Milwaukee Journal Sentinel Editorial

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CommonSense

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http://www.jsonline.com/news/editorials/feb04/210870.asp

Editorial: A gunfight in Washington

From the Journal Sentinel
Posted: Feb. 28, 2004
The U.S. Senate is set to vote Tuesday on an awful bill that would shield the gun industry from lawsuits - a benefit that no other industry enjoys in America. An attempt is under way to attach to that stinker some worthy measures, including proposals to renew the soon-to-expire ban on assault weapons and to require background checks of buyers of firearms at gun shows.

Last week, the Senate did affix to the main bill a laudable proposal, which would require dealers to supply child-safety locks for handguns they sell - a victory for Sen. Herb Kohl, the Wisconsin Democrat who has long championed this rule. The other sponsor was Sen. Dianne Feinstein, a California Democrat.

On Tuesday, Kohl and Wisconsin's other senator, Russ Feingold, also a Democrat, should oppose the bad gun bill and back the good gun amendments. The House already has passed the unworthy bill, which would give all firms in the gun trade immunity from various kinds of lawsuits.

Consider, for example, the survivors of a Chicago shooting spree, in which two people died and nine others were wounded. They could not test in court the legal theory that, in selling 60 handguns to a single customer over two years, the gun shop was purposely skirting the law requiring background checks and, thus, should be held liable in part for the injuries under so-called common law. The customer, an obvious underground dealer, sold some of the weapons to the shooter, Benjamin Smith, a felon barred from buying firearms. We can't say whether the shop is liable, but we can say the issue is not frivolous and that the courts should not be prohibited from sorting it out.

The ban on assault weapons is surely a no-brainer. According to the Justice Department, the proportion of assault weapons traced to crimes has fallen by two-thirds since the ban took effect in 1994. The proposal, which enjoys broad backing among law enforcement officials, is simply to extend the ban another decade.

Likewise, closing the Brady Law's gun-show loophole makes a good deal of sense. The law requires background checks for firearms only of licensed dealers, not the unlicensed sellers who often participate in gun shows, to which many crime guns have been traced. The amendment, also backed by law enforcement leaders, would require background checks of all buyers at gun shows.

The strategy of the gun control proponents in the Senate is to weigh down the bad bill with sensible and popular gun regulations. The shield from lawsuits mustn't pass under any circumstances, even with the worthy amendments attached. No industry in America deserves such protection, which subverts justice. But enactment of the shield would be all the more reason to regulate the industry through statutes. The public could no longer rely on the regulation that comes when victims pursue their grievances under common law in the courts.
 
"The shield from lawsuits mustn't pass under any circumstances, even with the worthy amendments attached. "

Well then how are you going to get the 1994 AWB renewed geniuses?
 
FWIW, here was my letter to the editors last evening. If you happen to see warm climes in Hell, you'll know the letter was published.


*******

For many years, the Milwaukee Journal Sentinel has had a bias favoring gun-control legislation. As a large media conglomerate, such is the Journal Sentinel's prerogative.

The Sunday 2/29/04 editorial ("A gunfight in Washington"), however, showed either an incredible ignorance of the issue by the Editorial Board, or a wanton disregard of fact in favor of the Board's bias.

For nearly a decade groups such as the Brady organization and others, whose goal is to restrict or actually completely prohibit private firearms ownership, have been frustrated by their inability to achieve their goals legislatively.

These groups have turned to the courts, and have purposely sought courts sympathetic to their beliefs, to bring suit against manufacturers and distributors of entirely legal products for the misuse of those products by criminals. This strategy has already rippled throughout the judicial system as other groups have filed similar suits against food companies, restaurant chains, breweries and automobile manufacturers.

While the anti-gun groups have yet to achieve a judicial victory, they have succeeded in bleeding some firearms manufacturers dry, as the costs to defend such lawsuits have climbed into the hundreds of millions of dollars. Given that most firearms manufacturers are small businesses with fewer than 200 employees, it's not hard to figure out what the end goal of the anti-gun groups is: to bankrupt those companies. If they can't ban guns legislatively, they can at least drive the manufacturers out of business by judicial fiat.

The Journal Sentinel is complicit in this strategy when it repeats the lie that "no industry in America deserves such protection, which subverts justice." Does the Journal Sentinel know that precious few industries in America have a federal agency--in this case the Bureau of Alcohol, Tobacco and Firearms--which is entirely devoted to policing that industry?

Further, almost no other industry in America has an entire section of federal law--in this case Title 18 of US Code--which dictates how large or small a product may be, what materials the product can be made from, who may or may not buy that product, where it may or may not be shipped, how it may be shipped, who may manufacture it, and even more. Violation of any of the myriad chapters of Title 18 is a one-way ticket to five to ten years in a federal prison.

When was the last time an SUV buyer had to pass an FBI background check before purchasing a 4,000 pound vehicle? How many Mega-mart shoppers have to fill out forms in triplicate, and then wait two, three or even fifteen days before picking up their purchases while their applications are processed at state and federal levels?

The Protection of Lawful Commerce in Arms Act--SB659--does not absolve manufacturers, dealers or distributors from civil or criminal responsibility for defective products or illegal business practices. The bill's sole purpose is to stop anti-gun groups from using sympathetic activist courts to bankrupt manufacturers of perfectly legal products solely on the basis of the acts of criminals or criminal acts outside the control of those manufacturers, dealers or distributors.

An old saw says, "Be careful what you wish for. You just might get it." If the current trend toward suing those not responsible holds, the Journal Sentinel may find itself on the receiving end of a lawsuit alleging that one of its columnists drove a criminal to commit his act.
 
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