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CALIFORNIA URGENT! SAVE OUR STATE!

Josey1Josey1 Member Posts: 9,598 ✭✭
edited August 2002 in General Discussion
CALIFORNIA


URGENT! SAVE OUR STATE!

The Million Mom March and Handgun Control are only days away from realizing their dream of banning guns in California. The MMM and HCI have been working with their cohorts in the California state legislature to pass two identical bills that would allow firearm manufacturers and distributors to be sued into bankruptcy for merely existing.

The Million Mom March and HCI were recently dismayed when the California Supreme Court ruled that firearm manufacturers and distributors could not be sued for making lawful products that do what they are designed to do. So they worked with their gun-banning buddies in the California legislature to pass two identical bills (AB496 and SB682) that would, in effect, overturn the Supreme Court decision by allowing firearm manufacturers and distributors to sued for a variety of frivolous reasons.

If these bills pass, firearm manufacturers and distributors will be forced to withdraw their businesses from California. There will be no more gun sales in California unless you do something to stop this from happening.

You need to call and fax your Assembly Member, your Senator and Governor Davis today and make it clear that you oppose AB496 and SB682.
http://www.libertybelles.org/index.html#actionhotspots


"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878

Comments

  • Josey1Josey1 Member Posts: 9,598 ✭✭
    edited November -1
    California Passes Bill Making Gun Lawsuits Easier
    Christine Hall, CNSNews.com
    Monday, Aug. 26, 2002
    California's Democratically controlled General Assembly Friday passed a bill making it easier to sue gun makers.
    The bill, sponsored by Assemblyman Paul Koretz, D-West Hollywood, changes a 1983 law that explicitly exempted gun manufacturers from liability in suits alleging willful or negligent acts or omissions in the design, distribution and marketing of firearms and ammunition.

    "This is a legal earthquake for the gun industry," said Luis Tolley of the Brady Campaign to Prevent Gun Violence united with the Million Mom March, which sponsored the bills and organized dozens of gun victims to lobby legislators.

    "Gun manufacturers are facing judgment day," said Tolley. "They will no longer be able to hide from the courts and escape legal accountability when they engage in dangerous and irresponsible conduct that hurts and kills people."

    The Brady Campaign is hoping to replicate an Ohio Supreme Court ruling in June that reinstated Cincinnati's lawsuit against the industry and allowed the city to proceed with product liability, negligence and public nuisance claims against fifteen gun manufacturers. Similar suits are pending in twelve California cities and counties.

    Proponents of the bill used a 2001 California Supreme Court decision as a blueprint for re-writing state law.

    In the 2001 ruling, the court said that, under the 1983 law, gun maker Navegar, which produced the banned TEC-9 assault weapon, could not be held responsible for criminal use of the weapon. Moreover, said the court, the plaintiffs failed to show that Navegar's allegedly inflammatory advertising was a legal cause of plaintiffs' injuries.

    The case stemmed from a July 1, 1993 shooting in which Gian Luigi Ferri killed eight people and wounded six - and then killed himself -during a shooting rampage at a high-rise office building in San Francisco.

    The General Assembly bill mirrors a recently passed Senate bill. It now heads to the desk of Gov. Gray Davis, who is running for re-election. But, the governor has not taken a position on the bill.

    Eugene Volokh, a legal scholar at the University of California, predicts that the new law won't have the big impact that supporters hope.

    Even if gun manufacturers can be sued under the same rules as other manufacturers, "gun manufacturers have had a long string of victories in other courts, including, for instance, in the highest state court of New York [the New York Court of Appeal])," he said.

    "The Ohio decision ... is one notable exception to that long string of victories, but on balance gun manufacturers have been winning much more than losing - even without the benefit of special statutes such as the one now in force in California," said Volokh.

    "If that statute is indeed repealed, chances are gun manufacturers will still generally win ... except perhaps in some very unusual circumstances," he said.

    http://www.newsmax.com/archives/articles/2002/8/26/72336.shtml

    "If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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