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Gun Makers Lose Key Liability Shield in California
Reuters ^ | 9/25/02 | Andrew Quinn

Posted on 09/25/2002 7:15:55 PM PDT by Tumbleweed_Connection

California Gov. Gray Davis signed a package of new gun control bills Wednesday, including the first state law in the nation to strip gunmakers of a key legal shield against liability lawsuits brought by victims of gun violence.

"No industry should be allowed to hide from its own harmful conduct, and except for gun manufacturers, no industry is," Davis said in a statement. "Current laws shield a gun manufacturer from its own negligence. These new laws strip away that shield."

Davis, a Democrat who faces reelection in November, had previously vowed to go slow on new gun control legislation after signing a raft of gun control measures during his first year in office.

But he said Wednesday that the new laws were an important step toward making California's gun safety laws -- already the toughest in the nation -- even stronger.

"A LEGAL EARTHQUAKE"

Gun control advocates hailed the new laws as a "legal earthquake" for the gun industry, which has come under legal attack in recent years by plaintiffs seeking to blame it for America's epidemic of gun violence.

"Gun makers are going to face judgement day," said Luis Tolley, California spokesman for the Brady Campaign to Prevent Gun Violence.

"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 centerpiece of Wednesday's legislation was a bill repealing a 1983 state law which has protected gun makers against certain liability claims for damage caused by criminals wielding their weapons.

Spurred by a lawsuit brought by survivors of a 1993 San Francisco office massacre, in which a gunman murdered eight people with a TEC-9 assault pistol, Davis' repeal overrides a 2001 decision by California's state Supreme Court which upheld the legality of the 1983 immunity law.

Gun control advocates had accused the maker of the TEC-9, Miami-based Navegar, Inc., with criminal negligence, saying it had manufactured and marketed the weapon specifically to appeal to potential killers by touting its "fingerprint resistance" and massive firepower.

A HIGHER STANDARD?

Gun manufacturers, who lobbied hard against the California bill, say they are already subject to existing product liability laws covering everything from defective products to negligent sales practices.

Now, they say, they will be held to a higher standard than other manufacturing industries -- liable for criminal misuse of legal products that are not in themselves defective.

"Some products, knives and firearms for example, must by their very nature be dangerous in order to function. The mere fact of injury does not entitle the injured person to recover from the manufacturer," Lawrence Keane, general counsel of the Sporting Arms and Ammunition Manufacturers' Institute, said in a recent letter to Davis urging him not to override the 1983 shield law.

"Repealing (the law) will result in California courts being flooded with exactly the kinds of cases the statute was intended to prevent -- lawsuits seeking to (hold) manufacturers of legal, non-defective firearms responsible for criminal shootings."

Other elements of the gun control package signed Wednesday included a law which adds city attorneys to the list of officials who have access to handgun registration information compiled by the Department of Justice.


TOPICS: Front Page News; Government
KEYWORDS: banglist; graydavis; gunmakers; liability
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To: concerned about politics
If only people would take note that the type of guns used in armed robberies and violent assault are usually cheap hunks of crap. Thugs and murderers don't use a M1911 all that often.
21 posted on 09/25/2002 8:33:36 PM PDT by Bogey78O
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To: Tumbleweed_Connection
*#&$^@(@*&%^^*!!!!! I hate this f'ing state, I hate this f'ing govenor!!!! Excuse my language but Davis would make the pope curse.
22 posted on 09/25/2002 8:39:54 PM PDT by goodieD
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To: Tumbleweed_Connection
That's IT! OK - all you California resident Freepers that keep defending your state - If this stands, and Davis wins the governor's office again - all of your comments in defense of that state is worthless.

Just another case of California trying to lead the US into a total Socialist state - ready to join the new world order and the UN.

Is it too late to revoke California's statehood?
23 posted on 09/25/2002 8:43:42 PM PDT by TheBattman
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To: Tumbleweed_Connection
I hope Davis gets re-elected and Kalifornia turns into a socialist hell. The people will finally get what they've been begging for all these years.

They'll have a world overrun with fags, illegal immigrants and homeless with no eletricity, no money, no property and no guns. All courtesy of Gray Davis, modern American Marxist.

24 posted on 09/25/2002 8:44:23 PM PDT by AAABEST
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To: goldstategop
...to make handguns so prohibitively expensive in California through an avalanche of lawsuits that gun manufacturers will just stop selling guns here.

