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http://www.cmonitor.com/stories/news/state2003/071603_gun_bill_2003.shtml
Benson signs gun legislation
Bill restricts dealer, manufacturer liability
Wednesday, July 16, 2003
By NORMA LOVE
..............................
Gov. Craig Benson signed a bill into law yesterday that protects gun manufacturers and sellers from being sued when criminals use their products.
The new law limits the liability of manufacturers, distributors, dealers and importers of guns and ammunition from harm caused by misuse. The law also protects access to guns and ammunition for lawful uses. It takes effect Jan. 1.
Since 1998, more than two dozen cities, counties and states have sued gun manufacturers, many claiming the manufacturers allowed weapons to reach criminals because of irresponsible marketing.
Many suits have been dismissed or dropped, but Congress is considering legislation to protect gun manufacturers and sellers from lawsuits anyway.
The White House and the National Rifle Association support federal protections. The four members of New Hampshire's congressional delegation are co-sponsors of the legislation.
The NRA regards the lawsuits as a backdoor attempt to ban guns. The association has made enacting the federal legislation a top priority.
Supporters argue that consumers still can sue if the product is defective or if the manufacturer or seller commits a felony that leads to harm.
Opponents counter that the industry should not be protected from lawsuits if it could have prevented guns and ammunition from being sold to criminals.
Last month, a Manhattan federal appeals court dismissed a similar argument in a lawsuit brought by the state attorney general against gun manufacturers. The court affirmed a lower court ruling.
The lawsuit claimed the manufacturers knowingly contributed to a flood of illegal guns into New York that resulted in injuries and deaths.
The federal court said it was "legally inappropriate, impractical and unrealistic" to require gun manufacturers to take unspecified steps to lessen the availability and criminal use of handguns.
The case is similar to another recent lawsuit brought in U.S. District Court in Brooklyn by the National Association for the Advancement of Colored People. The civil rights group alleged that gun manufacturers knew corrupt dealers were selling firearms to criminals in minority communities and did nothing to stop it.
The NAACP sought to force distributors to restrict sales to dealers who have storefront outlets, prohibit sales to gun show dealers and limit individual purchasers to one handgun a month.
In May, a federal jury determined 45 gun manufacturers and distributors should not be held liable. The jury was unable to reach a verdict regarding 23 other defendants. A final decision by a federal judge is pending.
Wednesday, July 16, 2003
Benson signs gun legislation
Bill restricts dealer, manufacturer liability
Wednesday, July 16, 2003
By NORMA LOVE
..............................
Gov. Craig Benson signed a bill into law yesterday that protects gun manufacturers and sellers from being sued when criminals use their products.
The new law limits the liability of manufacturers, distributors, dealers and importers of guns and ammunition from harm caused by misuse. The law also protects access to guns and ammunition for lawful uses. It takes effect Jan. 1.
Since 1998, more than two dozen cities, counties and states have sued gun manufacturers, many claiming the manufacturers allowed weapons to reach criminals because of irresponsible marketing.
Many suits have been dismissed or dropped, but Congress is considering legislation to protect gun manufacturers and sellers from lawsuits anyway.
The White House and the National Rifle Association support federal protections. The four members of New Hampshire's congressional delegation are co-sponsors of the legislation.
The NRA regards the lawsuits as a backdoor attempt to ban guns. The association has made enacting the federal legislation a top priority.
Supporters argue that consumers still can sue if the product is defective or if the manufacturer or seller commits a felony that leads to harm.
Opponents counter that the industry should not be protected from lawsuits if it could have prevented guns and ammunition from being sold to criminals.
Last month, a Manhattan federal appeals court dismissed a similar argument in a lawsuit brought by the state attorney general against gun manufacturers. The court affirmed a lower court ruling.
The lawsuit claimed the manufacturers knowingly contributed to a flood of illegal guns into New York that resulted in injuries and deaths.
The federal court said it was "legally inappropriate, impractical and unrealistic" to require gun manufacturers to take unspecified steps to lessen the availability and criminal use of handguns.
The case is similar to another recent lawsuit brought in U.S. District Court in Brooklyn by the National Association for the Advancement of Colored People. The civil rights group alleged that gun manufacturers knew corrupt dealers were selling firearms to criminals in minority communities and did nothing to stop it.
The NAACP sought to force distributors to restrict sales to dealers who have storefront outlets, prohibit sales to gun show dealers and limit individual purchasers to one handgun a month.
In May, a federal jury determined 45 gun manufacturers and distributors should not be held liable. The jury was unable to reach a verdict regarding 23 other defendants. A final decision by a federal judge is pending.
Wednesday, July 16, 2003