Liberal Democrats Threaten Filibuster of Gun Suit
Bill
Capitol Hill -- Six liberal Senate Democrats have
threatened to filibuster a bill that would prohibit lawsuits against gun
makers, dealers, sellers and importers for the illegal actions of
criminals who misuse their products.
An identical bill blocking such suits has already passed
the House of Representatives by a two-to-one vote, and the Senate proposal
already had 52 cosponsors when it was introduced.
"We're going to work and do all we can to make sure
that this legislation does not become law," Sen. Jack Reed (D-R.I.)
warned.
"We're preparing for the possibility of a
filibuster," he added. "I'm not sure we have 41 votes yet. I am
sure that they don't have 60 votes yet."
Reed and other opponents claim the Protection of
Lawful Commerce in Arms Act (S. 659).would make it all but impossible
to sue a gun manufacturer, distributor, dealer or importer regardless of
what rules, regulations or laws they violate.
"I particularly want to thank my colleagues for
joining me here today as we stand up in opposition to unprecedented
legislation that would give the gun industry immunity from civil
liability," Reed said.
His colleague, Sen. Barbara Mikulski (D-Md.),
echoed that characterization of the bill.
"If this legislation passes, a family could go to
court over defects in a toy gun but not a real gun," Mikulski
claimed.
"This bill, with narrow exceptions, would
essentially give the gun industry blanket immunity from civil liability
cases," added Sen. Dianne Feinstein (D-Calif.).
The proposal is also opposed by Senate Democrats Jon
Corzine (D-N.J.), Frank Lautenberg (D-N.J.) and Charles
Schumer (D-N.Y.).
"The lawsuits that would be barred by this bill
include product liability and unsafe gun design cases, negligent
distribution and deceptive marketing," Feinstein added.
Supporters of the bill merely point to its language in
response.
The Protection of Lawful Commerce in Arms Act
specifically lists the types of lawsuits that would not be prohibited,
including those for:
Physical injuries or property damage resulting
directly from a design or manufacturing defect of the gun [product
liability], when used as intended;
Negligence, including negligently distributing a
gun to someone the seller knew or should have known was likely to and did
use the gun "in a manner involving unreasonable risk of physical
injury;" and
Willfully violating state or federal law
regulating the sale or marketing of a gun, if that violation was the cause
of the injury for which relief is sought.
In fact, the only lawsuits not allowed by the
legislation are those "brought by any person against a manufacturer
or seller of a [gun], or a trade association, for damages resulting from
the criminal or unlawful misuse of a [gun]" by the recipient or any
third party.
Ted Novin, spokesman for the National
Rifle Association, is not surprised by what he called the
senators' "misrepresentation" of the bill.
"The senators have either not read the proposed
legislation, or they are intentionally misleading the American people
about this common sense measure," Novin said. "Given Dianne
Feinstein and Chuck Schumer's disdain for the Second Amendment rights of
all law-abiding Americans, I'm inclined to believe it's the latter."
Many Second Amendment supporters believe the lawsuits
that would be banned under the proposal - filed against gun makers rather
than the criminals who misuse their products or against gun dealers rather
than private citizens who leave their firearms accessible to children -
are an attempt to bankrupt the firearms industry, imposing by default the
gun ban on Americans that the senators have tried but been unable to
achieve through legislation.
Noting that there has been a flurry of such lawsuits
whose sole aim has been to bankrupt the gun industry, supporters of the
bill explained that at least 33 municipalities, counties and states have
sued gunmakers since 1998, with many claiming that manufacturers allowed
weapons to reach criminals because of irresponsible marketing, the Washington
Times reported.,
Chris Cox, the NRA's chief lobbyist, told the
Washington Times that the bill is aimed at protecting legal manufacturers
from being held responsible for the illegal actions of criminals. "It
doesn't protect those who break state or federal laws," he said.
"It doesn't close the door to anyone" filing claims against
wrongdoers.
Passing the gun manufacturers' liability bill was the
NRA's top legislative priority this year, Cox explained. The liability
bill is one of a few gun-related issues to arise in a Congress where
gun-control advocates, faced with a Republican president and a
GOP-controlled House and Senate, are on the defensive.
On another gun issue, the Times notes that President
Bush has given his "qualified support for extending the 10-year
ban on assault weapons enacted in a 1994 law,' but House Majority Leader Tom
DeLay, R-Texas, has warned Democrats they would not have the votes in
the House for any attempt to expand the weapons listed under the ban.
Gunblast readers, this is a call to arms!
If any of you are unfortunate enough to be
constituents of the above-named Senators, contact
them IMMEDIATELY and express your support for the 2nd Amendment.
It'll probably be like talking to a fencepost at best, but if they hear
from a significant number of constituents they'll start to worry about
saving their sorry hides!
The rest of us need to contact
our Senators as well to let them know where we stand on the issue.
If your Senators are supporters of the Constitution, as our Tennessee
Senators thankfully are, let them know that you appreciate their support!
If your Senators are "fence-sitters", let them know that you'll
fire them if they come down on the wrong side of this critical issue.
Last, but certainly not least, if you are not a
member of the NRA, JOIN NOW!
If you are a current NRA member, thank you! Renew
your membership, upgrade your membership, and donate to the cause.
Without the NRA, our firearms freedoms would be LONG GONE. The NRA is our
"muscle" and our voice in Washington, and they need our full
support!
Boge Quinn
