Bill would shield gun makers from lawsuits

Seattle Post-Intelligencer ^ | October 20, 2005 | LAURIE KELLMAN

[neverdem]

ASSOCIATED PRESS

WASHINGTON -- President Bush will likely get a chance to sign into law a bill to shield the gun industry from lawsuits brought by victims of gun crimes, a controversial measure that has survived the Senate for the first time and is headed for passage in the House.

Supporters say the bill would protect firearms manufacturers, dealers and importers from financial ruin sought by crime victims' lawsuits that seek massive damages.

"Lawsuits seeking to hold the firearms industry responsible for the criminal and unlawful use of its products are brazen attempts to accomplish through litigation what has not been achieved by legislation and the democratic process," House Judiciary Committee Chairman James Sensenbrenner, R-Wis., said in remarks prepared for Thursday's floor debate.

Support for the bill has only grown since a similar measure passed the House last year and was killed in the Senate after Democrats succeeded in attaching a controversial amendment. Aided by four new Republican seats, the bill passed the Senate in July, 65-31. In the House the measure has 257 co-sponsors, far more than the 218 needed to pass.

Opponents say the strength of the bill's support is testament to the influence of the gun lobby. They say that if the bill had been law when six victims of convicted Washington-area snipers John Allen Muhammad and Lee Boyd Malvo sued the gun dealer from which they obtained their rifle, the dealer would not have agreed to pay the families and victims $2.5 million.

"It is shameful that Republicans in Congress are pushing legislation that guarantees their gun-dealing cronies receive special treatment and are above the law," said Rep. Robert Wexler, D-Calif.

President Bush has said he supports the bill, which would prohibit lawsuits against the firearms industry for damages resulting from the unlawful use of a firearm or ammunition. Gun makers and dealers still would be subject to product liability, negligence or breach of contract suits, the bill's authors say.

Opponents say the bill effectively exempts gun makers from liability and that dealers allow the weapons to get into the hands of people the law says shouldn't have them.

The bill is the National Rifle Association's top legislative priority.

Democrats and Republicans alike court the powerful NRA at election time, and the bill has garnered bipartisan support. But the firearms industry still gave 88 percent of its campaign contributions, or $1.2 million, to Republicans in the 2004 election cycle.

Gun control advocates, meanwhile, gave 98 percent of their contributions, or $93,700, to Democrats that cycle, according to the Center for Responsive Politics.

The bill is S. 397.

On the Net:

Congress: http://thomas.loc.gov

[neverdem]

H.R. 800 is better. It's a clean bill without PC amendments. Here's Reuter's version. House to pass gun lawsuit shield legislation

[pillbox_girl]

"It is shameful that Republicans in Congress are pushing legislation that guarantees their gun-dealing cronies receive special treatment and are above the law," said Rep. Robert Wexler, D-Calif.

Special treatement? Puh-freaking-leeze!

Why do these democrat twits continue to get away with making bald faced lies like this?

I guess on Planet Wexler, Ford gets sued into economic oblivion every time a Taurus gets used in a hit-and-run.

Here in the real world, this bill just restates what should be obvious to anyone other than a gun grabbing fascist zealot: Gun makers and dealers are no more responsible or liable for the criminal misuse of their products than automobile makers and dealers are for the criminal misuse of their products. Or power tool makers and dealers. Or furniture makers and dealers. Or left handed reciprocating widget makers and dealers.

[ncountylee]

As a Jew, one would think that Wexler would recall the effect of the Nazi gun grab. I guess pleasing liberal special interests is more important to him.

[MarkL]

As a Jew, one would think that Wexler would recall the effect of the Nazi gun grab. I guess pleasing liberal special interests is more important to him.

For those of his ilk, his "religion" is liberalism.

Mark

[KateatRFM]

I believe this law is already on the books in Georgia. I worked for a law firm that was interested in that field. The lawyer had a sign in his office that said "Fight Crime: Shoot Back!"

I'm amazed that nobody has tried to sue Toyota for the fact that Afghani terrorists prefer the Toyota Tundra overwhelmingly ... or that someone isn't compiling a list of what cars are used for car bombs and preparing a class action suit ...

[gridlock]

This is a mistake that will be made time and again. I don't understand it, either. If I were a member of a religious minority that has suffered so grievously from oppression, I would be armed to the teeth.

[American in Israel]

Indeed, our government does not feel responsible when we sell advanced weapons to Islamics and they are used, why should they try to hold a manufacturer to a standard they refused to apply to themselves?

[TheBattman]

If gun makers make guns that blow up because of poor manufacturing - let lawsuits proceed.

If gun makers make guns that can load, aim, and fire themselves at innocent people - then let lawsuits proceed.

When a gun is misused by a criminal - go after the criminal, not the gun manufacturer. The gun worked as designed and built. The manufacturer didn't make the gun for the use in crimes.

The lawsuits against gun manufacturers is just like suing Ford Motor Company because a drunk driver ran over somebody.

[libstripper]

The lawsuits against gun manufacturers is just like suing Ford Motor Company because a drunk driver ran over somebody.

Or becasue a Ford was used as a getaway car in a bank robbery where someone ws killed.

[trisham]

Opponents say the strength of the bill's support is testament to the influence of the gun lobby. They say that if the bill had been law when six victims of convicted Washington-area snipers John Allen Muhammad and Lee Boyd Malvo sued the gun dealer from which they obtained their rifle, the dealer would not have agreed to pay the families and victims $2.5 million.

********************

That's right, and why this bill is necessary.

[javachip]

They say that if the bill had been law when six victims of convicted Washington-area snipers John Allen Muhammad and Lee Boyd Malvo sued the gun dealer from which they obtained their rifle, the dealer would not have agreed to pay the families and victims $2.5 million

Not true, I believe there's a good case for negligence against the dealer that Muhammad obtained/stole the rifle from. The case against Bushmaster, however, would have been stopped by this legislation.

[javachip]

and that dealers allow the weapons to get into the hands of people the law says shouldn't have them

Yet another blatantly false statement. The dealer's responsibility is to initiate a NICS check on the buyer, it is NICS responsibility to flag those "the law says shouldn't have them." If the dealer is following state and federal law, they won't be selling to anyone "the law says shouldn't have them," if the dealer isn't following law, this new legislation won't protect them from lawsuits.

[Erik Latranyi]

The dealer's responsibility is to initiate a NICS check on the buyer, it is NICS responsibility to flag those "the law says shouldn't have them.

Absolutely! How many times do we see gov't create programs or systems to "protect" us and then fail to actually oversee such programs or systems?

Let's face facts, folks, 9-11 would not have happened had Congress done its job in ensuring the CIA, FBI and DIA had the proper resources and direction to do their jobs.

But Congress does not exercise its oversight authority properly or efficiently.

[Erik Latranyi]

The dealer's responsibility is to initiate a NICS check on the buyer, it is NICS responsibility to flag those "the law says shouldn't have them.

Absolutely! How many times do we see gov't create programs or systems to "protect" us and then fail to actually oversee such programs or systems?

Let's face facts, folks, 9-11 would not have happened had Congress done its job in ensuring the CIA, FBI and DIA had the proper resources and direction to do their jobs.

But Congress does not exercise its oversight authority properly or efficiently.

[pillbox_girl]

As a Jew, one would think that Wexler would recall the effect of the Nazi gun grab. I guess pleasing liberal special interests is more important to him.

As a liberal democrat, Wexler is only as Jewish as is necessary to garner votes.

His real faith isn't in God, but in the Big Government Fascist Nanny State.