LifeNRA Posted February 20, 2005 Report Share Posted February 20, 2005 Reckless Lawsuit Preemption Bills Introduced In U.S. House And Senate Saturday, February 19, 2005 On February 16, Senators Larry Craig (R-Idaho) and Max Baucus (D-Mt.) introduced S. 397, "The Protection of Lawful Commerce in Arms Act", in the U.S. Senate, joining Representatives Cliff Stearns (R-Fla.) and Rick Boucher (D-Va.), who introduced companion legislation in the U.S. House--H.R. 800--on February 15. This critical legislation protects law-abiding firearm manufacturers from reckless, predatory lawsuits. In 2003, the "Protection of Lawful Commerce in Arms Act" passed the U.S. House of Representatives on an overwhelming bipartisan vote of 285-140, enjoyed more than 54 Senate cosponsors, and had the full support of President Bush. Sadly, the legislation was torpedoed in the Senate in 2004 by anti-gun zealots, including former Minority Leader Tom Daschle (D-S.D.), who helped his fellow anti-gun Senators attach a number of anti-gun amendments to the underlying measure. Introducing the bill, Senator Craig said, "I am proud to sponsor legislation that will put an end to the politically motivated lawsuits against the firearm industry. These outrageous lawsuits attempting to hold a law-abiding industry responsible for the acts of criminals are a threat to jobs and the economy, jeopardize the exercise of constitutionally protected freedoms, undermine national security, and circumvent Congress and state legislatures. They must be stopped." Representative Stearns commented, "Several cities, counties, and individuals have sued the firearm and ammunition industries for the damages and injuries resulting from the criminal use of guns by third parties. These lawsuits employ dubious legal theories that have no legal merit; they are merely attempts to impose their gun control agenda using the courts." Since 1998, dozens of municipalities and cities have filed suit against America`s firearm industry, falsely alleging the absurd notion that law-abiding firearm manufacturers should be held responsible for the unforseen acts of violent criminals. These groups assert the fallacious and self-serving argument that the only way for victims of crime to receive justice is to be awarded large sums of money. The twisted implication seems to be that catching, convicting, and punishing those who commit violent crimes is not justice enough. Decades of established jurisprudence has shown that courts have consistently rejected the outlandish concept of holding the law-abiding manufacturer of a legal product responsible for the acts of criminals who obtain that product through illegal channels, then use it for purposes never intended or condoned by the manufacturer. Numerous courts, including state Supreme Courts, have already dismissed numerous cases. In fact, as recently as last week, a California Appellate Court unanimously upheld an earlier Superior Court decision dismissing a junk lawsuit filed by Los Angeles, San Francisco and 12 other California cities and counties (please see Grassroots Alert Vol. 12, No. 6). But as long as the gun-banners are able to burden firearm manufacturers with the cost of defending their lawful practices in court, the entire gun industry is at risk of being eradicated. To date, 33 states have enacted laws to prohibit localities from filing these abusive suits, but that still leaves 17 states and their localities free to bankrupt a lawful, well-regulated industry. As long as gun-ban organizations, big-city mayors, and greedy trial lawyers are allowed to blame the firearm industry for the criminal misuse of its products, the entire industry is at risk of being destroyed. Remember, too, that this is the same industry that provides firearms to our fighting men and women in the U.S. military. Commenting on the introduction of these bills, NRA-ILA Executive Director Chris W. Cox said, "After being defeated at the ballot box and in the legislative arena, the gun control lobby is trying to use activist judges to bankrupt a law-abiding American industry. U.S. firearms manufacturers have already spent more than $200 million in legal fees, yet have not been found liable by a single court for the criminal misuse of their legal products." "If this legislation is not passed, the American firearm industry could be permanently destroyed. It is not in our national security interests to rely on China, Russia or France to equip our military and law enforcement personnel. The NRA looks forward to working with the House, Senate and the Administration to pass this much-needed legislation as soon as possible," concluded Cox. "The "Protection of Lawful Commerce in Arms Act" enjoys support from a number of organizations, including the U.S. Chamber of Commerce, the National Association of Manufacturers, and the National Association of Wholesalers. Dozens of national associations, unions, wildlife conservation groups, and shooting sports organizations--representing literally millions of dedicated members, workers, and sportsmen--have expressed their unqualified support for this critically important legislation. It is imperative that you contact your U.S. Senators and your U.S. Representative and ask them to cosponsor and support S.397 and H.R. 800--without any anti-gun amendments--and put a halt to these reckless lawsuits once and for all. And be sure to let them know that you consider any votes in support of anti-gun amendments to this legislation as a vote against the underlying bill itself. To access the most up-to-date information on this issue, please go to the "Stop Reckless Lawsuits Against the Firearm Industry" heading at, www.NRAILA.org, and click the "Take Action" button. This function will allow you to easily send an e-mail or letter to your U.S. Representative and U.S. Senators. Please forward this link to your family, friends, and fellow firearm owners. You can find additional contact information for your elected officials by using the "Write Your Representatives" tool at www.NRAILA.org, or you can call your U.S. Senators at (202) 224-3121 and your U.S. Representative at (202) 225-3121. Quote Link to comment Share on other sites More sharing options...
