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"dangerous attempt by Congress to shield gunmakers"

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jsalcedo

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http://www.philly.com/mld/inquirer/11378503.htm



Another spring brings yet another dangerous attempt by Congress to shield
gun-makers and dealers from negligence lawsuits.

Similar special-interest legal immunity for arms manufacturers went down in
flames a year ago - as should this attempt.

The 2004 bill was just as much a gift to the industry as proposed now. But
its authors were directed by the National Rifle Association to sink it when
two sensible gun-safety measures were added.

Chief sponsor Sen. Larry E. Craig (R., Idaho) scuttled his own creation
rather than permit renewal of the life-saving assault-weapons ban or mandate
background checks at all gun shows. Those troubling priorities remain in
place: Citizens' safety takes a backseat to protecting gun-makers.

Lawmakers leading the charge are emboldened by their recent victory in
imposing strict limits on class-action lawsuits over consumer, health and
discrimination claims.

Craig says his measure - cloaked innocuously as the Protection of Lawful
Commerce in Arms Act - merely seeks to stem frivolous lawsuits against
gun-makers. More likely, the proposal will protect the industry from
accounting for its deepest failings: Gun manufacturers have done too little
to stop rogue dealers from selling weapons that get into the hands of
criminals.

This region is awash in illegal handguns used in dozens of killings plaguing
the streets of Philadelphia and Camden. Blame a handful of gun dealers who
make sales to buyers who front for gun traffickers.

Even with ample testimony that gun-makers have been lax, gun victims have
had a hard time making such claims stick in court. The only successful
lawsuit has been the $2.5 million settlement against Bushmaster Firearms
Inc., of Maine, and a Tacoma, Wash., gun dealer on behalf of victims of the
Washington, D.C.-area snipers. So it's hardly as if the industry is
besieged.

Craig's immunity bill would scuttle similar claims, and more. Legal experts
contend the measure would cripple law enforcement efforts to root out
gun-trafficking dealers. After that, what incentive would be left for
gun-makers to police illegal sales or develop safer weapons?

No other industry enjoys the legal immunity proposed for gun-makers. In its
ads fighting this misguided measure, the Brady Campaign to Prevent Gun
Violence cleverly culls a quote from President Bush who, during the Terri
Schiavo case, vowed to "err on the side of life." By granting gun-makers
immunity, Congress would err on the side of death.
 
There are so many lapses in logic that it's killing me, but this one stands out:

"Gun manufacturers have done too little
to stop rogue dealers from selling weapons that get into the hands of
criminals."

Gee, and all this time I thought it was the job of the Police to enforce laws.

SO if a car dealer happens to sell a lot of cars to people who drive drunk, then Ford should stop selling cars to the dealer.
 
But
its authors were directed by the National Rifle Association to sink it when
two sensible gun-safety measures were added.
As I recall, these "sensible" measures were an extended AWB and a backdoor blanket ban on all centerfire rifle ammunition.
 
This is a "two-fer" for the left-wingers.

One, you have something pro-gun. Two, it affects an important constituency, trial lawyers.

I expect them to get even more shrill as the bill gets closer to a vote.
 
As I recall, these "sensible" measures were an extended AWB and a backdoor blanket ban on all centerfire rifle ammunition.
IIRC it was the "gunshow loophole" instead of the ammo ban.
 
I am not a tremendous fan of singling out the gun industry for special lawsuit immunity not extended to other manufacturers.

Why does the gun industry deserve protections not available to manufacturers of other items?
 
SO if a car dealer happens to sell a lot of cars to people who drive drunk, then Ford should stop selling cars to the dealer.
Actually, Ford could do that if it was proven that the dealer was negligent. They pull franchise rights all the time.

Greg
 
I am not a tremendous fan of singling out the gun industry for special lawsuit immunity not extended to other manufacturers.
Thats fine by me, give it to the rest of the manufactures as well. Maybe then we wont be reading about cities suing computuer compaines because of hackers.
 
I am not a tremendous fan of singling out the gun industry for special lawsuit immunity not extended to other manufacturers.

This is the starting point.

The gun industry has been unfairly targeted in a backdoor attempt at gun control.

There is a thinly disguised conspiracy to eliminate firearms from this country by any means possible including: legislation, lawsuits, BATFE abuses, media lies, hollywood, politically motivated police chiefs etc...

A law preventing junk lawsuits against gun makers is one way to protect our
rights as gun owners.

I agree that all manufacturers and dealers in legal products should not be held accountable on how they are used.

Note that this legislation does not stop lawsuits due to defective or unsafe products.
 
What I don't understand is why the pro-gun side has not tried to garner support from every other kind of manufacturer. If I was GM or Ford or IBM I'd be watching this kind of suit very carefully. Establish the precedent in the world of guns and now any other manufacturer is a target.
 
This was the Philadelphia paper I submitted the following question to the editor:

Yesterday you printed an editorial decrying an attempt to sheild gun manufacturers from frivolous lawsuits aimed at bankrupting the industry. Why don't you folks take the time to actually read the legislation before you print an editorial that is misleading, if not an outright lie. If you did you would see that the legislation does not protect them if they violate the law, enable criminals to obtain firearms, or violate any Bureau of Alcohol Tobacco and Firearms regulations in their dealings or if they make a deffective product. Are auto makers sued everytime a drunk driver misuses their products?? After all they could put a breathalizer interlock on every automobile ignition system and prevent these needless deaths. The problem is that you have a political agenda which includes disarming law abiding citizens who own hand guns for sporting and defensive purposes. Perhaps we should propose a law that would prevent news manufacturers from using deadly high capacity lying devices such as News papers and television for the dissemination of dangerous lies, after all the pen is mightier than the sword.

I will let you know if I get an answer to this :scrutiny:
 
"I am not a tremendous fan of singling out the gun industry for special lawsuit immunity not extended to other manufacturers."

I agree that all businesses and individuals should be immune to lawsuits based on the criminal use of lawful products.

"Why does the gun industry deserve protections not available to manufacturers of other items?"

Firearms sales are highly regulated by the federal government. Manufacturers may only sell firearms through federally licensed distributors and retailers.

When a firearm manufacture sells a gun to a federally licensed seller, the federal government has assumed the responsibility of making sure that retailer is a law abiding retailer.

The firearms industry should not have to spend money on the overhead of investigating if federally licensed dealers are possibly breaking the law. The retailers also don't have the authority to properly investigate dealers anyway. While manufacturers know how many firearms they shipped to a dealer, they do not know, and are not permitted to find out under federal law, who those guns were sold to.

These bogus lawsuits often seem to argue that firearms manufacturers should know they are shipping more firearms to an area than the legal market can account for. How do they know where those guns are going? The dealer could be selling them online and transferring them to another dealer in the purchaser's state. The manufacturer is not allowed to know such information under federal law.

If there is evidence of criminal activities by dealers, it's the federal government that has access to that information and is responsible to investigate it.

The firearms industry is already heavily regulated by the government, and as long as the manufacturers follow those laws, they should not be liable unless the product is defective. A gun firing a projectile when the trigger is pulled is not defective, it's performing it's designed purpose.
 
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