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This was in today's (April 3) Charleston (W. Va. ) Daily Mail:
WASHINGTON — A key House committee today was to vote on legislation that, if approved, could have an impact on a lawsuit brought by two New Jersey police officers against a South Charleston gun dealer who sold a weapon used to wound the pair of detectives.
Sponsors, including all three West Virginia House members, say the bill would preempt “reckless†lawsuits against manufacturers and dealers, a back door effort at gun control.
Through the lawsuits, gun control advocates “are trying to do indirectly what they cannot do directly — ban guns in this country,†Rep. Alan Mollohan, D-W.Va., said.
The measure would prohibit civil liability actions from being brought against manufacturers, distributors, dealers or importers of firearms or ammunition for damages resulting from the misuse of their product by others. It also would block ongoing legal action.
Former Orange, N.J., police officer David Lemongello says a lawsuit he and fellow officer Kenneth McGuire have brought in Kanawha Circuit Court could fall victim to the new law. The two men have filed suit against Will’s Jewelry and Loan in South Charleston, alleging the pawn shop failed to use reasonable care to prevent the sale and delivery of a handgun to a convicted felon, who used the gun to shoot both officers several times.
The lawsuit contends a South Charleston woman, acting on behalf of another convicted felon, acquired several weapons, including the one that wounded McGuire and Lemongello, through a “straw purchase.â€
The pair, who can no longer work as police officers, are asking for payment for medical bills, lost wages and career opportunities and punitive damages.
“All we’re asking for is our day in court,†Lemongello told a House Judiciary subcommittee.
A person at Will’s Jewelry and Loan declined to comment, and the store’s attorney was not immediately available for comment.
But many of the bill’s backers, who include 247 House members and 52 senators, say the legislation is needed to curb lawsuits that ultimately could bankrupt the firearms industry. Neither West Virginia senator currently is a co-sponsor of the measure.
The measure is backed by the National Rifle Association and other gun rights groups. “We support it 100 percent,†said Dick Whiting of the West Virginia State Rifle and Pistol Association.
Manufacturers shouldn’t be held responsible for the actions of others, said Carlton Chen, a lawyer for Colt’s Manufacturing.
“There are many links in the chain between the manufacturer and the one who pulls the trigger,†Chen said.
Rep. Shelley Moore Capito, R-W.Va., said there already are laws on the books to protect victims of gun violence. “I see it as an issue of fairness,†she said.
The measure looked likely to pass last year, but suddenly was pulled from the agenda because of the Washington area sniper shootings. Opponents of the bill say it also could block a suit brought by sniper victim’s families against a Washington state gun dealer whose semi-automatic rifle was used in the shootings.
The lawsuits involve “clearly negligent conduct,†said Dennis Henigan, an attorney involved in both the sniper and West Virginia cases.
If approved, the bill would affect civil liability actions in federal and state courts.
The West Virginia Legislature recently passed a bill preventing counties and municipalities from filing suit against dealers or manufacturers. Gov. Bob Wise has signed the bill.