Bruce Schmeck Posted February 20, 2005 Report Share Posted February 20, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!!! Darn it! I was just fixin' to sue Giant too. Yesterday morning a whole tray of donuts came out of the display case and hit me. It was traumatic! I think one "may have" bruised my foot when it hit it. Quote Link to comment Share on other sites More sharing options...
LifeNRA Posted February 20, 2005 Author Report Share Posted February 20, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!!! You making fun of my posts? Quote Link to comment Share on other sites More sharing options...
stevebeilgard Posted February 21, 2005 Report Share Posted February 21, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!!! jesting is great, but this bill is even better Quote Link to comment Share on other sites More sharing options...
Bruce Schmeck Posted February 21, 2005 Report Share Posted February 21, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!!! [ QUOTE ] You making fun of my posts? [/ QUOTE ] No John, not at all. True story. The sad part was that the girl(s) in the bakery department actually asked me, no less than three times, whether I was OK. Because a couple of donuts hit me???? Now that's sad! It's about time litigious garbage lawsuits for anything, i.e. getting hit by a half dozen donuts, are brought to a screeching halt. Quote Link to comment Share on other sites More sharing options...
Texan_Til_I_Die Posted February 21, 2005 Report Share Posted February 21, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!! This is a good start. I also think we should adopt the "Loser Pays" methodology where the loser of the case has to pay all of the court costs and attorney fees for both sides. Quote Link to comment Share on other sites More sharing options...
buckee Posted February 21, 2005 Report Share Posted February 21, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!! Too bad those donuts weren't rock-hard stale eh. You could of had a good case there ..LOL Quote Link to comment Share on other sites More sharing options...
slugshooter Posted February 22, 2005 Report Share Posted February 22, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!! When is the line drawn on the acts of criminals and the acts of careless individuals or a faulty firearm. I know there have been many lawsuits regarding the use of a firearm in a crime, in those instances, suing a gun manufacturer for a murder that was committed with a stolen firearm by a repaet felon is like suing a car manufacturer because someone used their vehicle to run somebody down. BUT. There have also been lawsuits where a gun malfunctioned and someone was killed or injured, is that a justifiable lawsuit? IMO, yes. I read about a lawsuit last year, where, part of this was the fault of the babysitter who shouldn't have picked up the gun in the first place, but the sitter was in the house and heard a noise and thought she would go get the owners gun, well, long story short she either shot herself or the kid, the manufacturer was sued and lost because it was found that the gun couldn't be safely unloaded without your finger being close to the trigger, I would have a more clear opinion on this if I remembered the whole story. But, here's a final scenario, and one I somewhat agree with, we all remember the DC sniper shootings of course and the subsequent lawsuit against Bushmaster, here's my problem with Bushmaster and the store owner where this gun was procured. The gun owner had a habit of guns MYSTERIOUSLY disappearing from his store, how many did he have come up missing over the course of a couple years, it wasn't 1 or 2, it was a significant amount, the store should have been held accountable, but Bushmaster should be held accountable for continuing to supply him with rifles even after they knew his store had a habit of rifles not being accounted for. They weren't sued for making the rifle, they were sued for their own negligence in supplying a crooked gun store owner continuously with guns. I don't agree with gun makers being sued for a gun used in a criminal act, but if there is evidence in negligence whether in manufacture or sales then they should be held accountable, just like every other American company. Someone made a post a couple weeks back about how American companies have been responsible for some of the greatest inventions of the 20th century, well, that is true, but they have also been responsible for some of the most dangerous and hazardous, and if it is proven that their product was defective even when used how the instructions tell someone then they should be held accountable. As far as car manufacturers and unions. I hauled plenty of auto parts to plants in Canada, Detroit and Kansas City and seen many a union worker who gets paid 20 bucks an hour to stand at an assembly line and install one little part that takes him all of 2 seconds to install, and he does that every minute or so. That in one problem, another problem for prices being so high is where these parts come from, I went to Seabrook, NH more than once and picked up truck loads of plastic molding strips that go on wheel wells of Ford Expeditions, and I have made many trips from Virginia to Canada where I hauled door frames. Too many parts coming from too many different places drives prices up just as quickly as a lazy union worker.(not saying all union workers are lazy if there are any here) but some are. Quote Link to comment Share on other sites More sharing options...
Bruce Schmeck Posted February 22, 2005 Report Share Posted February 22, 2005 Re: Reckless Lawsuit Preemption Bills Introduced!! [ QUOTE ] Too bad those donuts weren't rock-hard stale eh. You could of had a good case there ..LOL [/ QUOTE ] Nah! They were fresh. It did freak her out though when I picked them off the floor and started eating them. Hey, they were gonna throw them in the trash anyway. Quote Link to comment Share on other sites More sharing options...
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