Posted on 09/25/2002 3:24:44 PM PDT by SteveH
For Immediate Release: 9/25/2002
Gov. Davis Signs Package of Far-Reaching Gun Bills
Repeals Gun Industry's Legal Immunity
Strengthens Ban on Saturday Night Specials
Provides Cities with Data for Gun Lawsuits
Prohibits Sale of Non-Certified Gun Safety Locks
Expands Oversight on Gun Dealer Transactions
(Los Angeles) In a stunning legal setback for the gun industry, California is becoming the first state in the country to repeal the gun industry's special legal immunity as Gov. Gray Davis signed SB 682 by Senator Don Perata and AB 496 by Assemblyman Paul Koretz today as part of a package of far-reaching new gun laws. The gun industry bills overturn a California Supreme Court decision, which held that a 1983 law created a special immunity shield for gun manufactures.
Davis also signed SB 1490 by Senator Perata to assist city lawsuits against the gun industry by authorizing city attorneys access to gun transfer records held by the Department of Justice, AB 2902 by Assemblyman Koretz to strengthen the state's ban on Saturday night specials by authorizing DOJ to randomly test handgun models each year to make sure they remain in compliance and regulate the ammunition that is used in the tests, SB 1670 by Senator Jack Scott to prohibit the sale of safety locks that are not approved by the state and AB 2080 by Assemblyman Darrell Steinberg to require gun dealers shipping firearms into or within California to obtain authorization from the Department of Justice that the recipient is a legitimate dealer.
"Victims of gun violence will finally get justice," Luis Tolley of the Brady Campaign to Prevent Gun Violence united with the Million Mom March, which sponsored the repeal of gun industry immunity. Repealing the gun industry's special immunity was the top priority for Million Mom March Chapters throughout California. The Million Mom March activists, many of whom have personally suffered from gun violence, marched on the state capitol and lobbied their legislators in personal visits, phone calls and letters to repeal the gun industry's special protection and allow gun victims their fair day in court.
"This is a legal earthquake for irresponsible gun manufacturers," said Tolley. "Gun manufacturers are going to face judgment day. They will no longer be able to hide from the courts and escape legal accountability when they engage in dangerous and irresponsible conduct that hurts and kills people. The gun industry will have to follow the same legal rules as every other industry in California and victims of gun violence will finally obtain justice, including the right to be heard in court. For too long, some gun makers have hidden from legal scrutiny behind an immunity shield while deliberately endangering the public in ways that would never be tolerated for any other product. Those days are over."
The bills respond to a 2001 California Supreme Court ruling, which held that a 1983 law sponsored by the NRA provided special immunity to gun manufacturers. The Court found that gun maker Navegar, which produced the banned TEC-9 assault weapon, could not be held responsible for criminal use of the TEC-9 even though Navegar deliberately designed and marketed the weapon for criminals. Navegar ads touted its "excellent resistant to fingerprints" and "high volume of firepower" and promoted the weapon in Solider of Fortune magazine. Navegar boasted that news reports of criminals using the TEC-9 were "good as far as sales go" and had "advertising tingle." The TEC-9 assault weapon was equipped with rapid-fire combat capability, a 32-round ammunition magazine, a sling for one-handed shooting and a barrel designed for an illegal silencer.
This is the third major setback for the gun industry this summer. In June, the Ohio Supreme Court reinstated Cincinnati's lawsuit against the industry, allowing the City to proceed with product liability, negligence and public nuisance claims against fifteen gun manufacturers and earlier this month the Indiana Court of Appeals reinstated key provisions of Gary's lawsuit against gun dealers. Twelve cities and counties in California are pursuing similar suits against the gun industry, with trial currently set for April of next year.
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Legislation overturns a court decision?
Guess the author has joined the wacky world of the left or has been smoking too much gun powder or both.
2nd and 14th.
Strengthens Ban on Saturday Night Specials
Provides Cities with Data for Gun Lawsuits
2nd, 4th, 6th, and 14th.
Prohibits Sale of Non-Certified Gun Safety Locks
Restraint of trade. Unlawful taking.
...
Now I've gone and totally ruined a keyboard.
This liability also extends to the gun shop owner who sold the firearm. How many small shop owners are willing to be targets of litigation for a product with such a small markup? The likely scenario is that small owners will either be faced with huge liability insurance premiums or opt to cease selling firearms. It will be interesting to see which choice is made.
I continue to be pleased with my exit from CA. It was one of my best decisions ever!
And unarmed victims of criminals are screwed
Concerned about the easy availability of guns in our society?
Alarmed about the "gun nuts" and other freedom wackos the government allows to run loose?
Wish the government would just repeal the Second Amendment and confiscate all the guns because you believe sensible people shouldn't suffer because of some idiotic notion about some antiquated “right?”
While we can't take the guns away from the people, we CAN take the people (or at least SOME of them) away from their guns.
At CAMP GUNFREE, we have created an atmosphere of near-total tranquility where you and your family will experience the benefits of a GUN FREE environment.
Each of our camps is a gated community designed to keep guns away from camp guests. Firmly enforced security measures ensure that these dangerous and destructive devices are kept outside. Each camp boasts 24 hour, 7 day a week sentries and state-of-the-art enclosure systems, guard dogs, trenches and surveillance equipment to absolutely GUARANTEE that no firearms enter the facility. Rigidly controlled access ensures that no guns can ever be smuggled in.
No cost has been spared to ensure that Camp GunFree remains gun free.
All camp members are given distinctive uniforms to distinguish them from any gun-toting barbarians who might attempt to evade our security measures. Each camp member is also assigned a distinctive ID number to ensure that only the right people are allowed within the camp.
The current headlines prompt us to remind you that there has NEVER been a shooting by a student in any of the camp schools and we can GUARANTEE that there never will be!!
For more information, call 1-800-GUNFREE
OR visit our new website at
http://www.privategunsareabadthingandwe'llseethatyouare”safe”.batf.gov
(This idea from a pamphlet originally created by The Minnesota Center for Individual Liberty, PO Box 32170, Minneapolis, MN 55432-0170)
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