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Running Head: INDUSTRY LIABILITY FOR FIREARMS


Industry Liability for Firearms

[Author’s Name]

[Institution’s Name]


Industry liability for firearms


         Over the last two years, television network news viewers have been inundated with tragic images of students running away from gunfire. With every new incident, from Pearl, Mississippi, to Littleton, Colorado, the networks have had a reflexive reaction. They blame guns, and wonder if more gun control laws aren’t an obvious solution.

          "Perhaps it will take one more school shooting to move the majority of               Americans into a position more powerful than that of the NRA. Perhaps it           will take one more school shooting to move us from people who support               gun control to people who vote for it. But as we continue to let the widows           and the wounded do the work, be warned. That next school may be the               one your children attend; the next accident could be close to home."               (Quindlen)

          A flurry of lawsuits is moving the gun-control issue out of the legislative arena and into the courts as a growing number of officials try to hold manufacturers legally responsible for firearms-related fatalities and crime. The industry sued several officials for meddling in free enterprise, impeding interstate commerce and usurping congressional authority to pass regulatory laws. More and more often, judges and juries are being asked to decide whether the industry must be held responsible for how people use its products and if the government should better enforce existing laws rather than take an industry to court.

Gun laws:

          Child Access Prevention (CAP) Law -- requires adults to use a gun-locking device or store guns in a place that is not readily accessible to minors.

          Juvenile Possession Law -- bars possession of handguns by juveniles (usually those under 18). Some states grant exceptions for guns used for hunting and target.

          Juvenile Sale or Transfer Law -- bars or restricts the sale or transfer of specified guns to a youth (usually, a person under 18).

          [Lawsuits: Cities suing the gun industry: Cincinnati, Ohio City of Cincinnati v. Beretta U.S.A. Corp. (Date filed: April 28, 1999)]

          Cincinnati filed a lawsuit against 16 gun manufacturers and 3 gun industry trade associations claiming the industry declined to incorporate safety devices and warnings that would help prevent accidental shootings; used distribution methods that resulted in a large, illegitimate secondary market for guns and misled the public in its advertising. The lawsuit sought damages to compensate the city for medical and law enforcement costs resulting from gun violence and changes in how guns are marketed. The lawsuit was dismissed in October 1999 but the city is appealing the ruling.

[New Orleans, Louisiana Morial v. Smith & Wesson Corp. (Date filed: Oct. 30, 1998)]

          The city of New Orleans sued 15 major handgun manufacturers, three industry trade associations and five gun dealers. The lawsuit seeks to recover the city's losses blamed on the sale of guns that fail to incorporate various safety designs, including those that would prevent use by children and other unauthorized users. The city is also seeking punitive damages. It was the first lawsuit against the gun industry filed by a city or other government body.

          The Louisiana State Legislature passed two laws aimed at blocking New Orleans's lawsuit.

          "Get rid of the guns. We had the Second Amendment that said you have           the right to bear arms. I haven*t seen the British really coming by my               house looking for it. And besides, the right to bear arms is not an absolute           right anyway, as New York*s Sullivan Law proves. We talk about                     ourselves as a violent society, and some of that is right and some of it is           claptrap. But I think if you took away the guns, and I mean really take               away the guns, not what Congress is doing now, you would see that                     violent society diminish considerably." (Rosenblatt)

          Historically, the debate over gun control has generally divided Democrats and Republicans along party lines. Thus, it’s no surprise that GOP lawmakers, chief opponents of new gun laws, were the primary recipients of contributions from the National Rifle Association and other gun rights groups. Democrats traditionally have led the charge for stricter gun measures – a fact reflective in the contributions they receive from gun control advocates.

          “Should ownership of firearms be prevented or restricted by law?           Democrats: Yes, No one but law enforcement and the military should be           allowed to own guns.
          Republicans: Some limitations on hand guns and military "assault riles"           would be appropriate, but not otherwise.
          Libertarians: Ownership of a firearm violates no other person's rights,               and therefore should not be subject to any criminal penalty or government           restriction. It is the aggressive use of firearms that should be punished,               not responsible ownership.” (Comparing Libertarians, Democrats &                     Republicans)

         
In addition to political contributions, each side of the gun control debate spent large amounts of money to lobby members of Congress and the Clinton administration on the issue.

          The Senate approved new gun control measures by a vote of 73-25 in 1999. However, lawmakers voted three times on proposed background checks at gun shows, first voting against a three-day waiting period, then approving a 24-hour waiting period, then gave final approval to the mandatory three-day background check.

The House in 1999 voted 218-211 in favor of an amendment that would limit background checks at gun shows to 24 hours. Lawmakers, in a 193-235 vote, voted down an amendment that would have mandated a three-day waiting period. The House then voted to kill the bill by a 280-147 vote.

References

          Comparing Libertarians, Democrats & Republicans April 9, 2002
http://www.lpwv.org/compare.htm

         
Cities suing the gun industry April 9, 2002
http://www.cnn.com/LAW/trials.and.cases/

         
Quindlen, A November 1. Newsweek columnist April 9, 2002

         
Rosenblatt, R May 20. PBS News Hour April 9, 2002
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