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Gun Makers Lose Key Liability Shield in California
Reuters ^ | 9/25/02 | Andrew Quinn

Posted on 09/25/2002 7:15:55 PM PDT by Tumbleweed_Connection

California Gov. Gray Davis signed a package of new gun control bills Wednesday, including the first state law in the nation to strip gunmakers of a key legal shield against liability lawsuits brought by victims of gun violence.

"No industry should be allowed to hide from its own harmful conduct, and except for gun manufacturers, no industry is," Davis said in a statement. "Current laws shield a gun manufacturer from its own negligence. These new laws strip away that shield."

Davis, a Democrat who faces reelection in November, had previously vowed to go slow on new gun control legislation after signing a raft of gun control measures during his first year in office.

But he said Wednesday that the new laws were an important step toward making California's gun safety laws -- already the toughest in the nation -- even stronger.

"A LEGAL EARTHQUAKE"

Gun control advocates hailed the new laws as a "legal earthquake" for the gun industry, which has come under legal attack in recent years by plaintiffs seeking to blame it for America's epidemic of gun violence.

"Gun makers are going to face judgement day," said Luis Tolley, California spokesman for the Brady Campaign to Prevent Gun Violence.

"They will no longer be able to hide from the courts and escape legal accountability when they engage in dangerous and irresponsible conduct that hurts and kills people."

The centerpiece of Wednesday's legislation was a bill repealing a 1983 state law which has protected gun makers against certain liability claims for damage caused by criminals wielding their weapons.

Spurred by a lawsuit brought by survivors of a 1993 San Francisco office massacre, in which a gunman murdered eight people with a TEC-9 assault pistol, Davis' repeal overrides a 2001 decision by California's state Supreme Court which upheld the legality of the 1983 immunity law.

Gun control advocates had accused the maker of the TEC-9, Miami-based Navegar, Inc., with criminal negligence, saying it had manufactured and marketed the weapon specifically to appeal to potential killers by touting its "fingerprint resistance" and massive firepower.

A HIGHER STANDARD?

Gun manufacturers, who lobbied hard against the California bill, say they are already subject to existing product liability laws covering everything from defective products to negligent sales practices.

Now, they say, they will be held to a higher standard than other manufacturing industries -- liable for criminal misuse of legal products that are not in themselves defective.

"Some products, knives and firearms for example, must by their very nature be dangerous in order to function. The mere fact of injury does not entitle the injured person to recover from the manufacturer," Lawrence Keane, general counsel of the Sporting Arms and Ammunition Manufacturers' Institute, said in a recent letter to Davis urging him not to override the 1983 shield law.

"Repealing (the law) will result in California courts being flooded with exactly the kinds of cases the statute was intended to prevent -- lawsuits seeking to (hold) manufacturers of legal, non-defective firearms responsible for criminal shootings."

Other elements of the gun control package signed Wednesday included a law which adds city attorneys to the list of officials who have access to handgun registration information compiled by the Department of Justice.


TOPICS: Front Page News; Government
KEYWORDS: banglist; graydavis; gunmakers; liability
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    "Repealing (the law) will result in California courts being flooded with exactly the kinds of cases the statute was intended to prevent..."

1 posted on 09/25/2002 7:15:55 PM PDT by Tumbleweed_Connection
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To: Tumbleweed_Connection
The reason the gunbanners passed this repeal and that Governor Davis signed it into law as a nod to his party's liberal base is to make handguns so prohibitively expensive in California through an avalanche of lawsuits that gun manufacturers will just stop selling guns here. Its de facto prohibition they're after.
2 posted on 09/25/2002 7:20:51 PM PDT by goldstategop
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To: Tumbleweed_Connection

CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS

SEC. 9. A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.


3 posted on 09/25/2002 7:21:56 PM PDT by Tree of Liberty
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To: Tumbleweed_Connection
The line has been drawn in the sand, folks. The fight has just begun. Get ready.
4 posted on 09/25/2002 7:23:00 PM PDT by demkicker
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To: goldstategop
Plus I assume that the trial lawyers kicked into Davis's campaign fund. A lot of them were hoping that guns would be the next tobacco, off of which they made billions of dollars in legal fees. But in spite of this move by Davis I think that tide has turned. It seems to me as a legal amateur that the constitutionality of this new law is doubtful, because it amounts to a wrongful and discriminatory taking away of property from the gun manufacturers.
5 posted on 09/25/2002 7:24:56 PM PDT by Cicero
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To: goldstategop; *bang_list
See also here for more information.
6 posted on 09/25/2002 7:25:38 PM PDT by SteveH
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To: Cicero
Would a trial lawyer be liable for bringing an action after being notified of the clearly unconstitutional nature of the ennabling statute?
7 posted on 09/25/2002 7:28:29 PM PDT by Carry_Okie
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To: Tumbleweed_Connection
this gets funnier every day.
we just gotta re-elect this guy...

wanna watch the demo's, homo's, n mexicans follow him over the cliff....
then all my tax dollars will have been worth it...

8 posted on 09/25/2002 7:32:21 PM PDT by hoot2
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To: Tumbleweed_Connection
It's time for a boycott of Kalifornia by gun owners - and all other social conservatives.

Make them pay for their communism. Take your next vacation somewhere in Red Nation - not at Disney. And cut Hollyweird's profitability by not going to the movies nor buying CDs. Eat Florida citrus rather than Kalifornia's.

