve this matter before these issues were decided by the Court.
Who’s Included? The Settlement provides benefits to all persons who currently own a P320 pistol who fall within one of the following three Categories:
 Category 1: Current P320 Owners who have not previously experienced a Cartridge Failure Event or who did previously experience a Cartridge Failure Event but did not previously return their P320 pistol to Sig Sauer for repair.
 Category 2: Current and former owners of P320 pistols who previously returned their pistol to SIG Sauer after a Cartridge Failure Event and were told that their pistol could not be repaired; and
 Category 3: Current and former owners of P320 pistols who previously returned their pistol to SIG Sauer after a Cartridge Failure Event and were charged for the pistol to be repaired.
What does the Settlement provide? All Settlement Class Members who continue to own their P320 pistol receive a transferable SIG Sauer Limited Lifetime Warranty against any future Cartridge Failure Events resulting from the use of Appropriate Ammunition. Additionally, Settlement Class Members in Category 1 who previously experienced a Cartridge Failure Event but did not previously return their P320 pistol for repair may have their pistol repaired at no cost to the class member. Settlement Class Members in Category 1 whose P320 pistols have not been upgraded may also participate in SIG Sauer’s Voluntary Upgrade Program at no cost to the class member. Category 2 Settlement Class Members have the option to receive either: (1) a refund of the greater of the original price paid for their P320 (with proof of purchase) or the Manufacturer’s Suggested Retail Price for their specific version, or (2) a new P320 pistol of the same or similar version to the extent permitted by state and local law. Category 3 Settlement Class Members will be refunded any money paid to SIG Sauer to repair their P320 pistol, including any shipping costs incurred.
How can I get Settlement benefits? Submit a Claim Form. Claim Forms can be found at www.sigsauer.com/Hartley or by calling 1-888-772-2335.
What are my legal rights? Even if you do nothing you will be bound by the Court’s decisions. If you want to keep your right to sue the Defendant yourself, you must exclude yourself from the Settlement Class by June 3, 2020. If you do not exclude yourself, you may object to the Settlement by writing to the Court by June 3, 2020.
The Court will hold a hearing on June 25, 2020, to consider whether to approve the Settlement and a request for attorneys’ fees and expenses of up to $850,000, plus a payment of $1,400 to $2,800 for each named Plaintiff. You or your own lawyer may appear at the hearing at your own expense.
For more information or a Claim Form: 1-888-772-2335 or www.sigsauer.com/Hartley

 
Well this is awkward... I’m waiting on an appendix holster for one. But I left the manual safety in it with a 3# trigger pull.
 
One problem I have with these kinds of claims is they are very suspicious at best.... although this guy apparentlly didn't get his gun repaired under the "voluntary recall" which, I must admit, is probably the most retarded terminology ever. The gun either needed to be fixed or it doesn't- and if it does, you're supposed to tell people to stop using it and get it serviced. Although in the legal brief theres some fairly damning stuff in there, but nothing that proves that this guy just simply NDed himself in the leg somehow. Also, unless they changed it, the cheapo SIG holster you got with a P320 has an open end to it, so if it was still holstered when the gun fired, why did chunks of the holster get blown off if it's not blocking the muzzle? Unless, of course, for some reason in 2016 sig factory P250 holsters (as described) were considerably different.....

Whole thing is pretty bizarre, unless it's a just a cover up and ambulance chaser job.
 
Well this is awkward... I’m waiting on an appendix holster for one. But I left the manual safety in it with a 3# trigger pull.
GG trigger kit because I like lighter triggers.

I wouldn't be going FR on an appendix gun, frankly. I just got two P320s back from recall work and the trigger is pretty darn acceptable. I'm not an appendix guy (tried it, too fat, lmao) but frankly if I had any doubts/misgivings about a given gun's safety at all, I sure as hell would not be carrying it appendix, that's for shit sure, safety or no safety.
 
He has substantial firearms experience. Yet they don’t say what his experience is?
I find this one hard to believe when meshed up against the fact that it sounds like he used the OEM holster that came in the box with a lot of these guns. It's basically not much more than something similar to a fobus fixed position paddle holster, if its the same as what he used. I have two of them. It's something that you would use as a get by, but nobody with "substantial gun experience" would ever consider it a serious holster. Many $30-$50 Kydex IWB and OWB holsters on Amazon outclass it.
 
