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May 12, 2005

Progress in Oregon

From the Corvallis Gazette-Times (OR):


Gun makers or sellers could not be sued for damages caused by illegal use of firearms under a bill easily approved Tuesday by the House.

The measure went to the Senate on a 39-17 vote despite opponents' claims that it is constitutionally flawed.

Backers of the bill said the gun industry is prone to harassment by opponents who have brought lawsuits without merit around the country in hopes of making a legitimate business liable for criminals' acts.

[...]

Gun sellers also could be sued for damages when there was evidence they knew or should have known that a buyer "was likely to use the firearm in a manner that would cause unreasonable risk of physical injury.''

[...]

Democratic Rep. Robert Ackerman of Eugene argued that the bill probably would be struck down in court.

He said the measure would take away the state constitutional right to a legal remedy for an injury — the right to sue for damages — without providing an alternative.

But Rep. Wayne Krieger, D-Gold Beach, said the remedy is "you can sue the person using the gun.''


I love that last quote by Krieger because it gets to the heart of the matter. Most mutants don't have any money and that's the real reason for all these lawsuits by various municipalities.

I am disturbed by one of the lines of the story (included above) implying that a firearm dealer should have to guess or mind-read the intentions of a buyer or he could still be held liable. None-the-less, this is a good bill and bears watching.

In a related note, I notice there isn't much action on Capital Hill over the national legislation that would accomplish the same thing. With Democrats and Republicans at an impasse over almost everything, the "Protection of Commerce" act isn't moving. And if the Republicans actually (and stupidly) resort to the "nuclear option" of curtailing filibustering and Democrats respond by bringing Congress to a halt, we may never see that bill pass.

Posted by Jeff Soyer at May 12, 2005 07:42 AM
Comments

I don't know about "likely to use the firearm in a manner that would cause unreasonable risk of physical injury," but I think at least some straw buys should be pretty easy to identify.

Some months ago I had a new Private in training who was arrested by the ATF for straw buying for her gang banger BF. She apparently walked into the gun store with a list of guns, and wouldn't have known a Raven 25 from a 25mm Bushmaster cannon. Shop owner called the sheriff as part of the NICS check, and they then let the whole thing go through (the sheriff apparently knew who she and her BF were) and they ended up busting her for the straw buy and the BF for felon in possession.

The couple skipped bail, and are currently wanted for that, along with armed robbery in both North and South Carolina.

Where do recruiters find these people?

Posted by: Heartless Libertarian at May 12, 2005 08:14 AM

The filibuster is not constitutionally guaranteed. It is only a Senate procedural rule and can be changed by the Senate. I really fail to see the advantages of allowing a minority to block Senate business so that a supermajority is required to pass legislation rather than the (constitionally guaranteed) majority.

Posted by: Ken Summers at May 12, 2005 10:31 AM

One error in the story: Krieger is a REPUBLICAN and chair of several key committees in the GOP controlled house.

Posted by: Gullyborg at May 12, 2005 04:21 PM

In addition to what Ken pointed out...

The Republicns aren't talking about ending the filibuster completely, just allowing a stright up-or-down vote in judicial nominations cases.

Dude, you are either seriously uninformed or trying to spin the issue. There is room for debate on the issue, but that requires an honest statement of facts. Isn't this the sort of tactic the VPC and HCI resort to?

Posted by: DaveP. at May 14, 2005 10:03 AM

All Right, already, I've removed the offending term I used. It's not a constitutional guarantee but I DO think it would be stupid to scrap it. The Democrats might one day be back in power and it would be a needed tool for Republicans (as it was during Clinton's terms). In addition, most folks in this country like the Senate to be deliberative and slow moving and yes, even obstructionist. It prevents sudden policy swings that could cause unrest in the nation. If some of the reasons Democrats give for not allowing certain judicial nominees to come to a vote sound hollow and ridiculous, so do some of the reasons given by Republicans. I like the checks-and-balances.

Posted by: Jeff Soyer at May 14, 2005 12:28 PM

Like I said, there's room for legitimate debate.

But posting about how the Republicans want to trash the Constitution for all time with the NUCLEAR OPTION isn't legitimate debate; it's peddling BS. You (and I) know that this is illegitimate when it's Josh Sugarman and Sarah Brady talking about how the NRA supports the sale to children of full-auto assault weapons specifically designed to kill police officers; it's just as illegitimate in any other case.

PS- The filibuster isn't part of checks-and-balances, either: it does nothing to reign-in or limit either the judicial branch or the executive branch. All it does is to insure that a proposed act has at least some support from the opposition party when both parties have close to equal representation (when one party has over 60 seats to start with it's a dead letter). It is also dreadfully prone to abuse and has been limited before in similar ways without the collapse of representational democracy occurring.

Posted by: DaveP. at May 14, 2005 08:25 PM
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