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Lawyers Looking for a Way Around Pesky Law PDF Print E-mail
Written by Daniel White   
Tuesday, 15 November 2005

Last month, President Bush signed into law the "Protection of Lawful Commerce in Arms Act" (S. 397) ending politically motivated lawsuits designed to bankrupt law-abiding American firearm manufacturers and retailers. S. 397 had passed both chambers in Congress with broad bipartisan support.

Now, a group of lawyers in Buffalo are upset because their lawsuit against firearms manufacturer Hi-Point and a local firearms distributor may get dismissed because of the new law.
"[The] defendants persisted in making these guns available to criminals who the defendants knew or should have known were using them in crimes," the lawsuit charges.

This is exactly the kind of frivolous lawsuit the law was designed to block.

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Over two years ago, Daniel Williams of Buffalo survived a drive-by shooting. The shooter used a Hi-Point pistol, and Williams' attorneys filed suit against the Ohio based manufacturer and a local distributor after it was determined that the firearm had been illegally purchased at a gun show in Dayton.

Despite the fact that a criminal misused the firearm and obtained it illegally, Williams' attorneys felt that the manufacturer and distributor were somehow liable for these criminal acts.

After the Protection of Lawful Commerce in Arms Act passed, they modified their lawsuit in an attempt to get around the new law.
"Our lawsuit withstands even the draconian gun-immunity bill," attorney Terrence M. Connors said. "The Williams family will have its day in court. This is a case that needs to be heard."

While any shooting is a tragedy, holding manufacturers and distributors liable makes as much sense as suing Ford and the local Ford dealership for a drunk driving accident.
"It's not fair [to blame the gun industry], and it's something that was not well-grounded in the law, even before the immunity bill was passed," John F. Renzulli, the attorney representing Hi-Point, said. "And now, the immunity bill makes it perfectly clear that gun manufacturers should not be blamed for those who criminally misuse their guns. The person who fires the gun creates the mayhem."

We agree. The NRA agrees. The U.S. congress agrees. The President of the United States agrees. And the majority of the country agrees that you can't hold a third party liable for a criminal act for which they have no control. The law was passed for a reason, and no amount of complaining or searching for a loophole is going to change any of that.