Before anyone jumps my shit... it's not even that I "inherently trust sig" here, I mean if you look in the past with the P320 with enough googling there are some disturbing trends WRT P320 incidents, sometimes multiple in even one agency, and while generally speaking most NDs are user error, the trend is alarming. I also think that they badly f***ed up the entire recall thing, the way it was described, and administered. It's just that in this case, it seems a little too suspicious to me.... like what are the odds of this dude, owning a gun from 2016 to 2020, and "allofasudden" it decides to fire on its own, and it didn't in the years before that.... I mean anything is possible, but difficult to resist the temptation to question the authenticity of the claim here.

It also seems suspicious to me that if he had "substantial firearms experience" that he would not have heard about this P320 recall thing, either. Hell once the ND thing went public I literally stopped using my P320's and didn't ever load them again until I got them serviced well over a year or more later, I just got mine back a couple months ago.
 
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I don't have enough knowledge about these incidents to really base anything on. Either way I carry a gun that faces my nuts, that safety is going on for now on. I'll take my chances of probably never pulling that thing out of a holster and 100% not shooting my nuts off compared to keeping it hot and 0.000001% chance of getting my nuts shot off any day of the week.
 
If a shirt/piece of clothing got in the holster, I can see it "going off" when removing the holster. It could definitely get in the trigger guard and pull the trigger as you removed the holster. Other than that, I seriously doubt that a modern quality gun would just "go off" without some kind of intervention on the trigger.
 
Article mentions "SIG Sauer holster" so now I wonder-

Is it one of those hard plastic ones that comes with the firearm?
Is it one of those leather ones you can buy with the sig logo stamped into it?

There was a picture floating around a few years back of one of those leather holsters folding over and getting hung up around the trigger/ trigger guard. Guy shot himself when he sat down or somethin along those lines.

Or like Len just said, clothing got in there. Shirt tugged on it or somethin.
 
Before anyone jumps my shit... it's not even that I "inherently trust sig" here, I mean if you look in the past with the P320 with enough googling there are some disturbing trends WRT P320 incidents, sometimes multiple in even one agency, and while generally speaking most NDs are user error, the trend is alarming. I also think that they badly f***ed up the entire recall thing, the way it was described, and administered. It's just that in this case, it seems a little too suspicious to me.... like what are the odds of this dude, owning a gun from 2016 to 2020, and "allofasudden" it decides to fire on its own, and it didn't in the years before that.... I mean anything is possible, but difficult to resist the temptation to question the authenticity of the claim here.

It also seems suspicious to me that if he had "substantial firearms experience" that he would not have heard about this P320 recall thing, either. Hell once the ND thing went public I literally stopped using my P320's and didn't ever load them again until I got them serviced well over a year or more later, I just got mine back a couple months ago.
Not trying to be a pain but is there any chance he could of missed the recall notice? I don’t have a 320 but I have other Sig pistols and rifles and train at the academy a few times a year. I kinda was aware of the recall but like I said I don’t own a 320 and paid no attention to it. How did Sig get the word out? Did they send letters to everyone who purchased it, like a vehicle? I’m asking, not trying to be sarcastic?👍🏻
 
He has substantial firearms experience. Yet they don’t say what his experience is?

Watched a lot of westerns and war movies?
The above reminds me of the criminal case I testified for the defendant. The "expertise" of the MA State Trooper ballistics expert (15 yr veteran) was part of his written report and consisted of having taken tours of about a half-dozen firearms manufacturing companies!! No, I am NOT kidding. [rofl]

Not trying to be a pain but is there any chance he could of missed the recall notice? I don’t have a 320 but I have other Sig pistols and rifles and train at the academy a few times a year. I kinda was aware of the recall but like I said I don’t own a 320 and paid no attention to it. How did Sig get the word out? Did they send letters to everyone who purchased it, like a vehicle? I’m asking, not trying to be sarcastic?👍🏻
I own two 320s, one was bought from Atlantic Tactical (cop-shop) and the other privately. I only learned about this from reading here on NES. Never received anything from Sig, however, I also do not return "warranty cards" (unsure, but in case one was enclosed with the gun). I haven't yet sent them in for work but I'm also not shooting them until I do. The guns fired when dropped, nothing to do with the issue in this case.
 
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