Skip to comments.“CASH FOR TRIAL LAWYERS”: Dems Gun Manufacturer Liability Bill Seems To Forget About Federal Law
Posted on 02/05/2013 7:29:58 PM PST by Red Steel
Legislative Democrats held a press conference today to announce 8 new gun control measures they are proposing, though they declined to actually release any of the bills in question. There are a number of terrible bills being proposed, but one in particular looks set to blow up in Democrats face based on existing federal law that stands in direct contradiction.
Per The Denver Posts Kurtis Lee:
Colorado Democrats said they will introduce bills that would hold makers and sellers of assault-style weapons legally liable for any harm gunmen inflicted with them in a news conference Tuesday in which they called for a long list of tough new gun-control laws.
The call to hold makers and sellers of assault-style guns appears to be in conflict with a federal law passed by Congress in 2005, according to David Kopel, a University of Denver law professor and Second Amendment expert.
The purpose of the (Protection of Lawful Commerce and Arms) act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products, Kopel said in a recent e-mail. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.
The Dems liability law is quickly becoming known as cash for trial lawyers as that is the only group that stands to benefit from the legislation. As Senator Brophy quipped to reporters, trying to hold gun manufacturers liable for gun violence is like trying to hold Coors responsible for drunk drivers.
If the law were to pass it would almost certainly be challenged in court, and overturned as the federal law protecting gun manufacturers from liability supersedes it. How many Colorado taxpayer dollars are Democrats willing to risk to defend a law that wont stand up to legal scrutiny?
Did the bill drafter even bother to perform a simple Google search before parceling out a big gift to trial lawyers?
Another Dumb Dem Colorado anti-gun bill.
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“OVER-CRIMINALIZATION: Just Firing a Gun to Be a Crime Now?
Published on January 24, 2013 by ColoradoPeakPolitics
It would be if Democratic freshman Representative Tom Foote from Boulder had his way. His new bill, HB1043, would change the language of current Colorado state law to say that firing a firearm is use of a deadly weapon no matter what the intent.
Ahhh, to be a freshman legislator and so blissfully unaware of unintended consequences. Foote says that the language change is necessary because it forces prosecutors to prove that a criminal had the intention of using a gun as a deadly weapon. But, Republican legislator from Wray, Greg Brophy, expressed concern that the way the bill currently reads is that just firing a gun would be use of a deadly weapon. The example that Brophy offered the Denver Post:
[Brophy] said people who are firing at a nearby gun range could be breaking the law if neighbors complain.
If youre firing a gun that scares somebody and you dont even know theyre around, that could be menacing, Brophy said. I just dont think he (Foote) understands the secondary stage consequences of changing this definition.
Unfortunately, intent is a key element in any criminal trial, and if it is too much trouble for prosecutors to also prove intent in crimes, then there might be a larger problem with the case.
Remember when swinging at pitches in batting cages also meant brandishing a deadly weapon? Yeah, we dont either. Democratic legislators would do well to bench this ridiculous legislation. “
I was at the Capitol today and got the dems handout. It’s a lot worse than described here. The handout says they will hold makers, users and owners strictly liable.
And proposing stupid legislation is oppression under the color of law no matter what the intent?
If youre firing a gun that scares somebody and you dont even know theyre around, that could be menacing,
And if you are threatening innocent American Citizens you don't even know with felonies and that scares them, that could be menacing?
See how easy this is?
I am curious what other pearls of genius Rep. Foote-in-Mouth can come up with?
Said, ‘CASH FOR TRIAL LAWYERS’; there are two living on this here block.....do you do pick-up or do I have to herd them some where special?
So hunting is breaking the law and firing a gun that scares an neighbor could be an liability risk?