I hope they do. I hope auto makers and all product manufacturers simply write California off and concentrate on states that are less unfriendly to free-market capitalism.

25 posted on 09/25/2002 8:46:34 PM PDT by Sloth
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To: Tumbleweed_Connection
And next auto manufacutres that are sued for allowing intoxicated people behind the wheel.. hey let's slap a warning on the visor of every car.. DO NOT OPERATE IF YOU ARE A DRUNKEN FOOL AND IF YOU ARE... YOU CAN SUE US ANYWAYS.

How do these people exist?
26 posted on 09/25/2002 8:53:27 PM PDT by Almondjoy
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To: Sloth
I hope they do. I hope auto makers and all product manufacturers simply write California off and concentrate on states that are less unfriendly to free-market capitalism.

Exactly. No guns, no SUVs, no tobacco, no sugar, no Christianity.
Let them wipe out each other.

27 posted on 09/25/2002 8:53:36 PM PDT by concerned about politics
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To: Tumbleweed_Connection
If the victims of violent crime can sue gun manufacturers for the ILLEGAL use of the firearms, then these same victims should be able to sue the state if the criminals are found to have been given early release.

Of course, it will never happen. However, all gun and ammunition manufacturers should immediately refuse to sell their products in the state. This SHOULD include law enforcement agencies.

Mark

28 posted on 09/25/2002 8:56:56 PM PDT by MarkL
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To: MarkL
I don't understand how these people could possibly want to be unarmed right now. There are hundreds of Al Quata sleeper cells in the US.
Davis is a really stupid man. Really stupid.
29 posted on 09/25/2002 9:05:49 PM PDT by concerned about politics
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To: demkicker
I repeat my standard advice:

Get the best semi-auto military-pattern rifle you can afford.

Learn to shoot it.

Put aside a few thousand rounds of ammunition.

Study tactics.

Decide where your line in the sand is, and what you'll do *when* it's crossed.

30 posted on 09/25/2002 9:06:30 PM PDT by PLMerite
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To: demkicker; Joe Brower

BLOAT, cache, and take names!


31 posted on 09/25/2002 9:09:17 PM PDT by Travis McGee
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To: concerned about politics
Don't forget that California is the state that sent the National Guard into the riots without any ammunition!

Mark
32 posted on 09/25/2002 9:12:18 PM PDT by MarkL
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To: Cicero
I agree with everything you said....except the tide turning thing. Our foes are still there, it's just that politics and war are not on their side at the moment. They'll be back. Our biggest opponent is continuing urbanization....always has been. Women voters too....my apologies to women who vote otherwise.
33 posted on 09/25/2002 9:31:20 PM PDT by wardaddy
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To: Cicero
It seems to me ... that the constitutionality of this new law is doubtful

It's another assault on the Constitution, something which has failed to impede politicians, or even break their stride, for too damned long.

Davis and his comrades are fully aware of its doubtful constitutionality, but they don't care.

34 posted on 09/25/2002 9:34:42 PM PDT by Marauder
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To: concerned about politics
If terrorists want sitting ducks, California is the place to go.

Yep, it's a target-rich environment for the bad guys...


35 posted on 09/25/2002 9:41:27 PM PDT by Cloud William
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To: concerned about politics
" swimming pool manufacturers kill more people than gun makers, if anyone is counting. Why not go after the product that kills the most first"

But swimming pools don't target lawyers in office massacres like those d*mnable Tec-9's . . .

36 posted on 09/25/2002 9:52:45 PM PDT by Crowcreek
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To: Tumbleweed_Connection
"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."

Cars are next!

37 posted on 09/25/2002 9:56:06 PM PDT by nightdriver
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To: Tumbleweed_Connection
Things are different here in Arizona. They stop you coming in at the border and ask you if you own a firearm. If you say "no", they give you one.
38 posted on 09/25/2002 10:03:17 PM PDT by Jeff Chandler
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Comment #39 Removed by Moderator

To: Tree of Liberty
"SEC. 9. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed."

Since when did that stop any money grubbing, power grabbing politician? Unless the general population wakes up and smells the coffee things look bad.

40 posted on 09/25/2002 10:05:57 PM PDT by blackbart.223
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