Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Chris W. Cox's Political Report, August 2005

Wednesday, July 13, 2005

POLITICAL REPORT

CHRIS COX, NRA-ILA Executive Director

The same-song chorus of reactions to a bill to reform D.C. gun laws is not a new one. But now, another obscure D.C. law has emerged as a major threat to gun owners all across the nation. This is a law you have probably never even heard or read about.

The outcry was predictable. Several U.S. Senators recently held a press conference to announce their introduction of a Senate bill to reform the gun laws in our nation's capital. Local politicians immediately teamed up with the hometown media elite to declare their outrage.

D.C.'s Representative in Congress called the bill an "attack on our children." The city mayor called the bill a "vicious attack" and an "insult" to the children. The Washington Post chimed in with concerns about "childhood shooting deaths."

The same-song chorus of reactions to a bill to reform D.C. gun laws is not a new one. But now, another obscure D.C. law has emerged as a major threat to gun owners all across the nation. This is a law you have probably never even heard or read about.

Call your Senators and Congressman (Capitol Hill Switchboard: 202: 224-3121) today. Urge them to support S. 397 and H.R. 800, and to vote for this legislation without any anti-gun amendments. Visit www.nraila.org for contact info.

Called the "Assault Weapon Manufacturing Strict Liability Act," the law was passed as an empty rhetorical gesture in 1990. The law holds the manufacturer, dealer or importer of any "assault weapon" or "machine gun" strictly liable for the damages arising from injuries or deaths resulting from the firearm's discharge in the District. "Strictly liable" means just that--held directly responsible for the criminal acts of others. Do not pass Go; do not seek due process or respect for hundreds of years of legal precedent to the contrary, because the court will ignore you. The law says what it says. Anyone in the District can file a suit claiming millions of dollars in damages, and then the gun maker proceeds directly to court. If a gun named in the law was used illegally by a criminal, the gun maker will be hit with a judgment ordering the gun maker to pay all costs for the mayhem caused by that criminal act.

There's more. While the law applies on its face only to "assault weapons" and "machine guns," it relies on the definition of such firearms in the D.C. code. And wouldn't you know it, the firearms forensic experts on the D.C. Council have a somewhat broader idea than most of what constitutes such a firearm. In the fine print of the D.C law, the definition includes any firearm that can shoot semi-automatically more than 12 rounds without manual reloading. So in truth, the law applies to any semi-automatic firearm that can accept a detachable magazine.

The law is so outrageous that it sat dormant for more than a decade, too preposterous for even the legal vultures in the gun ban lobby to exploit. But when baseless lawsuits against the gun industry became a rampant cancer upon our judicial system, the mayor of the District couldn't resist the temptation to file a lawsuit against the industry under the law's absurd provisions.

First dismissed, then appealed, then appealed again to the full D.C. Court of Appeals, the lawsuit was recently upheld by a vote of 8 to 1 in the Appeals Court. It took 48 pages of convoluted opinion for the District's top judges to justify their votes in favor of the law.

Since the plague of baseless lawsuits began, we have consistently warned that all it would take to bring our rights to the brink of ruin is one rogue judge or jury. It is not particularly surprising that the gun ban lobby managed to find eight of them right here in the nation's capital. What is surprising is that it took this long. The wheels of justice grind slowly, and apparently the wheels of injustice roll at an equal pace. But the injustice of this ruling is now poised to run roughshod over our rights.

Here's why. The firearms covered under the law are made by most of the nation's most famous and successful gun makers, as well as hundreds of smaller manufacturers. Thousands of violent crimes are committed with illegal firearms in the nation's capital every year. All of these manufacturers are now subject to being hauled into court by every victim of any such crime.

Worse yet, the ruling compounds the liability exposure of companies by holding that plaintiffs who do not know the identity of the firearm used in the crime may sue, and seek "discovery," from the entire field of manufacturers of guns covered under the law. Every time such a suit is filed, hundreds of companies will incur thousands of dollars in legal fees apiece, simply to comply with fishing expeditions into the records, and then the pockets, of lawful companies manufacturing non-defective products. In a study of understatement, the counsel for one of the most prominent and successful manufacturers predicted "frequent, costly, and quickly ruinous" litigation under the D.C. law.

Even some of our adversaries in the anti-gun media have expressed concern over the ramifications of these lawsuits. The Washington Post editorialized that "the rash of lawsuits against the industry is troubling . . . litigation is not the answer to America's problem with guns."

