Calif. Opens Door for Gun Lawsuits
BY ANGELA WATERCUTTER, Associated Press Writer, September
25, 2002, 8:39 PM EDT
SAN FRANCISCO -- Gov. Gray Davis cleared the way Wednesday for Californians
to sue gun manufacturers if they believe the companies have been negligent
in the advertising or production of firearms. The package
of bills Davis signed removes a shield granted to gun makers regarding
negligence lawsuits. Previously, gun manufacturers could not be sued if
their products were used in the commission of a crime. A number
of states have similar legal shields for gun makers. California is the
first state to repeal such an immunity.
"No industry should be allowed to
hide from its own harmful conduct," Davis said in a telephone press
conference. "And except for gun manufacturers, no industry is. Current
laws shield a gun manufacturer from its own negligence. These new laws
strip away that shield."
California's new laws have already gained
the praise of gun control advocates. "These bills were our
top priority this year, we're thrilled that the governor has stuck by
his position on this," said Eric Gorovitz, Western policy director
for the Coalition to Stop Gun Violence, a national grassroots organization.
Gorovitz said he hopes the measure will make the gun industry more responsible
because of the threat of lawsuits.
Critics of the bills, however, argue that
they could open the door to frivolous lawsuits. And, Chuck Michel, a spokesman
for the California Rifle and Pistol Association, Inc., says the legislation
is an attempt by gun-ban advocates to swamp gun manufacturers with lawsuits
to bankrupt them. "They will use this to file multiple
lawsuits based on their mistaken belief that firearms have no social utility,"
Michel said. "They want a legitimate industry to pay for the inability
of law enforcement and local authorities to control violent crimes."
The new law removes a lawsuit shield enacted
in 1983 to protect manufacturers of cheaply made handguns known as Saturday
Night Specials. The shield was cited by the state Supreme Court
last year when it ruled that a gun company couldn't be sued by survivors
of a 1993 rampage for damages done when criminals use their products illegally.
FROM HCI'S WEB SITE
Gov. Davis Signs Package of Far-Reaching Gun Bills, 9/25/2002
* Repeals Gun Industry's Legal Immunity
* Strengthens Ban on Saturday Night Specials
* Provides Cities with Data for Gun Lawsuits
* Prohibits Sale of Non-Certified Gun Safety Locks
* Expands Oversight on Gun Dealer Transactions
* Strengthens Police Seizure of Domestic Violence Guns
(Los Angeles) In a stunning legal setback for the gun industry, California
is becoming the first state in the country to repeal the gun industry's
special legal immunity as Gov. Gray Davis signed SB 682 by Senator Don
Perata and AB 496 by Assemblyman Paul Koretz today as part of a package
of far-reaching new gun laws. The gun industry bills overturn a California
Supreme Court decision, which held that a 1983 law created a special immunity
shield for gun manufactures.
Davis also signed: AB 2902 by Assemblyman Koretz to strengthen the state's
ban on Saturday night specials by authorizing DOJ to randomly test handgun
models each year to make sure they remain in compliance and regulate the
ammunition that is used in the tests. SB 1490 by Senator Perata to assist
city lawsuits against the gun industry by authorizing city attorneys access
to gun transfer records held by the Department of Justice. SB 1670 by
Senator Jack Scott to prohibit the sale of safety locks that are not approved
by the state. AB 2080 by Assemblyman Darrell Steinberg to require gun
dealers shipping firearms into or within California to obtain authorization
from the Department of Justice that the recipient is a legitimate dealer.
AB 2695 by Assemblywoman Jenny Oropeza to lengthen the standard time police
may hold guns seized at domestic violence incidents and SB 1807 by Senator
Wesley Chesbro to make it easier for police to hold domestic violence
guns if returning the weapon might endanger the person reporting the threat
or assault.
"Victims of gun violence will finally get justice," Luis Tolley
of the Brady Campaign to Prevent Gun Violence united with the Million
Mom March, which sponsored the repeal of gun industry immunity. Repealing
the gun industry's special immunity was the top priority for Million Mom
March Chapters throughout California. The Million Mom March activists,
many of whom have personally suffered from gun violence, marched on the
state capitol and lobbied their legislators in personal visits, phone
calls and letters to repeal the gun industry's special protection and
allow gun victims their fair day in court.
"This is a legal earthquake for irresponsible gun manufacturers,"
said Tolley. "Gun manufacturers are going to face judgment day. 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 gun industry will have to follow the same legal rules
as every other industry in California and victims of gun violence will
finally obtain justice, including the right to be heard in court. For
too long, some gun makers have hidden from legal scrutiny behind an immunity
shield while deliberately endangering the public in ways that would never
be tolerated for any other product. Those days are over."
The bills respond to a 2001 California Supreme Court ruling, which held
that a 1983 law sponsored by the NRA provided special immunity to gun
manufacturers. The Court found that gun maker Navegar, which produced
the banned TEC-9 assault weapon, could not be held responsible for criminal
use of the TEC-9 even though Navegar deliberately designed and marketed
the weapon for criminals. Navegar ads touted its "excellent resistant
to fingerprints" and "high volume of firepower" and promoted
the weapon in Solider of Fortune magazine. Navegar boasted that news reports
of criminals using the TEC-9 were "good as far as sales go"
and had "advertising tingle." The TEC-9 assault weapon was equipped
with rapid-fire combat capability, a 32-round ammunition magazine, a sling
for one-handed shooting and a barrel designed for an illegal silencer.
