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[Author’s name]
[Professor’s name]
[Course
title]
[Date]
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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