Tilted Forum Project Discussion Community - View Single Post

Moonduck · 11-20-2003, 09:12 PM

Note: This may belong in Politics. If so, feel free to move it. I will understand. It's placed here because it deals with Gun Ownership.

http://ap.tbo.com/ap/breaking/MGAU61BA9ND.html

"Appeals Court Reinstates Wrongful Death Suit Against Gun Industry"
By David Kravets Associated Press Writer
Published: Nov 20, 2003

SAN FRANCISCO (AP) - A federal appeals court Thursday reinstated a wrongful death lawsuit against the gun industry in a decision expected to re-ignite debate over legislation immunizing gun makers from being sued for crimes committed with their products.

Thirty-three states already have laws exempting gun manufacturers and distributors from such suits. The House in April passed a bill to extend the prohibition on such suits nationwide and President Bush has said he would sign it. Senate Democrats have threatened to filibuster the proposal.

The 2-1 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals reinstates a lawsuit filed against gun manufacturers and distributors whose weapons were used by a white supremacist who shot a Filipino-American postal worker to death and wounded five people at a Jewish day care center in a 1999 Los Angeles-area rampage.

A Los Angeles federal judge in 2001 had thrown out the case, filed by families of the victims against Georgia-based Glock Inc., China North Industries Corp., RSR Management Corp. and RSR Wholesale Guns Seattle Inc. The case was filed under California negligence and wrongful death statutes.

Messages left with attorneys for the companies were not immediately returned Thursday.

Survivors claimed that several weapons companies produced, distributed and sold more firearms than legal purchasers could buy. In addition, they claimed the industry knowingly participated and facilitated an underground illegal gun market.

"I believe this is the first federal court of appeals decision to sustain a claim like this one," said Peter Nordberg, an attorney for the plaintiffs.

Since 1998, at least 33 municipalities, counties and states have sued gun makers, many claiming that manufacturers, through irresponsible marketing, allowed weapons to reach criminals. None of the suits has resulted in a manufacturer or distributor paying any damages.

Private groups, including the National Association for the Advancement of Colored People, also have sued, saying guns "led to disproportionate numbers of injuries, deaths and other damages" among minorities. That case was thrown out of federal court in July.

The gunman in the 1999 shootings, Buford Furrow, is serving life in prison without parole.

The Senate probably will consider the immunity bill early next year, said Will Hunt, spokesman for Sen. Larry Craig, R-Idaho, a leading proponent of the legislation. Craig believes he has the votes to force the bill through the Senate despite filibuster threats, Hunt said.

AP-ES-11-20-03 1552EST

--

Another blow is struck against the twin evils of gun ownership and, worse, personal responsibility.

11-20-2003, 09:12 PM	#1 (permalink)
Moonduck Junkie Location: SE USA	Sigh 9th Circuit at it again Note: This may belong in Politics. If so, feel free to move it. I will understand. It's placed here because it deals with Gun Ownership. http://ap.tbo.com/ap/breaking/MGAU61BA9ND.html "Appeals Court Reinstates Wrongful Death Suit Against Gun Industry" By David Kravets Associated Press Writer Published: Nov 20, 2003 SAN FRANCISCO (AP) - A federal appeals court Thursday reinstated a wrongful death lawsuit against the gun industry in a decision expected to re-ignite debate over legislation immunizing gun makers from being sued for crimes committed with their products. Thirty-three states already have laws exempting gun manufacturers and distributors from such suits. The House in April passed a bill to extend the prohibition on such suits nationwide and President Bush has said he would sign it. Senate Democrats have threatened to filibuster the proposal. The 2-1 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals reinstates a lawsuit filed against gun manufacturers and distributors whose weapons were used by a white supremacist who shot a Filipino-American postal worker to death and wounded five people at a Jewish day care center in a 1999 Los Angeles-area rampage. A Los Angeles federal judge in 2001 had thrown out the case, filed by families of the victims against Georgia-based Glock Inc., China North Industries Corp., RSR Management Corp. and RSR Wholesale Guns Seattle Inc. The case was filed under California negligence and wrongful death statutes. Messages left with attorneys for the companies were not immediately returned Thursday. Survivors claimed that several weapons companies produced, distributed and sold more firearms than legal purchasers could buy. In addition, they claimed the industry knowingly participated and facilitated an underground illegal gun market. "I believe this is the first federal court of appeals decision to sustain a claim like this one," said Peter Nordberg, an attorney for the plaintiffs. Since 1998, at least 33 municipalities, counties and states have sued gun makers, many claiming that manufacturers, through irresponsible marketing, allowed weapons to reach criminals. None of the suits has resulted in a manufacturer or distributor paying any damages. Private groups, including the National Association for the Advancement of Colored People, also have sued, saying guns "led to disproportionate numbers of injuries, deaths and other damages" among minorities. That case was thrown out of federal court in July. The gunman in the 1999 shootings, Buford Furrow, is serving life in prison without parole. The Senate probably will consider the immunity bill early next year, said Will Hunt, spokesman for Sen. Larry Craig, R-Idaho, a leading proponent of the legislation. Craig believes he has the votes to force the bill through the Senate despite filibuster threats, Hunt said. AP-ES-11-20-03 1552EST -- Another blow is struck against the twin evils of gun ownership and, worse, personal responsibility.