Post by ICMCumin on Nov 20, 2003 21:21:08 GMT -5
Federal Appeals Court Reinstates Wrongful Death Lawsuit Against Gun Industry
The Associated Press
SAN FRANCISCO Nov. 20 — 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.
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As an editorial comment, I bet all these judges were appointed by either Jerry Brown or Gray Davis. Brown was famous for finding and appointing absolute doughnuts to the bench ( that have a history of being overturned by judges at a higher level that would interpret the law rather than trying to create it). Too bad we just can't give San Francisco away.......
As another comment, the lawsuit by NAACP is especially galling to me. Maybe if the leadership of that organization would quit blaming others, and work to heal the problem rather than blaming one of the symptoms, black on black violence could be reduced.
OK, OK, I'll get off my soapbox and go to bed now.....
The Associated Press
SAN FRANCISCO Nov. 20 — 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.
++++++++++++++++++++++++++++++++++
As an editorial comment, I bet all these judges were appointed by either Jerry Brown or Gray Davis. Brown was famous for finding and appointing absolute doughnuts to the bench ( that have a history of being overturned by judges at a higher level that would interpret the law rather than trying to create it). Too bad we just can't give San Francisco away.......
As another comment, the lawsuit by NAACP is especially galling to me. Maybe if the leadership of that organization would quit blaming others, and work to heal the problem rather than blaming one of the symptoms, black on black violence could be reduced.
OK, OK, I'll get off my soapbox and go to bed now.....