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Gun lawsuit protection bill passes U.S. Senate

Posted on: Friday, 29 July 2005, 18:40 CDT

By Joanne Kenen

WASHINGTON (Reuters) - The U.S. Senate on Friday easily passed a bill that grants sweeping protection to the firearms industry against lawsuits aiming to hold gun makers or sellers responsible for gun violence.

The "Protection of Lawful Commerce in Arms Act" would provide broad immunity from civil lawsuits filed by dozens of cities and municipalities against gun makers, dealers and distributors.

It would also make it much harder for individuals to bring civil liability suits if they or their family members were harmed by guns.

The bill is a top priority for the National Rifle Association, the influential gun lobby, and has strong support from President Bush. The House of Representatives expects to approve it after the August recess.

It passed 65-31. Fourteen Democrats, including Minority Leader Harry Reid of Nevada, backed the bill along with most Republicans and one independent. Two Republicans voted no.

The NRA said it was a historic vote for freedom and "a groundbreaking step forward for law-abiding firearm manufacturers, retailers and owners in this country."

But the Violence Policy Center said it was a "go-ahead by the U.S. Senate for a reckless, cynical, unregulated industry to sell their increasingly lethal products at tremendous cost to the general public."

Critics knew from the start this bill was unstoppable, yet they had hoped to amend it to include some gun control provisions, such as requiring background checks for gun shows. But, except for adding a requirement that handguns be sold with trigger locks, they were outmaneuvered.

On Friday, they attempted to pass several amendments that would whittle down some of the legal protections for the industry and to restrict armor-piercing, or "cop-killer" bullets. They failed.

"This bill gives them (the firearms industry) a free pass," said New Jersey Democrat Sen. Frank Lautenberg.

A KEY AMERICAN INDUSTRY

Backers of the legislation, led by Idaho Republican Larry Craig, said the measure was essential to protect an American industry that provides jobs and weapons for national defense. He also said it was crucial to protect the rights of U.S. gun owners.

Craig said the focus should be on punishing criminals, not the gun industry. He and other backers of the bill also said many of the lawsuits were politically motivated.

"This bill is intended to do one thing and that is to end the abuse that is now going on in the court system ... against law-abiding American businesses when they violate no law but because the product they sell in the marketplace may ultimately be misused in a criminal act."

Craig said that people could still sue irresponsible gun dealers, but opponents said the bill was worded to make it extremely hard to file such suits.

Sen. Mike DeWine of Ohio, one of the two Republicans to oppose the bill, said it would topple centuries of civil law by creating one standard of negligence for the gun industry and a different standard for everyone else.

"What in the world are we thinking about?" he asked Thursday evening.

He warned fellow senators that they would regret this when a heinous slaying occurs and the victims have no redress. He also said the bill could make it harder for federal officials to take action against shady gun dealers.

The debate illustrated the strength of pro-gun forces in the Senate and the NRA after last November's elections. Pro-gun control forces could not even debate such issues as how to keep weapons out of the hands of potential terrorists.

"It's a travesty dictated by the NRA," said Rhode Island Democrat Jack Reed.

Last year, backers had enough votes to pass the bill but were unable to ward off amendments, including an extension of the 1994 assault weapons ban. Rather than accept the amendments, the bill's sponsors defeated their own legislation. The lawsuit legislation was revived this year, but the assault weapons ban has lapsed.

Source: REUTERS

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