For Immediate Release
Shame on our representatives who voted for h.r.1036 says the Mid-Atlantic Coalition to Prevent Gun ViolenceApril 10, 2003
Baltimore, MD: Shame on our Representatives who voted yesterday to pass H.R. 1036 and give almost blanket immunity from liability lawsuits to the gun industry,” said Leah Barrett, of the Mid-Atlantic Coalition to Prevent Gun Violence (MAC) and CeaseFire Maryland. MAC includes independent state gun control groups and Million Mom March State Councils.
Barrett continued: “The House avoided voting on this dangerous legislation last fall, when the DC sniper was terrifying the area and country. Now it has taken it up again behind the cover of the war in Iraq, in order to deliver a victory for its patrons in the gun lobby before the April meeting of the National Rifle Association.”
Leah Barrett, Executive Director of CeaseFire Maryland, the statewide group devoted to reducing gun violence, said: “Consumer protection litigation is a well-recognized tool to get business to behave responsibly, to correct dangerous product flaws and improve bad marketing practices. Passage of this bill will take way vital incentives to pressure the gun industry to build in safety features and change noxious marketing, distribution and selling practices. It will also take away the only recourse victims of gun violence have against corrupt gun industry practices. The passage of this bill will make our children and communities more vulnerable to the devastation of gun violence.”
Changes brought about by the threat of lawsuits are important incentives to protect our communities, including the devastation caused by gun violence, especially as guns are already one of only two products exempt from the Consumer Product Safety Commission (tobacco is the other.) This means that gun makers are already exempt from federal oversight in the design and safety of their products. The only recourse open to individuals when their lives have been ravaged by gun violence has been the courts. This bill would block that final avenue for gun victims to seek justice. For example, HR 1036 would prevent suits seeking damages when people are injured as a result of design flaws, such as someone not recognizing that even though the ammunition clip was removed, a bullet remained in the chamber. Safer technology is widely available, yet without the threat of legal action for failure to improve consumer safety, there is no incentive for gun makers to include load indicators or build-in integrated safety locks.
Furthermore, this bill would preclude suits asserting that the gun industry has been careless in how it markets and distributes its products, making it easy for guns to fall into the wrong hands. Gun makers claim such lawsuits are frivolous and would bankrupt them. The gun industry could change some practices to prevent lawsuits, such as ensuring dealers properly train employees. Manufacturers and distributors could use crime gun tracing data to avoid selling to corrupt dealers and crack down on multiple sales. Many lawsuits against the gun industry have been upheld by state courts. Finally, ongoing lawsuits, such as the NAACP’s (which would be stopped by this bill), ask for injunctive rather than monetary relief. Gun makers and distributors are simply being asked to change some of their practices to ensure the safety of the community.
Members of the Mid-Atlantic Coalition to Prevent Gun Violence are:
New Yorkers Against Gun Violence
CeaseFire Maryland (Marylanders Against Handgun Abuse)
CeaseFire New Jersey
CeaseFire PA
Million Mom March/Delaware State Council
Million Mom March/Maryland State Council
Million Mom March/NY State Council
Million Mom March/New Jersey State Council
Million Mom March/ Pennsylvania