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WSJ: Gun Liability Control - The NRA meets the trial bar at high noon.
opinionjournal.com ^ | July 27, 2005 | Editorial

Posted on 07/27/2005 4:48:44 AM PDT by OESY

...Senate Republicans say they have 60 votes to pass the Protection of Lawful Commerce in Arms Act, which would protect gun makers from lawsuits claiming they are responsible for crimes committed with their products. The support includes at least 10 Democrats, which speaks volumes about the political shift against "gun control" in recent years.

The "assault weapons ban" expired with a whimper last year. State legislatures have been rolling back firearm laws because the restrictions were both ineffectual and unpopular. Gun-controllers have responded by avoiding legislatures and going to court, teaming with trial lawyers and big city mayors to file lawsuits blaming gun makers for murder. Companies have been hit with at least 25 major lawsuits, from the likes of Boston, Atlanta, St. Louis, Chicago and Cleveland....

Which seems to be part of the point. The plaintiffs have asked judges to impose the sort of "remedies" that Congress has refused to impose, such as trigger locks or tougher restrictions on gun sales. Some mayors no doubt also hope for a big payday....

Gun makers have yet to lose a case, but these victories have cost more than $200 million in legal bills....

Congress has every right to stop this abuse of the legal system, all the more so because it amounts to an end-run around its legislative authority. A single state judge imposing blanket regulations on a gun maker would effectively limit the Second Amendment rights of gun buyers across the nation. Liability legislation would also send a message that Congress won't stand by as the tort bar and special interests try to put an entirely lawful business into Chapter 11.

The gun makers aren't seeking immunity from all liability; they would continue to face civil suits for defective products or for violating sales regulations....

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Business/Economy; Culture/Society; Editorial; News/Current Events; Politics/Elections
KEYWORDS: arms; bang; banglist; guns; lawfulcommerce; s396; secondamendment; smithwesson; triallawyers

1 posted on 07/27/2005 4:48:46 AM PDT by OESY
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To: OESY

Gun-makers should have full protection from liability for crimes committed with the product that they make. So should any manufacturer. I can commit a crime with a car, a knife, a rope, an aerosol paint can....you name it.

The product is not made with the intent that crimes be committed with it.

They should not have liability from defects in their products.


2 posted on 07/27/2005 4:58:52 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: OESY

The NRA...the oldest, and BY FAR the largest, Civil Rights organization in the world! Focused on the 2nd Amendment and related issues. Join today!


3 posted on 07/27/2005 6:09:39 AM PDT by 2harddrive (...House a TOTAL Loss.....)
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To: OESY
State legislatures have been rolling back firearm laws because the restrictions were both ineffectual and unpopular.

Someone tell that to the moron legislators in California. For them, it's full speed ahead with more iditoic gun control laws.

4 posted on 07/27/2005 7:10:07 AM PDT by jrp
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To: jrp
Someone tell that to the moron legislators in California. For them, it's full speed ahead with more iditoic gun control laws.

Also: Maryland; New Jersey; New York; Illinois; Massachusetts...you know, all those BLUE states.

5 posted on 07/27/2005 2:11:28 PM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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