Anyone who believes that the Second Amendment guarantees Americans
the right of gun ownership surely will not argue that Americans also have
the legal right to sue any industry, including the gun industry, for practices
that lead to injury or death. But this latter right is being threatened
in
Congress by two bills that offer textbook examples of special interest
legislation.
On April 9, 2003, the House of Representatives, including Fletcher, Rogers
Northup, Lucas, Whitfield, and Lewis, passed a bill granting the gun
industry nationwide immunity from lawsuits. The Senate is expected to
consider a similar bill before the end of the month, and if passed and
signed
into law, gun dealers and gun makers would become the first industry in
the
nation to be protected from lawsuits.
The legislation came about because an increasing number of gun victims
and their families are going after irresponsible gun dealers and gun
manufacturers who don't care what happens to their weapons after they
are sold. Not surprisingly the National Rifle Association, rather than
advocate reform measures, pulled the Republican Party out of its pocket
and directed it to pass legislation protecting the industry from its
transgressions.
Thirty cities, including Cleveland and Cincinnati, have brought lawsuits
against the gun industry, and Chicago, Detroit and New York are planning
to do so. These suits would disappear if this federal legislation is passed.
(Offering the latest example of how the "anti-big government" Republican
Party turns to big government whenever it suits its purposes.) Dozens of
individuals would lose their right to sue. A suit brought against a gun
dealer
by two New Jersey police officers wounded by James Gray, a convicted gun
trafficker, would be thrown out. In full view of the gun dealer, Mr. Gray
pointed out 12 guns he wanted to buy and handed thousands of dollars in
cash to an accomplice, who was able to purchase the guns because he
didn't have a record.
The legislation passed the GOP-dominated House easily and has 52
sponsors in the Senate, thanks to a couple of Democratic defectors. That
is
not enough votes, however, to prevent a filibuster, which should be
employed to keep this legislation off the desk of President Bush, who will
certainly sign it.
A nation awash in guns, where 80 Americans are killed daily by guns, should
do whatever it can to make sure gun dealers and manufacturers behave
responsibly and obey the law. Beyond that, anyone who opposes
sweetheart legislation designed to protect a politically connected industry,
and anyone who is appalled by the frightening spectacle of big government
depriving the individual citizen of his or her rights under the law, should
oppose passage of this bill.