Author Topic: govt passes new gun law  (Read 1053 times)

Offline john9001

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govt passes new gun law
« on: October 20, 2005, 01:14:23 PM »
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Lawsuit Shield
October 20, 2005 12:16 PM EDT
WASHINGTON - Congress gave the gun lobby its top legislative priority Thursday, passing a bill protecting the firearms industry from massive crime-victim lawsuits. President Bush said he will sign it.

"Our laws should punish criminals who use guns to commit crimes, not law-abiding manufacturers of lawful products," Bush said in a statement.

The House voted 283-144 to send the bill to the president after supporters, led by the National Rifle Association, proclaimed it vital to protect the industry from being bankrupted by huge jury awards. Opponents, waging a tough battle against growing public support for the legislation, called it proof of the gun lobby's power over the Republican-controlled Congress.

"This legislation will make the unregulated gun industry the most pampered industry in America," said Kristen Rand, director of the Violence Policy Center.

Under the measure, as many as 20 pending lawsuits by local governments against the industry would be dismissed. The Senate passed the bill in July.

The bill's passage was the NRA's top legislative priority and would give Bush and his Republican allies on Capitol Hill a rare victory at a time when some top GOP leaders are under indictment or investigation.

"Lawsuits seeking to hold the firearms industry responsible for the criminal and unlawful use of its products are brazen attempts to accomplish through litigation what has not been achieved by legislation and the democratic process," House Judiciary Committee Chairman James Sensenbrenner, R-Wis., told his colleagues.

Former House Majority Leader Tom DeLay, R-Texas, did not vote. He is in Texas in connection with his indictment in an alleged scheme to violate state election law.

Propelled by GOP election gains and the incidents of lawlessness associated with the passing of Hurricane Katrina, support for the bill has grown since a similar measure passed the House last year and was killed in the Senate.

Horrific images of people without the protection of public safety in New Orleans made a particular impression on viewers who had never before felt unsafe, according to the gun lobby.

"Americans saw a complete collapse of the government's ability to protect them," said Wayne LaPierre, the NRA's executive vice president.

"That burnt in, those pictures of people standing there defending their lives and defending their property and their family," he added, "where the one source of comfort was a firearm."

With support from four new Republicans this session of Congress, the bill passed the Senate for the first time in July. House passage never was in doubt because it had 257 co-sponsors, far more than the 218 needed to pass.

The bill's authors say it still would allow civil suits against individual parties who have been found guilty of criminal wrongdoing by the courts.

Opponents say the strength of the bill's support is testament to the influence of the gun lobby. If the bill had been law when the relatives of six victims of convicted Washington-area snipers John Allen Muhammad and Lee Boyd Malvo sued the gun dealer from which they obtained their rifle, the dealer would not have agreed to pay the families and victims $2.5 million.

"It is shameful that Republicans in Congress are pushing legislation that guarantees their gun-dealing cronies receive special treatment and are above the law," said Rep. Robert Wexler, D-Calif.

Bush has said he supports the bill, which would prohibit lawsuits against the firearms industry for damages resulting from the unlawful use of a firearm or ammunition. Gun makers and dealers still would be subject to product liability, negligence or breach of contract suits, the bill's authors say.

Democrats and Republicans alike court the NRA at election time, and the bill has garnered bipartisan support. But the firearms industry still gave 88 percent of its campaign contributions, or $1.2 million, to Republicans in the 2004 election cycle.

Gun control advocates, meanwhile, gave 98 percent of their contributions, or $93,700, to Democrats that cycle, according to the Center for Responsive Politics.

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The bill is S. 397.

Offline CavemanJ

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govt passes new gun law
« Reply #1 on: October 20, 2005, 01:18:43 PM »
Bout time they passed this.  Suing Colt/Springfield/Baretta etc etc because someone in your family got shot by one would the same as suing Ford because a drunk driver was in a Crown Victoria when they hit you.

Offline Hangtime

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govt passes new gun law
« Reply #2 on: October 20, 2005, 01:19:54 PM »
Excellent.

Finally, some good news in Washington.

