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Liability Shield for Gunmakers Near Passage
The Washington Post ^ | July 29, 2005 | Shailagh Murray

Posted on 07/29/2005 12:19:25 AM PDT by neverdem

The nation's gun lobby is close to realizing a long-sought goal of protecting firearms manufacturers and dealers from being held legally responsible for violent crimes committed with their handguns and automatic weapons.

Supporters believe they have the votes in the Senate to pass as early as today a bill making it virtually impossible for victims of gun violence to file civil suits against the industry -- a testimony to the political clout of gun manufacturers, which have become increasingly vulnerable to civil lawsuits in the District and several states. Twelve Democrats, including Senate Minority Leader Harry M. Reid (Nev.), are joining with the Republicans to support the legislation.

Congress has fought bitterly over the issue for the past four years, with the House eager to grant liability protection to the industry but with the Senate highly resistant. A similar bill failed in the Senate last year after opponents loaded it up with amendments that were anathema to the National Rifle Association and other gun enthusiasts.

But this year, the Senate appears on the verge of approving a bill that is far broader than most of the 33 immunity-related state laws on the books and that would even halt pending cases, including those brought under the District's Assault Weapon Manufacturing Strict Liability Act, a 1991 law designed to hold manufacturers accountable for selling military-style guns.

The District of Columbia Court of Appeals in April upheld the act as constitutional, allowing victims of crimes involving semiautomatic weapons to bring claims under it.

If the Senate approves the measure, the House is likely to approve a companion measure -- probably after the August recess -- and to send it on to President Bush for his signature, according to gun lobbyists and some lawmakers.

Vincent Morris, a spokesman for D.C. Mayor Anthony A. Williams...

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: 109th; bang; banglist; gunmakers; liability; liabilityshield
It appears that we have them by the family jewels!
1 posted on 07/29/2005 12:19:25 AM PDT by neverdem
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To: neverdem

Certainly hope so.


2 posted on 07/29/2005 12:29:46 AM PDT by taxesareforever (Government is running amuck)
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To: neverdem
Never could understand the theory behind this, and I'm absolutely shocked that it never extended over to computer manufacturers, auto makers, knife makers, baseball bat companies.. After all, all these things supposedly kill people too.

(Those vicious inanimate objects!)
3 posted on 07/29/2005 12:31:56 AM PDT by kingu (Draft Fmr Senator Fred Thompson for '08.)
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To: neverdem


Murray has been the congressional correspondent for the Wall Street Journal since 1999. Before that she was a foreign correspondent for the Wall Street Journal Europe, where she covered issues such the Irish economic boom, the Northern Irish peace process, social and economic trends from Brussels, and the East European transition from Prague. Her journalism career began at the Tampa Tribune, where she covered courts, crime, and transportation.


4 posted on 07/29/2005 12:37:06 AM PDT by kcvl
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To: kingu
Never could understand the theory behind this, and I'm absolutely shocked that it never extended over to computer manufacturers, auto makers,

Well you can't say it has never extended to auto makers. They get sued all the time, but usually not for the mere fact that they made and sold a car.

The reason this is necessary is that the anti-gun crowd is trying to get thru the courts what they can't get thru the congress, by making it just too expensive to manufacture guns. Further, they are having some success at it.

This should (but probably won't) reduce the price of guns, because manufacturers can now drop all that insurance they have to carry for other than defects in materials and workmanship.

5 posted on 07/29/2005 12:43:16 AM PDT by konaice
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To: neverdem

About time. I spoke with John Thune last month and he assured me it would happen this year finally.


6 posted on 07/29/2005 12:50:42 AM PDT by SoDak
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To: kingu

"Never could understand the theory behind this"

The "theory" was to use activist judges for an end run around the 2nd Ammendment.


7 posted on 07/29/2005 12:55:05 AM PDT by Fenris6 (3 Purple Hearts in 4 months w/o missing a day of work? He's either John Rambo or a Fraud)
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To: konaice
This should (but probably won't) reduce the price of guns, because manufacturers can now drop all that insurance they have to carry for other than defects in materials and workmanship.

Gotta say, if it does drop the price, it would be nice. We just dropped out of the gun business after 30 some years. It just wasn't worth the money any more. Between being hammered on the wholesale side and then getting hammered on the retail side, we were starting to get lucky if we could pull a fifteen percent gross return on investment which pretty much meant we were giving away everything.

Alas, we weren't the only ones to go at the same time, least in the black powder market. The greater Los Angeles area is down to two stores now, and one is iffy. Sort of tears at my heart, especially considering the consistent attacks onto the San Gabriel Valley Gun range.

Bah, still get to keep crates and crates of paperwork for the next twenty years, in case the ATF comes a requestin'.
8 posted on 07/29/2005 1:35:27 AM PDT by kingu (Draft Fmr Senator Fred Thompson for '08.)
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To: kingu
Bah, still get to keep crates and crates of paperwork for the next twenty years, in case the ATF comes a requestin'.

Be carefull with that paperwork. Don't let the shed burn down in the up-comming wild fire season.

9 posted on 07/29/2005 1:39:04 AM PDT by konaice
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To: konaice
Well you can't say it has never extended to auto makers. They get sued all the time

Let' be factual here. The auto makers are sued all the time due to manufacturing defects. Not because their product worked properly.

When banks start suing GM because one of their cars was used as a getaway vehicle after a robbery, I'll agree with you.

10 posted on 07/29/2005 5:11:03 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
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To: neverdem
automatic weapons

WTF?

11 posted on 07/29/2005 10:10:14 AM PDT by Dan from Michigan (Member - NRA, SAF, MGO, SAFR)
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To: neverdem; Dan from Michigan
I'm sure Patakifeller and Bloomingidiot are happy about this.

Reminds me of the time I had just moved back to New York after a stint in Miami. I met with a group of local RINOs in Manhattan and told them that Florida had passed a liability protection law. They all but laughed at me and told me that there was no way in hell that it would pass in New York.

Since federal law supersedes state law in this case, this is good news. Still feel kinda sick about the "trigger lock" requirement, but most of the firearms I have looked at recently already come with locks anyway.

12 posted on 07/29/2005 2:16:21 PM PDT by Clemenza (Life Ain't Fair, GET OVER IT!)
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To: Clemenza

You don't have to use the trigger locks either. It's already law in MI (price to pay for state level gun lawsuit ban), but we only need to have them sold with the gun, not use them.


13 posted on 07/29/2005 2:54:13 PM PDT by Dan from Michigan (Member - NRA, SAF, MGO, SAFR)
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To: Clemenza
I'm sure Patakifeller and Bloomingidiot are happy about this.

I'm pretty sure that you remember John Gambling's WABC-AM radio show on Friday at 11:00 AM with New York City's mayor. He had the idiot on today. Good Lord, what drivel!

14 posted on 07/29/2005 3:25:56 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: neverdem

I used to listen to that show daily except for Friday. Bloomberg's effeminate lisping voice just made me want to switch to WBAI or WFUV.


15 posted on 07/29/2005 3:27:14 PM PDT by Clemenza (Life Ain't Fair, GET OVER IT!)
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