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DanTex

(20,709 posts)
Thu Feb 7, 2013, 11:26 AM Feb 2013

Ending the gun industry’s legal immunity

Although most progressives have long been aware that our gun laws are woefully inadequate, until recently, people not regularly engaged in the gun debate were probably not aware of some of the little insidious laws that congress has passed at the behest of the NRA. For example, there is the ban on funding of research related to gun violence. There are a bunch of little laws handicapping the ATF, for example, the rule that the ATF can't inspect a gun dealer more than once a year.

And then there is the law that gives gun manufacturers and dealers immunity from most liability lawsuits. Fortunately, there seems to be a push to get rid of this immunity. I don't know if it will succeed, but it is nice to see lawmakers take aim at these laws laws that increase gun sales at the cost of greater gun violence.

http://tv.msnbc.com/2013/02/05/ending-the-gun-industrys-legal-immunity/

A California Democrat wants to hold the gun industry to the same standards as other industries, making them responsible and liable “for bad practices and negligence.” Representative Adam Schiff, D-Calif., has introduced the Straw Purchaser Penalty Enhancement Act, in an effort to punish straw pushers who circumvent the background checks in place to keep criminals from buying guns and are a key part of the process of trafficking guns. But Schiff is also proposing the Equal Access to Justice for Victims of Gun Violence Act, which would break the immunity shield of the gun industry in cases of negligence and products liability cases. Schiff, a member of the Congressional Gun Violence Prevention Task Force formed in the immediate aftermath of the tragic shooting at Sandy Hook Elementary School, wrote that since 2005 the gun industry has enjoyed a Congress-approved immunity from being held accountable for its negligent actions.
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el_bryanto

(11,804 posts)
1. It would be interesting to see how that would be applied
Thu Feb 7, 2013, 11:28 AM
Feb 2013

I wouldn't think it can apply where a gun is legally purchased and then used to murder - it could apply where the companies let loopholes be used to circumvent background checks.

Bryant

jmg257

(11,996 posts)
2. How would a gun company be responsible for background checks? They sell
Thu Feb 7, 2013, 11:51 AM
Feb 2013

to Federal Licensed dealers (or maybe direct to LE agencies.)

on edit:

POSSIBLY companies could be liable for some negligence, but more like recklessness, in 'packaging' firearms that might apeal to kids (as shown in a couple other threads). May be they could be held reckless in not providing more safe features like built in trigger locks, etc. Which BTW, I think many gunners tend to avoid such products.

el_bryanto

(11,804 posts)
5. I don't know - you may be right.
Thu Feb 7, 2013, 11:55 AM
Feb 2013

But if there are faultlines that would be one of them I think.

Bryant

 

slackmaster

(60,567 posts)
4. They're not immune from liability for bad practices or negligence
Thu Feb 7, 2013, 11:55 AM
Feb 2013

They're immune from liability for crimes committed by people who use their products.

Nobody tries to sue car manufacturers for accidents caused by people who are speeding or driving drunk. The federal law in question was an unintended consequence of a series of SLAPP lawsuits.

DanTex

(20,709 posts)
6. They shouldn't have any kind of special immunity at all.
Thu Feb 7, 2013, 12:10 PM
Feb 2013

The same tort laws that work for automobiles, tobacco, etc. are good enough for the gun industry.

 

badtoworse

(5,957 posts)
7. When does a manufacturer's liability for the actions of a purchaser of their product end?
Thu Feb 7, 2013, 12:17 PM
Feb 2013

If not at the end of legally conducted sale, then when?

DanTex

(20,709 posts)
8. I am not an expert on product liability lawyer, and I'm assuming you aren't either.
Thu Feb 7, 2013, 12:22 PM
Feb 2013

My point is that judges and juries should decide these cases based on the same precedents and criteria that are applied to any other industry. The gun industry shouldn't get a free pass because of the influence the NRA has on the Republican party.

 

badtoworse

(5,957 posts)
9. The law was passed to prevent abuse of the courts by gun control groups
Thu Feb 7, 2013, 12:49 PM
Feb 2013

Certain cities, in particular, were trying to use the courts to accomplish something they could not get from the legislatures, i.e. making firearms unavailable. The need to defend an avalanche of largely meritless lawsuits would have either bankrupted the gun manufacturers or forced them to raise the cost of their products to the point where they would be unaffordable for the average person. That is not a proper use of the civil justice system and the law was entirely appropriate under the circumstances.

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