McCarthy also sued Olin Corporation, the parent of Winchester Ammunition under products liability and negligence theories for their manufacture of the Black Talon bullets used by Ferguson. The cartridges carry hollow-tipped bullets that expand upon impact, increasing the severity of wounds. One month before the LIRR shooting, Winchester Ammunition announced they were voluntarily withdrawing the Black Talon cartridges from the market. McCarthy's suit failed, partly because New York State law placed no responsibility on manufacturers for the criminal misuse of their products.