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Davis repeal invites litigation
For the past two decades a shield law has
protected gun manufactures from lawsuits
regarding gun design, distribution and marketing.
This
week Gov. Gray Davis is expected to sign
Assembly Bill 496 and Senate Bill 682, two
almost identical bills that will overturn
the 1983 California Supreme Court ruling
removing any special immunity enjoyed by
gun manufactures.
If Gov. Gray Davis does repeal this law,
gun manufactures across the country can
expect a tidal wave of litigation intended
to ultimately put the companies out of business.
As much as that action may delight Gov.
Davis, who has opposed the gun manufacturers
shield law since its onset, and the army
of gun-control advocates behind him, it
will definitely upset and alarm citizens
who utilize and appreciate their right to
own guns.
Those who support the repeal of the shield
statute anticipate that it will force gun
manufacturers to be more responsible concerning
the aspects of designing and marketing their
product.
On the contrary, opponents fear the repeal
will not only flood the gun industry with
lawsuits, but also will unfairly punish
gun manufacturers if their product is ever
misused. The repeal will also make it possible
for people to argue in lawsuits that guns
are intrinsically defective because any
benefits they may offer are exceeded by
the harm they could potentially cause.
The shield statute was, and still is, a
necessary measure to protect gun manufacturers
from endless litigation that comes from
the overall controversial subject of guns
and gun rights.
Although it has been said before, knife
manufacturers do not get sued when a knife
is used as a tool to murder someone, nor
are rope manufacturers sued when someone
hangs himself. Thousands of items have the
potential to hurt or kill someone when they
are used in ways other than how they are
intended to be used. Guns, like knives,
are not produced to kill innocent people,
however, like many other things in the wrong
hands they can be used for destructive purposes.
This is not the fault of the gun manufacturers
and they should not be punished for the
actions of criminals.
The repeal of the statute should be recognized
as what it is, not a way to bring justice
to the families of gun victims, but just
another under-handed way for Gov. Davis
to drive gun manufacturers out of business.
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