This is the third major setback for the gun industry this summer. In
June, the Ohio Supreme Court reinstated Cincinnati's lawsuit against the
industry, allowing the City to proceed with product liability, negligence
and public nuisance claims against fifteen gun manufacturers and earlier
this month the Indiana Court of Appeals reinstated key provisions of Gary's
lawsuit against gun dealers. Twelve cities and counties in California
are pursuing similar suits against the gun industry, with trial currently
set for April of next year.
|
NRA Assists 12 Year-old in Civil Rights Violation Fight
September 17, 2002
Today, the National Rifle Association's
(NRA) Civil Rights Defense Fund filed a First Amendment civil rights lawsuit
on behalf of 12 year-old Virginia NRA member, Alan Newsom. The lawsuit
charges the principal and vice-principal of the Jack Jouett Middle School
and Albemarle County School Board Superintendent and Board members with
violating Newsom's civil rights when they banned him from wearing a NRA
logo-ed Youth Sports Shooting Camp shirt to school.
On or about April 29, 2002, Alan Newsom
was forced to remove his NRA Sports Shooting Camp t-shirt by the vice-principal
and told to turn the t-shirt inside out because she considered the NRA
shirt illustrations of individuals involved in shooting sports in violation
of school policy. Although Newsom was ordered to forfeit his right to
free speech and association under threat of school suspension, at the
time of the demand there was no rule that prohibited clothing depicting
shooting sports.
When the NRA notified school authorities
that the action violated the student's civil rights, the school subsequently
added a provision for the 2002-2003 school year barring any clothing associated
with "weapons" and "violence."
"The facts are clear. Alan Newsom
was singled-out by the vice-principal because he was wearing a NRA t-shirt.
The t-shirt clearly depicts individuals involved in shooting sports. The
images are in no way inappropriate or violent. This is a blatant infringement
of young Alan's Constitutional rights. I was dumbfounded when I learned
of the facts of this case after Alan's parents contacted us and didn't
hesitate to take up this challenge. I am proud to say that the NRA stands
with this brave young man," NRA's Executive Vice-President Wayne
LaPierre said of the case.
The lawsuit, which seeks $100,000 in damages
and $50,000 in punitive damages plus costs and attorney fees incurred
in vindicating Newsom's civil rights, was filed in the U.S. Federal District
Court for Western District of Virginia, Charlottesville Division. Among
the twelve counts included in the Federal suit are free speech and due
process violations under federal and state constitutions.
"The NRA wholeheartedly supports the
reasonable prohibition of images on clothing depicting violence in a school
setting. However, to preclude a student from wearing an article of clothing
because it may run counter to the viewpoints or political beliefs of some
school officials is deplorable," LaPierre added. In Tinker v. Des
Moines School District, the U.S. Supreme Court held "[i]n order for
the State in the person of the school officials to justify prohibition
of a particular expressed opinion, it must be able to show that its actions
were caused by something more than a mere desire to avoid the discomfort
and unpleasantness that always accompany an unpopular viewpoint.
The lawsuit also challenges the ambiguity
of the new school rule which will not only affect all NRA logos, but also
the Great Seal of the United States, the United States Army logo and the
state seal of the Commonwealth of Virginia – all with images of
"weapons" that would fall within the prohibitions of the school's
new policy.
"This is clearly a case of political-correctness
running unchecked. Alan is a good student who has no disciplinary problems
in school. He developed an affinity for shooting sports and his father
enrolled him in a NRA Youth Safety Camp to learn basic firearm safety.
Alan aspires to represent his country in the Olympics someday. The school
authorities harassed and breached Alan's First Amendment rights merely
for his interest in the NRA and shooting sports," LaPierre concluded.
The lawsuit noted that, ironically, Jack
Jouett Middle School is named for an American Revolutionary War hero who
is known for his famous ride on June 3, 1781, in which despite the potential
for personal peril, he rode through the night from Louisa, VA to Monticello
to warn Thomas Jefferson, Patrick Henry and other parties that British
troops were on their way to arrest Jefferson and others for signing the
Declaration of Independence. In appreciation for this act of bravery the
Virginia Legislature awarded Captain Jack Jouett a sword and a pair of
pistols.
The 131 year-old NRA is the nation's
oldest civil rights group that advocates enforcement of existing laws
to prosecute and punish violent criminals. The NRA is the nation's leader
in teaching youth gun safety and promoting marksmanship nationwide. The
Association has about 4 million members across America. |
Winter
shooting leagues are starting up.
Cal and center fire caliber will be use at both private and public ranges.
end
of Dec. and the first of Jan. off. Shooting only 60 rounds a night
will not burn up your rent money nor will the $67 fee that you will have
to pay to join. The league is held at Master Class in Monroe and
starts October 1st. Call 
