Recoil From Gun Liability Decision
By Robert Warne - August 17, 2001Heeding the call of Justice Kathryn Werdegar’s dissent Aug. 6 that the Legislature needed to act to close a 1983 legal loophole exempting gun makers from product liability, Sen. Don Perata (D-Oakland) has initiated SB 682.
The 5-1 vote by the California Supreme Court in favor of Navegar Inc., manufacturers of the TEC-DC9 handgun used to kill eight people and injure six in a July 1, 1993 workplace tragedy in San Francisco, prompted the need to re-evaluate the law.
The bill announced Aug. 14, according to Perata, will strip away the special protection provided to gun makers from liability lawsuits.
Reuters reports that Perata said, " I believe all firearms should be held to the same standard of other comparable products that have a dangerous use or dangerous potential for the consumer."
According to the Contra Costa Times, Perata said, "I don’t see this so much as a gun control measure as I do as a consumer protection measure. It seems to me that torts and product liability are within the realm, first and foremost, of consumer protection, and this exemption just happens to be for a gun manufacturer."
Legislation exempting gun manufacturers from liability became law in 1983 after gun lobbyists sought to protect gun manufacturers that produced guns in California.
Backers of SB 682 hope for a speedy pass of the bill, due to the attention the Navegar decision has generated. Perata believes this will pass both houses before Sept. 14 when the Legislature adjourns, and expects Gov. Gray Davis to sign it.
(See "California Supreme Court Sets Precedence for Gun Maker Liability," August 7)
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