cuchulainn
Member
from the St. Louis Post Dispatch
http://www.stltoday.com/stltoday/ne...nate+endorses+ban+on+suits+against+gun+makers
http://www.stltoday.com/stltoday/ne...nate+endorses+ban+on+suits+against+gun+makers
Missouri Senate endorses ban on suits against gun makers
By Paul Sloca
Associated Press Writer
02/25/2003 03:55 PM
JEFFERSON CITY, Mo. (AP) -- The Senate gave initial approval Tuesday to a bill barring governments from suing gun manufacturers, a measure the sponsor said is intended to stop a lawsuit filed by the city of St. Louis.
The legislation, sponsored by Senate President Pro Tem Peter Kinder, was approved by voice vote after heated debate. The bill requires a final Senate vote before moving to the House for consideration.
A lawsuit filed more than three years ago by the city of St. Louis against gun manufacturers seeks to recover millions of dollars spent on dealing with gun violence.
Still pending in federal court, the lawsuit alleges that the firearms industry historically opposed laws on gun safety devices, gun warnings and tighter regulation of gun sales.
Kinder, R-Cape Girardeau, called the lawsuit ``bogus.''
``This bill will send an important message that we don't want these frivolous lawsuits in Missouri,'' said Kinder, who sponsored a similar bill that cleared the Senate two years ago but never received a House vote.
Kinder's legislation would prohibit cities, towns and the state from suing gun manufacturers.
In addition, the bill would place into state law an assertion that the ``lawful design, marketing, manufacture, distribution or sale of firearms or ammunition to the public is not an abnormally dangerous activity and does not constitute a public or private nuisance.''
Opponents of the legislation include Sen. Ken Jacob, D-Columbia and Sen. Pat Dougherty, D-St. Louis.
Jacob said that, contrary to Kinder's assurances, the bill could prevent individuals from suing gun manufacturers in cases where weapons were used improperly.
``You take more rights away from municipalities than you give to individuals,'' said Jacob, whose amendment to clarify an individual's right to sue was defeated 23-10. ``We're talking about the rights of victims and families.''
Dougherty said he was concerned that the bill would halt the lawsuit by St. Louis. An amendment by Dougherty to exempt the St. Louis lawsuit from bill failed on a 22-9 vote.
``There is no reason why this General Assembly should have the right to take away their day in court,'' said Dougherty, who also was concerned about the bill's impact on people affected by gun violence.
``We are doing something that will come back to haunt us,'' Dougherty said.
An amendment by Sen. Mary Bland, D-Kansas City, to require gun locks on firearms was ruled out of order by Kinder.
Kinder said he believed that most people oppose litigation aimed at the gun industry.
``There aren't many defenders of these lawsuits outside the few, zealous anti-gunners from the big cities,'' Kinder said.
Gun issues continue to have a significant presence in the Capitol.
A House committee last week endorsed legislation allowing Missourians to get permits to carry concealed guns. A similar measure was heard Tuesday by a Senate committee.
The Legislature's Republican majority has said that concealed weapons legislation is a priority. Gov. Bob Holden has indicated in the past that he would likely veto such legislation.