Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Legislative Alert 2001-03-02

Friday, March 2, 2001

TUESDAY HEARING SCHEDULED FOR SB-412

SB-412 is scheduled for a hearing in the Florida SENATE Criminal Justice Committee next Tuesday, March 6, 2001 at 2:30 PM !!!

SB-412 by Sen. Charlie Bronson, Sen. Alex Villalobos & Sen. Rudy Garcia is the Senate bill to stop governments from filing frivolous and reckless lawsuits against gun manufacturers. [Full summary below]

Emails are immediately needed to members of this committee.

IN THE SUBJECT LINE PUT:

SUPPORT SB-412 by Bronson - Stop Gun Manufact. Lawsuits

FLORIDA SENATE CRIMINAL JUSTICE COMMITTEE MEMBERS YOU NEED TO CONTACT:

Sen. Alex Villalobos,Chair (R) villalobos.alex.web@leg.state.fl.us
Sen. Victor Crist, V-Chair (R) crist.victor.web@leg.state.fl.us
Sen. Charlie Bronson (R) bronson.charlie.web@leg.state.fl.us
Sen. Locke Burt (R) burt.locke.web@leg.state.fl.us
Sen. Rod Smith (D) smith.rod.web@leg.state.fl.us

BILL SUMMARY: SB-412 CIVIL ACTIONS/GUN MANUFACTURERS

Prohibits any lawsuit by, or on behalf of, the state, county, municipality, town, special purpose district or other political subdivision for damages, abatement, or injunctive relief resulting from the lawful design, marketing, distribution, or sale of firearms or ammunition to the public. Provides that the potential of a firearm or ammunition to cause injury, damage, or death is not a defective condition, whether the firearm or ammunition is discharged legally or illegally. Provides for the award of expenses and attorney`s fees.

BACKGROUND INFORMATION FOR THOSE WHO WANT IT:

REASONS THESE LAWSUITS MUST BE STOPPED

In November 1998, Miami-Dade Mayor Alex Penelas announced that he was filing a lawsuit against over 20 major firearms manufacturers.

In December 1999, Circuit Judge Amy Dean threw Penelas`s Miami-Dade lawsuit out of court. In dismissing the lawsuit Judge Dean said the county ``lacks standing`` to sue firearms manufacturers. Dean also ruled that the county can`t collect damages from the nation`s major gun manufacturers. She also said individual victims have rights to sue the industry for negligence or product liability, but not the county.

Miami-Dade Mayor Alex Penelas immediately vowed to continue the attack on gun manufacturers and appeal the ruling in the state Third District Court of Appeal. Penelas also said he and Miami-Dade county were considering a class action lawsuit against gun manufacturers and that he planned to have the county join the Clinton Administration if Clinton and HUD decided to bring a lawsuit against the gun industry.

On February 14, 2001, the Florida Third District Court of Appeal also threw out Mayor Penelas`s lawsuit calling it an improper "attempt to regulate firearms" through the courts.

But Mayor Penelas may once again file an appeal to force the firearms industry to expend more money fighting the lawsuit while he uses public funds -- tax dollars -- to engage in malicious lawsuits which promote his own personal gun control agenda to try to impose backdoor gun control.

These lawsuits are nothing more than extortion, coercion, and blackmail. They are patterned after the tobacco lawsuits. They are designed to extort settlements from gun manufacturers to avoid protracted litigation and enormous legal fees which threaten to bankrupt them long before they could ever get final resolution in court. They are unbridled attempts at intimidation; attempts to force actions that are detrimental, not only to the defendants, but to the business community, to the Second Amendment and to Freedom. Even anti-gun newspaper editorials have railed against these lawsuits as abusive. The ST. PETERSBURG TIMES called the lawsuits "litigation tyranny" and an "abuse of the court system" and said, "This epidemic of running to the courthouse to address every public ill needs to stop."

On April 2, 2000 The Washington Post, the most antigun newspaper in the county, said:

"The government has nearly unlimited resources...Even a weak case can be used to bully those who lack the resources to fight to the end...So where is the line between legitimate governance and extortion? "Against the gun makers, the government does not even claim to have its own cause of action. Rather it is organizing a suit by local authorities and then stepping into negotiations to push its [political] policies as a basis for settlement... "To [allow these lawsuits] undermines the legislative branch, demeans the judicial and poses threats to the liberty of those who obey the law but fall out of official favor."
The transparent goal of taking a large number of weak cases to court simultaneously is not to win verdicts, but to bankrupt small firearms companies by inflicting massive legal costs upon them. That is nothing less than a naked attempt to ban future sales of guns by putting manufacturers out of business.

The Legislature needs to pass this legislation. Otherwise the message will be that it is open season on every manufacturer, wholesaler and retailer of any legitimate product ever made or to be made, if there is any potential that the product could in some manner cause injury when misused, abused or neglected by the consumer or a criminal.

Use our "Write Your Reps" tool to contact Florida SENATE Criminal Justice Committee.
Posted: 2001-03-02
TRENDING NOW
U.S. Politicians Cheer New Zealand Gun Confiscation

News  

Friday, March 22, 2019

U.S. Politicians Cheer New Zealand Gun Confiscation

American gun owners have once again been reminded that the ultimate goal of U.S. gun control advocates is firearms bans and confiscation. Since the heinous terrorist attack in Christchurch, New Zealand, American anti-gun politicians, activists, ...

Iowa: House Passes Bill to Improve Hunting Opportunities

Hunting  

Friday, March 22, 2019

Iowa: House Passes Bill to Improve Hunting Opportunities

On March 20th, the Iowa state House of Representatives voted 57-40 to pass House File 716 to improve hunting opportunities in Iowa by expanding the types of cartridges that may be used for hunting.  HF 716 will ...

Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

NRA Praises Vermont Superior Court Decision on Magazine Bans

News  

Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

News  

Friday, March 22, 2019

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

The ongoing cheerleading effort by the international press in furtherance of the New Zealand government’s gun confiscation plans is enough to make any journalist with even a shred of objectivity blush. Worse, some outlets have ...

Illinois Court Throws Out Deerfield Gun Ban

News  

Friday, March 22, 2019

Illinois Court Throws Out Deerfield Gun Ban

NRA applauds Illinois court ruling throwing out Village of Deerfield's ban on commonly owned firearms and magazines.

Alaska State Commission for Human Rights Director Attacks Human’s Rights

News  

Friday, March 22, 2019

Alaska State Commission for Human Rights Director Attacks Human’s Rights

The Last Frontier is also one of the last places one expects to find rights-trampling government officials. The state’s strong libertarian streak is one of the reasons a recent report regarding the authoritarian behavior of an official ...

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

News  

Friday, March 22, 2019

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

On March 14, pro-gun Sens. Kevin Cramer (R-ND) and John Kennedy (R-LA) introduced S. 821 the Freedom Financing Act, a bill to prohibit discrimination against the firearms industry in the provision of financial services.

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

News  

Friday, March 15, 2019

Activist Court Turns the Law Designed to Protect the Firearm Industry from Frivolous Lawsuits on its Head

On Thursday, the Connecticut Supreme Court created a dangerous new exception to the Protection of Lawful Commerce in Arms Act (PLCAA), a strong safeguard for our right to keep and bear arms.  

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

Thursday, March 21, 2019

Utah: Self-Defense Bill Heads to the Governor’s Desk as Multiple Gun Control Bills Fail at the End of Session

The Utah Legislature has adjourned from its 2019 Legislative session.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.