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 Goes All in On Calls for Extreme Gun Control

News  

Monday, May 3, 2021

Biden Goes All in On Calls for Extreme Gun Control

President Biden dropped any pretense at “moderation” in his first address to a joint session of Congress since assuming the presidency.

Texas: Senate Passes HB 1927

Thursday, May 6, 2021

Texas: Senate Passes HB 1927

Early this evening, after more than 6 hours of debate and discussion on more than two dozen amendments, the Texas Senate passed House Bill 1927, constitutional carry legislation, on an 18-13 vote.

Louisiana: Constitutional Carry Bills Have Now Passed Both Legislative Chambers

Wednesday, May 5, 2021

Louisiana: Constitutional Carry Bills Have Now Passed Both Legislative Chambers

Recently, the Louisiana House passed Constitutional Carry legislation, House Bill 596. 

Leaked ATF Rule Would Upend Firearm Industry

News  

Monday, April 26, 2021

Leaked ATF Rule Would Upend Firearm Industry

On April 20th, The Reload, published what appears to be a leaked draft of an ATF proposed rule.

South Carolina AG Wilson Wins Against Columbia Gun Control

Wednesday, May 5, 2021

South Carolina AG Wilson Wins Against Columbia Gun Control

On May 4th, the South Carolina Court of Common Pleas ruled in favor of Attorney General Alan Wilson, agreeing that the City of Columbia’s anti-gun ordinances violate the state’s preemption law.

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.

South Carolina: Constitutional Carry Amendment Fails

Wednesday, May 5, 2021

South Carolina: Constitutional Carry Amendment Fails

Today, the Senate debated adding a constitutional carry amendment to House Bill 3094, the open carry bill. Unfortunately, the amendment failed to be adopted. 

Assault on Firearms Industry Continues

News  

Monday, May 3, 2021

Assault on Firearms Industry Continues

Joe Biden mentioned a number of the anti-gun goals...

Oregon: Anti-Gun Legislators Rushing to Pass Gun Control Legislation Move Vote to Tomorrow

Tuesday, May 4, 2021

Oregon: Anti-Gun Legislators Rushing to Pass Gun Control Legislation Move Vote to Tomorrow

Earlier today, we alerted you that anti-gun legislation, Senate Bill 554, was scheduled for a vote next month.

A Civilized Society

News  

Monday, May 3, 2021

A Civilized Society

Bloomberg columnist Sir Max Hastings shares his thoughts on guns, crime, and the differences between his native Britain and the United States in “I Grew Up on Guns. Now I’ve Learned to Love Firearm Control.”

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.