The handgun at the centre of an RCMP investigation on Prince Edward Island has been the subject of a flurry of lawsuits and counter-lawsuits involving its manufacturer — and was recently acquired in large numbers by the Canadian Armed Forces.
The pistol, a SIG Sauer P320, allegedly misfired while in a Charlottetown police officer’s holster on Sept. 4.
Several U.S. law enforcement agencies have either suspended or discontinued use of the pistol this year over alleged safety concerns. The gun was also at the centre of an investigation by one branch of the American military following the accidental death of a U.S. Air Force security airman in July.
Charlottetown police confirmed to CBC News that an officer was getting out of his vehicle near a provincial detention centre when his SIG Sauer P320 went off.
No one was injured in the incident, which interim Charlottetown Police Chief Jennifer McCarron described as deeply disturbing.
The RCMP has been called in to investigate.
CBC News reached out to SIG Sauer, which is headquartered in Newington, N.H., for comment, but received no response.
Special forces mishap
In November 2020, a Canadian special forces soldier was wounded in the accidental discharge of a P320 — an incident the company and later the military attributed to the soldier’s use of the wrong holster.
Not long after the mishap, the Department of National Defence went on to purchase more than 19,700 of the modern handguns to replace its Second World War-era Browning Hi-Power pistols.
The firearms were redesignated as the C22/C24 for Canadian military use.
Last summer, an active American serviceman, at a U.S. Air Force base in Wyoming, died after his P320 (designated M-18 by the U.S. military) went off accidentally. The air force suspended use of the firearm in the immediate aftermath of the death, but has since reinstated the M-18 for general use.
The safety issue at the centre of the concerns involves the allegation that the P320 can sometimes go off without a trigger pull.
The Houston Police Department, the Strafford County Sheriff’s Office in Dover, N.H., the Chicago Police Department and the Oregon Department of Safety have all banned use of the P320 after either misfires, reports of accidental discharges or lawsuits against the manufacturer. In the Oregon case, SIG Sauer has gone to court to overturn the ban.
A handful of municipal forces across Canada use the firearm.
DND monitoring situation
Last March, a class-action lawsuit was filed in U.S. District Court against the company by 22 alleged victims across 16 states who claim the handgun is dangerously defective and can fire unintentionally. There have been as many as 17 previous cases, all of which were dismissed.
Following the death of the U.S. airman in July, Canada’s Department of National Defence said it was monitoring the situation and had not instituted any additional safety protocols, nor was it considering withdrawing the firearm from service.
“It would be premature to react to the known functioning of the firearm based on an uninvestigated and unsubstantiated incident,” the Defence Department’s Kened Sadiku said in a written statement.
Sadiku said the CAF is closely monitoring “all the objective evidence available” in addition to conducting risk assessments and technical testing.
There had been no incidents of misfires in the Canadian military since the mass introduction of the firearm, which took place after the special forces soldier was injured almost five years ago, the spokesperson said.
Following that incident, Sadiku said, training was greatly improved on the handling and holstering of the C22 and C24 pistols. Troops are now drilled to know where to place the trigger finger, ensure there are no obstructions of the holster and that “the bottom opening of the holster is pointed away from all body parts” while the firearm is holstered.
“Users are required to have multiple levels of training before they are certified for ‘hot holstering’ pistols,” Sadiku said.
The Defence Department issued a “land safety advisory” at the end of January to reiterate pistol holster training.
U.S. class actions
Ignoring requests for comment has been standard procedure for both SIG Sauer and its Canadian distributor, M.D. Charlton, headquartered in Victoria.
During a previous CBC News investigation of the injury of the special forces soldier in 2021, both companies were asked for comment, but neither responded.
Instead, they took to online pro-gun industry forums to offer a rebuttal. At the time, M.D. Charlton posted to the online commercial forum Canadian Gun Nutz, describing the CBC News piece as “inaccurate.”
SIG Sauer went further, saying the story was instigated by competitors to smear its reputation ahead of a Canadian government tender to replace all of the military’s handguns.
The remark was patently false and SIG Sauer ended up winning the federal competition.
The company has repeatedly said that the “P320 cannot, under any circumstances, discharge without the trigger first being moved to the rear.”
In response to the death of the U.S. airman and the multiple law enforcement agency bans, the company released a statement on its website this summer saying the safety and security of U.S. military personnel was always the top priority.
“The P320 pistol is one of the safest, most advanced pistols in the world — meeting and exceeding all industry safety standards,” the company statement said.
“The P320 has been rigorously tested, and is currently in use by militaries and law enforcement agencies around the world.”
Jeff Bagnell, a lawyer in Westport, Conn., who has litigated several cases, mostly by commercial gun owners, related to P320 misfires, said there are several class actions winding their way through U.S. courts, in addition to the one filed earlier this year.
He said he understands the Canadian military has made a considerable investment in the C22/C24s but urged further precautions, suggesting the firearm be carried without a round in the chamber until the safety concerns are addressed.
“Really think hard about distributing this weapon,” Bagnall said when asked what advice he would have for the Canadian military.
“This is really not an attack on SIG Sauer. It is addressing a problem with one particular gun that has shown enormous problems across the United States. And it’s really foolish to act like it’s not happening.”
