Don't Give Special Immunity to Corrupt Firearms Makers

Don't give special immunity to corrupt firearms makers

by U.S. Sen. Jack Reed

PROVIDENCE, R.I.-The U.S. Senate is preparing to vote on a bill that, if passed, would allow unscrupulous gun manufacturers and corrupt gun dealers to go unpunished for neglecting to maintain their industry's traditionally high standards.

The Senate bill would immunize crooked and negligent gun manufacturers, gun dealers, distributors and trade associations from most lawsuits-an unprecedented blanket protection that no other industry enjoys.

We all recognize that law-abiding gun store owners and manufacturers who provide high-quality firearms to hunters, law enforcement and the military should not be the targets of frivolous lawsuits. Unfortunately the Senate bill goes too far by providing a blanket protection to those few in the gun industry-condemned by their own colleagues-who put profit ahead of public safety.

This "gun immunity" bill rewrites essential principles of liability law, which hold that persons and companies may be held responsible for their reckless acts. If Congress steps in to immunize the gun manufacturers and dealers from civil liability standards that apply to every other industry in America, the industry will never be motivated to adopt basic technologies that would prevent unintentional firearms death and injury or rein in dishonest gun dealers who knowingly sell guns to "straw purchasers," who then resell them to criminals.

Those who support immunity for the gun industry claim that the criminal justice system already has the power to prosecute violators. But a recent report by the Americans for Gun Safety Foundation found that as many as 22 federal gun laws go unenforced.

Over the past several years the gun lobby has successfully limited the funding and resources available to government agencies responsible for enforcing gun laws, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and has
restricted the unannounced inspection of gun dealers to one a year.

Americans who are victimized as a result of the negligence of the firearms industry deserve their day in court to prove that gun manufacturers and dealers should be held liable for their actions.

Denise Johnson, who lost her husband, Conrad, in the sniper shootings in the Washington area last fall, would see her lawsuit thrown out of court if this bill were to become law. Denise decided to sue after learning that the rifle used to kill her husband and nine other people had "disappeared" from Bull's Eye Shooter Supply in Washington state. The murder weapon was one of more than 230 firearms in Bull's Eye's inventory that "vanished" without the required sales records or background checks.

After a review of their records, it was discovered that over four years, Bull's Eye sold guns involved in 52 crimes, including homicide, kidnapping and assault.

In an April 10 op-ed in The Washington Post, Denise wrote, "If any other product injured my husband and irresponsible sellers played a part, I would be able to bring a case in court. But because Conrad was shot with a gun, my lawsuit would not be allowed. Those who sell guns that are sought by criminals need to be more careful than sellers of other products, not less careful."

The Senate bill would set a disturbing precedent by giving a single industry broad immunity from civil liability, depriving even victims with legitimate cases of their day in court. If this legislation is enacted, other industries will almost certainly line up for similar protections.

In proposing the special immunity legislation, Congress is placing the financial interests of corrupt and unethical players in the gun industry before the protection of victims of gun violence.