A Victory

A bill that protects the makers of firearms and ammunition from lawsuits for their misuse by criminals has passed the Oregon House of Representatives.

I am sad to say that my district Representative, Robert Ackerman, was one of the minority voters against this bill.  He argues that the bill might be unconstitutional.

Hey, Bob: I don't care if you are a lawyer.  You are not a judge, let alone a member of the Supreme Court.  Your job is to MAKE THE LAW, not vote based on what you think might be unconstitutional.  Why do I emphasize might?  Because the trend in many states is towards laws exactly like this one.  Thus far, not a single state Supreme Court has found any of these laws unconstitutional.

Further, Bob thinks this bill would take away the right of the injured to sue for relief.  Here, I must commend Representative Wayne Krieger (note: the news story linked above incorrectly labels this fine Republican as a democRat!).  Wayne reminds us that the injured can sue the criminal who misused the firearm.  What a novel idea: make people responsible for their actions!

Another idiot, Representative Greg Macpherson, thinks this takes all liability away from the industry. 

Greg: no it doesn't.  Nothing in the bill takes away a gun manufacturer's liability for a faulty product or criminal negligence. 

If Nosler, the Oregon-based ammunition manufacturer that lobbied for this bill, makes ammunition that, by fault of manufacture or design, causes injury to people who use it properly, it will still be liable.  But under this bill, Nosler will be protected if Johnny-Meth-Head steals a box of ammunition and illegally shoots up a gas station trying to score some cash for another hit.  Likewise, if a gun store sells a gun to a person after fully complying with all legal requirements, such as background checks, that store will not be liable if the individual later decides to commit a crime.  However, the store will still be liable, and rightly so, if it sells a firearm to a criminal because it failed to comply with laws relating to sales and background checks!

What part of this don't you understand?  It's right there in the language of the bill!

It is good news that this bill has passed the House.  But the real battle will come in the democRat-controlled Senate, where the trend is towards more gun-control and less protection for gun-owners and the shooting industry.

Be sure to contact your state Senator and let him or her know that you support protections against frivolous lawsuits and protections for lawful gun-owners and the shooting industry.  Support House Bill 2373 and its Senate companion, Senate Bill 428.

And if you are not in Oregon, then urge your state Representatives, Senators, and Governor to protect your state's gun-owners and the shooting industry.  Remember, most liability suits can be filed in federal court or out of state; we need this protection in every jurisdiction.