That's because the situation has become truly dire. The lawsuits have already bled the industry of more than $250 million in defense costs, with much more of the same now in the forecast thanks to the D.C. law. Several manufacturers have already declared bankruptcy under this mountain of legal bills--with many more teetering on the brink of financial ruin. One major manufacturer has already warned the Pentagon that these lawsuits, if left unchecked, will jeopardize the supply pipeline of guns and ammunition needed by our military and law enforcement officers. Not to mention the rest of us. Plants will be closed, communities will be devastated, and our armed forces may end up at the mercy of foreign companies to supply our troops.

Now, the only court of appeal left is the U.S. Supreme Court, which generally ignores outlandish rulings until and unless they are presented with a contrary ruling from another Circuit. That contrary ruling will not come from the federal courts in Brooklyn, where notorious anti-gun judge Jack Weinstein is expected to issue a separate, massive judgment against the firearm industry in September of this year.

The only other solution is now on the floor of Congress--S. 397 and H.R. 800, the "Protection of Lawful Commerce in Arms Act." These reform bills will do one thing only--put an end to the cancerous plague of lawsuits that blame our firearm industry for the criminal acts of third parties. Both chambers of Congress are gearing up now for what promises to be a ferocious debate. On one

TRENDING NOW
UK Officials Continue to Push Knife/Gun/Cleaning Products Control

News  

Friday, April 13, 2018

UK Officials Continue to Push Knife/Gun/Cleaning Products Control

The UK’s descent into absurdity continued this week as officials announced new efforts to crack down on knives and other potentially dangerous objects. The renewed interest in banning sharp objects stems from a recent spate of killings in London. ...

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

News  

Friday, April 13, 2018

Unfriendly Skies: Delta CEO Claims Bashing NRA Members is Good Business

In the wake of the Parkland, Florida, murders, there has been an unusual amount of anti-gun and anti-NRA commentary by private corporations with plenty of problems of their own.   In February, Delta announced it was ending a ...

Pennsylvania: Semi-Auto Ban Legislation to be Introduced

Wednesday, February 28, 2018

Pennsylvania: Semi-Auto Ban Legislation to be Introduced

This week, Senator Wayne Fontana (D-Allegheny) started circulating a co-sponsorship memorandum soliciting members of the Pennsylvania state Senate to support a proposal to ban commonly owned semi-automatic firearms and standard capacity magazines in Pennsylvania.  Please ...

Illinois: Committees to Hear Gun Control

Tuesday, April 17, 2018

Illinois: Committees to Hear Gun Control

Today, the Illinois state House Judiciary-Criminal Committee will be considering a floor amendment that was added to House Bill 1470 to ration the exercise of Second Amendment rights. In addition, the state Senate Judiciary Committee will consider bills that would ...

The Opposite of Data-Driven Public Policy

News  

Friday, April 13, 2018

The Opposite of Data-Driven Public Policy

The Governor of Vermont, Phil Scott, signed gun control measures earlier this week – adding restrictive new laws including age restrictions on firearms purchases, bans on “high-capacity” (read: standard capacity) magazines, bans on bump stocks, and ...

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

News  

Friday, April 13, 2018

Bailed-out Banks Launch Coordinated Attack on Law-abiding Gun Owners

There is growing evidence that some of America’s financial elite want to create a world in which America’s public policy decisions emanate from corporate boardrooms in Manhattan rather than from citizens and their elected officials.  ...

Trial Judge Mocks the Late Justice Scalia While Upholding Expansive Gun Ban

Second Amendment  

News  

Friday, April 13, 2018

Trial Judge Mocks the Late Justice Scalia While Upholding Expansive Gun Ban

Gun owners have seen many outrageous instances of courts dismissing the importance, if not the very existence, of the individual right to keep and bear arms. But Judge William G. Young of the U.S. District ...

New Jersey: Senate Committee Approves Gun Control Bills

Wednesday, April 18, 2018

New Jersey: Senate Committee Approves Gun Control Bills

On Monday, the Senate Law & Public Safety Committee approved several gun control bills during a hearing that stretched over five hours. 

Washington: Seattle to Consider Legislation to Make Firearms Unavailable for Self-Defense

Tuesday, March 27, 2018

Washington: Seattle to Consider Legislation to Make Firearms Unavailable for Self-Defense

Seattle Mayor Jenny Durkan and Councilmember M. Lorena González have announced their intention to introduce legislation to impose a one-size-fits-all method of storing firearms as well as punishing victims of theft by requiring reporting of lost or ...

MORE TRENDING +
LESS TRENDING -
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.