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Calif. Gunmaker Files for Bankruptcy


LOS ANGELES (AP)--A California gunmaker targeted in lawsuits by cities
seeking to recoup the costs of gun-related violence has filed for bankruptcy
protection, raising concerns that other weapons manufacturers named in the
lawsuits will follow the same path to escape big payouts.

Davis Industries, a Chino, Calif.-based company that produces small, cheap
handguns known as Saturday night specials, filed for Chapter 11 protection
in May.

The move has alarmed attorneys representing cities that have sued Davis and
more than a dozen other gunmakers.

``It's a no-win situation for everybody. The industry would basically be run
by a bankruptcy judge and our suits would be put on hold until the industry
is reorganized by the court,'' said lawyer John Coale, who sued gunmakers on
behalf of New Orleans, Cincinnati, Cleveland and Newark, N.J.

A call seeking comment from Davis Industries was not returned Thursday.

Cities including Los Angeles, Chicago and New Orleans filed the suits,
accusing gunmakers of failing to equip weapons with adequate safety devices,
and marketing them in ways that allow firearms to fall into the hands of
criminals.

The cases are patterned after lawsuits that forced cigarette makers to pay
some $246 billion over the next 25 years to reimburse states for the costs
of treating tobacco-related illnesses.

Doug Painter, executive director of the Washington-based National Shooting
Sports Foundation, said there has been no indication that gun companies are
collectively considering bankruptcy as a legal strategy.

``Never has it been brought up by any of our member companies,'' he said.

The owner of a California gunmaker, however, said bankruptcy would provide
the firearms industry with some clear advantages.

``I think what Davis is doing is probably a good idea,'' said Jim Waldorf of
Lorcin Engineering, a Mira Loma-based company. ``When you have a multitude
of things that have no merit on the evidence, it's best for it to be decided
in a federal arena rather than in several jurisdictions.''

Once a defendant files for protection, the lawsuits move into federal
bankruptcy court where the judge ultimately approves a reorganization plan
for the company and decides where to allocate its money.

Plaintiffs who win their lawsuits join other creditors in trying to collect.
Even if the company wants to offer a settlement, the other creditors and the
bankruptcy judge typically have a say in whether it will be approved.

Waldorf said Lorcin won't file for bankruptcy. The company emerged from
Chapter 11 protection only six months ago after being hit with two dozen
product liability suits, he said.

Pressure from the lawsuits has prompted the National Shooting Sports
Foundation to hold talks with the municipalities and their attorneys about
technical issues, such as the viability of safety technologies that the
lawsuits advocate.

``It's not settlement talks; it's opening discussions to clarify what we
believe is a tremendous amount of misinformation and misunderstanding in the
lawsuits themselves,'' Painter said.

As an example, Painter referred to ``smart'' gun technologies that the
lawsuits accuse gunmakers of refusing to adopt. Such guns would fire only
after recognizing the owner's voice or palm prints.

So far, no one has been able to make such a device small or rugged enough to
fit inside a handgun, Painter said.

Coale did not believe the talks would lead to a settlement.

``I'm pessimistic now that the moderates in either camp are going to
prevail,'' he said. ``We're probably going to go to war.''

Tobacco companies entered their legal battle with the states as a unified,
prosperous industry. Gun companies, by contrast, don't have as much money
and have failed to reach a united legal strategy. Aside from the
foundation-sponsored discussions, they have chosen to deal with the cities'
lawsuits individually.

The gun industry comprises mostly small companies with annual revenues in
the $2 billion to $3 billion range. The only publicly traded company, Sturm
Ruger & Co. Inc., reported earnings of $8.4 million on revenues of $62.9
million for the first quarter of 1999.

Gun sales fell sharply after peaking in 1993, when Americans responded to
the 1992 Los Angeles riots and proposed gun-control laws by buying thousands
of new weapons.

But industrywide sales in 1999 are on the rise, Waldorf said, because of new
restrictions being considered in the wake of the Columbine High School
massacre.

``Gun control always spurs sales,'' he said.


AP-NY-06-25-99 0309EDT

Copyright 1999, The Associated Press. The information contained in the AP
Online news report may not be published, broadcast or redistributed without
the prior written authority of The Associated Press.



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