Gun Protection Bill Expected to Pass
By Jason Barnes, NewsMax.com Wednesday, Oct. 19, 2005 WASHINGTON -- After six years of trying, Republicans in the House of Representatives are expected to pass the Protection of Lawful Commerce in Arms Act this week. The measure, already passed by the Senate, will protect manufacturers and sellers of firearms from lawsuits arising out of the criminal acts of third-parties. In recent years, trial attorneys and public interest groups pushing gun control have used the courts as a way to inflict damage on the firearms industry. Just this past week, the pro-gun control Brady Center to Prevent Gun Violence filed a lawsuit on behalf of the widow of a North Carolina Sheriff's Investigator, charging that a gun shop's negligence helped arm his killer. The suit claims that a local North Carolina pawn shop "negligently and illegally sold the murder weapon to an obviously dangerous person." Representative Cliff Stearns (R-FL), the House sponsor of the bill, believes it is necessary to protect gun manufacturers, dealers, and distributors from frivolous lawsuits filed by gun control advocates. "These folks," Stearns says, "have failed in the legislative process and so now they're abusing the judicial process to achieve their goals by suing the gun manufacturers rather than going after the violent criminals." The pro-gun control Brady Center disagrees. Spokesperson Zach Ragborn explains, "We oppose the bill because it makes the assumption that simply by getting a firearms distribution license, one is absolved of all liability for anything they do. Essentially, this bill provides blanket immunity for everyone in the firearms industry, bad apples and all." Supporters of the bill contend the Brady Center's objections are disingenuous. "The Brady Center is not being honest at all," alleges Alan Gottlieb, Chairman of the Citizens Committee for the Right to Keep and Bear Arms. "They are using a whole lot of smoke and mirrors, claiming the bill does things it does not do." Gottlieb points to a section of the bill that carves out exceptions from immunity for manufacturers and sellers. He notes that the bill still allows suits for product defects, negligence per se, and, more importantly from the Brady Center's point of view, "negligent entrustment." He explains, "If a gun dealer were to break the law and knowingly sell firearms to someone who is going to misuse them or illegally resell them, he is going to be civilly liable under state law and criminally liable under federal law." Peter Hamm, an attorney with the Brady Center, still worries that the exceptions are too narrow. He points to the case of the Washington D.C. sniper as an example. In that case, Bull's Eye Shooter Supply - a gun distributor -- agreed to a $2.5 million settlement with the families of the D.C. sniper victims. The victims' case was predicated upon alleged negligence in Bull's Eye's failure to adequately safeguard its supply of guns or comply with state and federal regulations. This case, Hamm contends, would likely have been thrown out before settlement or trial as there would have been no serious claim under the new statute. All sides expect the bill to pass. Congressmen Stearns notes that the bill has 257 co-sponsors and is subject to a closed rule, meaning there will be an up or down vote on the bill as is. The bill is strongly backed by the National Rifle Association. But the Brady Center says even if President Bush signs the bill - which he is expected to do, they will challenge it. "We won't just fold up shop and go home," promises Hamm, "We'll challenge the bill's constitutionality on the grounds of separation of powers and states' rights. There's likely to be a lengthy legal battle." The bill does have one provision that all sides of the gun issue support. The Protection of Lawful Commerce in Arms Act includes a provision for child safety locks on firearms. The Kohl Amendment, named after its sponsor, Senator Herb Kohl (D-WI), mandates that gun manufacturers and sellers provide gun purchasers with a secure gun storage or safety device. [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> Fair play? Video games influencing politics. Click and talk back! http://us.click.yahoo.com/VpgUKB/pzNLAA/cUmLAA/TySplB/TM --------------------------------------------------------------------~-> -------------------------- Want to discuss this topic? Head on over to our discussion list, [EMAIL PROTECTED] -------------------------- Brooks Isoldi, editor [EMAIL PROTECTED] http://www.intellnet.org Post message: osint@yahoogroups.com Subscribe: [EMAIL PROTECTED] Unsubscribe: [EMAIL PROTECTED] *** FAIR USE NOTICE. 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