11/21/2003: 
Criminally Absurd
Appeals Court Reinstates Wrongful Death Suit Against Gun Industry
By David Kravets, Associated Press
SAN FRANCISCO (AP) - 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.
This is exactly the type of story I envisioned when I brought up the idea for this category. I lump this together with the woman suing McDonalds when she dumped hot coffee in her lap, and parents of fat kids suing fast food restaurants for making there kids fat. Maybe I should have entitled the category "Abandon All Personal Responsibility, Ye Who Enter Here." Nah, wouldn't fit on an icon.
For the rest of the story, click "more" or the Associated Press link above.
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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.
AP-ES-11-20-03 1552EST
