April 16th, 2003
By Gary Wisby
Chicago Sun-Times
A
North Shore congresswoman and anti-gun groups urged the U.S. Senate
Tuesday to defeat a bill they say gives special protection to the
gun industry.
The bill makes
gun manufacturers and dealers immune to lawsuits seeking damages resulting from
the misuse of their products by others. The White House and other supporters
argue that makers and sellers of a legal, non-defective product shouldn't be
unfairly punished, but Rep. Jan Schakowsky (D-Ill.) said Tuesday the measure
would unfairly void pending cases, including a suit against a dealer who sold
two guns to Benjamin Smith.
Smith killed
former Northwestern University basketball coach Ricky Byrdsong and wounded nine
others before taking his own life in 1999.
Schakowsky
pointed to a poll by Teenage Research Unlimited that found 41 percent of
teenagers said they could get a handgun if they wanted to.
Apologizing
for last week's 285-140 House vote in favor of the legislation, Schakowsky
said, "This bill has got to be defeated and more sane gun safety legislation
enacted."
The handgun is
not covered by consumer product safety laws, even though "it is the only
product designed to inflict serious physical injury or death," she said.
Steve Young,
an Evanston man whose son Andrew was murdered in 1996, said a "small but dirty
group of dealers [is behind] illegal sales" of handguns. "If this bill gets
through, it will open the floodgates."
Young's
lawsuit against a gun manufacturer is being combined with a $433 million City
of Chicago suit against the gun industry. The city suit accuses manufacturers,
distributors and dealers of flooding neighborhoods with handguns that are
purchased in suburbs and wind up in the city, where they are illegal.
Mike Forti,
deputy corporation counsel, said he hopes the Illinois Supreme Court will hear
the lawsuit this fall.
"This [bill]
strips gun violence victims of their right to a day in court and gives special
immunity to the gun industry, even when it acts negligently," said Thom Mannard,
president of Illinois Justice for Gun Victims.
Mannard and
representatives of the Brady Campaign to Prevent Gun Violence and the Coalition
to Stop Gun Violence said these kinds of claims will be barred if the
legislation passes:
*A gun
manufacturer designs an assault weapon specifically to appeal to criminals and
markets it directly to them.
*A dealer
ignores guns missing from his inventory which later are used in crimes.
*A gun maker
fails to design weapons with a built-in lock or with a chamber-loaded
indicator, an easily incorporated device that would prevent as many as 20
percent of unintentional shootings.
Gun
manufacturers say they should not be held responsible for the criminal acts of
people who obtain their products. They say it is outrageous to assert that the
policies of the gun makers contribute to murder.
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