Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Legislative Alert 2001-03-14

Tuesday, May 22, 2001

HB-449 is scheduled for a hearing in the Florida House Crime Prevention, Corrections & Safety Committee Thursday, March 15, 2001 at 8:30 AM !!! That`s TOMORROW MORNING! HB-449 by Rep. Allan Bense, Rep. Jerry Paul & others is the HOUSE 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 HB-449 by Reps. Bense & Paul - Stop Gun Manufacturer Lawsuits FLORIDA HOUSE CRIME PREVENTION, CORRECTION & SAFETY COMMITTEE MEMBERS TO CONTACT: Rep. Gus Bilirakis, Chair (R) [email protected] Rep. Aaron Bean, V-C (R) [email protected] Rep. Bev Kilmer (R) [email protected] Rep. Dick Kravitz (R) [email protected] Rep. Mitch Needelman (R) [email protected] Rep. Joseph Spratt (R) [email protected] Rep. Dwight Stansel (D) [email protected] BILL SUMMARY: HB-449 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. Mayor Penelas HAS ONCE AGAIN FILED AN APPEAL (this time trying to go to the Florida Supreme Court) 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 anti-gun 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. Posted: 2001-03-14
TRENDING NOW
Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

News  

Monday, September 20, 2021

University President, Activist Scolds, Try to Take “Come and Take It” Battle Cry

Long a slogan of defiance and independence, it is little wonder that the phrase “Come and take it” now finds itself falling into disfavor with a new generation of busybodies and penny-ante authoritarians. The latest ...

Harvard Researcher: About Half of New Gun Owners are Women

News  

Monday, September 20, 2021

Harvard Researcher: About Half of New Gun Owners are Women

In a blow to the tired stereotypes perpetuated by gun control supporters, a recent academic survey found broad diversity among recent first time gun buyers.

The State of Surveillance: California Cops and Social Media Monitoring

News  

Monday, September 20, 2021

The State of Surveillance: California Cops and Social Media Monitoring

Last year, the Brennan Center for Justice requested under California’s freedom of information law, that the Los Angeles Police Department (LAPD) provide records relating to the Department’s “social media monitoring” activities.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

Virginia Attorney General Finds More Roving Gun-Free Zones

News  

Monday, September 20, 2021

Virginia Attorney General Finds More Roving Gun-Free Zones

The Virginia state government’s attacks on law-abiding gun owners continue apace. On September 1, Attorney General Mark R. Herring (D) used his position to offer an expansive interpretation of statute that will create a confusing patchwork of ...

Virginia Shocker: Crime to Get Public Health Response, Not Police

News  

Monday, September 20, 2021

Virginia Shocker: Crime to Get Public Health Response, Not Police

The Mayor of Richmond rejected a plan to reduce violence by focusing on gangs, instead prioritizing a costly “public health” approach that conflicts with the reality on the ground.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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.