:aok
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Offline Yeager

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govt passes new gun law
« Reply #3 on: October 20, 2005, 01:20:56 PM »
So what happens if a firearm is proven to be defective and causes injury/death?
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Offline CavemanJ

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govt passes new gun law
« Reply #4 on: October 20, 2005, 01:29:58 PM »
Quote
Originally posted by Yeager
So what happens if a firearm is proven to be defective and causes injury/death?


That's a different story.  Negligence on the part of the manufacturer that ends in death/dismemberment can still result in a lawsuit.

This law is to stop Betty Blowjob from crying "oh my son was in a gang, and got shot by a Baretta in a driveby, so I'm suing Baretta for making the gun that killed my kid!"

Least that's the way I understood it.

Offline john9001

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govt passes new gun law
« Reply #5 on: October 20, 2005, 01:32:46 PM »
Quote
Originally posted by Yeager
So what happens if a firearm is proven to be defective and causes injury/death?



so what happens if yeager goes to the govt web site and reads senate bill S397?

Offline Sandman

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govt passes new gun law
« Reply #6 on: October 20, 2005, 01:55:34 PM »
IMHO, this should be a state issue, not a federal one.
sand

Offline Tarmac

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govt passes new gun law
« Reply #7 on: October 20, 2005, 01:58:28 PM »
Quote
Originally posted by Sandman
IMHO, this should be a state issue, not a federal one.


As should just about everything the Feds do.  But as long as they're suing in federal court, it's governed by federal law.  

Poor interstate commerce clause.

Offline lasersailor184

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govt passes new gun law
« Reply #8 on: October 20, 2005, 02:13:19 PM »
Quote
As should just about everything the Feds do. But as long as they're suing in federal court, it's governed by federal law.


Bang on.
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Offline lazs2

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govt passes new gun law
« Reply #9 on: October 20, 2005, 02:22:55 PM »
this is why we need to elect republicans and to support the NRA.

the law protects honest merchants from frivolous lawsuits like those that destroyed the private aircraft industry.... this is not at all "unprecedented"  in that private aircraft manufacturers were first to benifiet from this type of protection.

Firearms manufactureres will still be liable for faulty products...  Not ones that work as advertised..

Because of this bill... a new bill based on it to protect "fast food" makers from friovolous lawsuits (making people fat) is in the works.

If anything should be up to the feds this is it.   manufacturers (citizens) should be protected from having their lives and livelyhood ruined by frivolous lawsuits.

you did notice that all the enemies of fairness were democrats right?  

lazs

Offline Hangtime

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govt passes new gun law
« Reply #10 on: October 20, 2005, 02:24:06 PM »
I'd really like to see the legislation on interstate transport worked out.. lotta RV'ers are handicapped on state regulations. Just having a Rifle in your rig can land you in jail and your rig impounded in some states even though you are just passing thru with no intent to use the thing.
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Offline lazs2

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govt passes new gun law
« Reply #11 on: October 20, 2005, 02:34:58 PM »
well... there is the second amendment talking about the right to keep and bear arms and all....  If the feds and the supremes every got a spine and heard it.... those kinds of laws would no longer be a problem.   Good thing republicans put in the last couple of supremes...

klinton put in bader ginsburg... think that former aclu commie is a friend to the second amendment?

lazs

Offline Clifra Jones

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govt passes new gun law
« Reply #12 on: October 20, 2005, 02:43:05 PM »
Quote
Originally posted by Tarmac
As should just about everything the Feds do.  But as long as they're suing in federal court, it's governed by federal law.  

Poor interstate commerce clause.


Thing is you can't sue 'class action' in state court. All the lawyers know that "class action' is where the BIG money is.

Here is how it would work. They would find multiple homicides perpetrated with the same gun, then file a class action suit enlisting anyone who had any family  member killed buy this gun as plaintiffs.

Whether you approve of guns or not this is a good law.

Offline Yeager

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govt passes new gun law
« Reply #13 on: October 20, 2005, 03:25:01 PM »
so what happens if yeager goes to the govt web site and reads senate bill S397?
====
Yeager would get sleepy......
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Offline Shamus

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govt passes new gun law
« Reply #14 on: October 20, 2005, 04:41:57 PM »
I think the proceeds collected by the various governments agencies from the  tobacco lawsuits should be refunded to the companies.

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