Scandals of antigun politicians and activists

9 posted on 09/25/2002 7:32:40 PM PDT by glc1173@aol.com
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To: goldstategop
Well, de facto prohibition is one thing, but we all know how well another Prohibition worked. There will be a thriving "import business" in firearms of all kinds coming through the Mexican border, and perhaps also the Arizona, Nevada and Oregon borders. Of course the gunrunners will be desperados of sorts.

Soon a Mafia-type organization would spring up to run the "business". Then you WOULD have lawless gangs everywhere armed to the teeth, while the law-abiding sheeple cowered in their homes. The leftists would be begged to "protect" the sheeple from guns. They would respond by making it a felony to use a gun to defend yourself or your family from an attacker for any reason. Then all the defender's property would be forfeit to the state coffers, to be redistributed to those mafia-type buddies of the leftists.

Yep! The pinkos have a plan to subjugate the poorly educated sheeple. What's sad is that most of them never can be made to see what's coming.

10 posted on 09/25/2002 7:34:57 PM PDT by petuniasevan
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To: petuniasevan
hmmmmmmm... maybe a shopping trip in CA might be in order in the near future...
11 posted on 09/25/2002 7:42:51 PM PDT by Teacher317
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To: petuniasevan
The leftists would be begged to "protect" the sheeple from guns. They would respond by making it a felony to use a gun to defend yourself or your family from an attacker for any reason.

If anyone doubts this possibility, this is now current law in the UK.

12 posted on 09/25/2002 7:52:47 PM PDT by rightofrush
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To: Tumbleweed_Connection
"Gun makers are going to face judgement day," said Luis Tolley, California spokesman for the Brady Campaign to Prevent Gun Violence.

"If you have not a sword, sell your cloak and buy one." -- Jesus Christ.

Brady will also face judgement day and face all those who were killed because they were unarmed thanks to her. Innocent blood is on HER hands.

13 posted on 09/25/2002 7:53:13 PM PDT by concerned about politics
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To: Tumbleweed_Connection
They will no longer be able to hide from the courts and escape legal accountability when they engage in dangerous and irresponsible conduct that hurts and kills people."

Then swimming pool manufacturers kill more people than gun makers, if anyone is counting. Why not go after the product that kills the most first, and don't worry about the guns. The right to bear arms, remember?
I hope Davis hangs at the voting booths for this. Terrorists know exactly where to go to open fire on groups of innocent people. They know no one is armed. Ca. is setting itself up for a possible slaughter.
If terrorists want sitting ducks, California is the place to go.

14 posted on 09/25/2002 7:58:42 PM PDT by concerned about politics
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To: petuniasevan
Then all the defender's property would be forfeit to the state coffers, to be redistributed to those Mafia-type buddies of the leftists.

Very astute. Few people realize that the Left is, indeed, a party of thugs. These socialist's, through State legal machinery, steal from the public and enrich themselves.

15 posted on 09/25/2002 7:59:00 PM PDT by elbucko
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To: Tumbleweed_Connection
UNREAL!! Tobacco, Fast Food, now guns!! Are these people asking for another civil war? Probably, then they can call for marshall law.
16 posted on 09/25/2002 8:08:21 PM PDT by BriarBey
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To: Tumbleweed_Connection
Simon is running against davis, no? He should mention the fact that in the wake of the latest terrorists threats, the people of California are now defenceless thanks to Davis. Their ability to even buy a protective firearm would be impossable. Gun manufacturers cannot sell self-defence in California. It's bad for their business. Davis will have to be there to protect them when Al Quata bullets fly. That should open some eyes.
17 posted on 09/25/2002 8:09:02 PM PDT by concerned about politics
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To: Tumbleweed_Connection
Davis, a Democrat who faces reelection in November, had previously vowed to go slow on new gun control legislation after signing a raft of gun control measures during his first year in office.

Looks like he broke another vow. This guy is the California Clinton.

In a year, the only way you'll be able to buy a gun in California is out of the back of a van.

But there will be plenty of these vans, so prices will probably be lower than they are now.

Score another victory for the Crime Lobby and its supplicants.

18 posted on 09/25/2002 8:20:19 PM PDT by Imal
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To: Tumbleweed_Connection
"They will no longer be able to hide from the courts and escape legal accountability when they engage in dangerous and irresponsible conduct that hurts and kills people."

What conduct is that, exactly? They don't use the guns. They don't make unsafe or defective guns. They don't encourage the misuse of their product or lead people around by the hand to ensure that the product isn't misused. What conduct do they engage in that is "dangerous and irresponsible"?

As I see it, they make a tool. And, much like any other tool, it can be abused, damaged, neglected, or used for nefarious purposes. But that says a lot more about the idiot behind the trigger than it does the tool, does it not?

Oh, wait! I forgot I was addressing these remarks to people who already have their minds made up. Logic and common sense have no place in this discourse! What COULD I have been thinking!!??

19 posted on 09/25/2002 8:20:34 PM PDT by IronJack
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To: IronJack
What conduct is that, exactly? They don't use the guns. They don't make unsafe or defective guns. They don't encourage the misuse of their product or lead people around by the hand to ensure that the product isn't misused. What conduct do they engage in that is "dangerous and irresponsible"?

Put a warning label on the gun that says "Not intended to be used for crimminal activity."

20 posted on 09/25/2002 8:28:48 PM PDT by concerned about politics
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