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Lock and Load Legislation Aimed at Gun Maker Liabilities
By Robert Warne - June 5, 2002

The Legislature is preparing to break down the liability barrier that has protected gun manufacturers in California since 1983. Authored by Sen. Don Perata (D-Oakland), SB 682 would repeal the statute that immunizes gun companies from liability claims.

The California Supreme Court Aug. 6, 2001 decision in Merrill v Navegar, Inc. proved to be the catalyst for the new legislation. The plaintiffs wanted to hold Navegar liable for a 1993 incident when a man armed with two assault weapons killed eight people in a San Francisco office.

The court ruled Navegar couldn’t be held liable because of California Civil Code Section 1714.4. SB 682 seeks to repeal this section and to amend other parts Section 1714.

Following the Merrill v Navegar decision, Perata announced the intentions of SB 682. He told the Contra Costa Times, “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.”

The bill didn’t make it to Gray Davis’ desk last September, but has already passed the Senate this year and is due for an Assembly vote this week.

 
 

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