Appeals Court Reinstates Gun Lawsuit
By THE ASSOCIATED PRESS
Published: November 21, 2003
Filed at 12:44 a.m. ET
SAN FRANCISCO (AP) -- A federal appeals court Thursday reinstated a wrongful death lawsuit against the gun industry in a decision expected to re-ignite debate over legislation immunizing gun makers from being sued for crimes committed with their products.
More than 30 states already have laws exempting gun manufacturers and distributors from suits, although few ban lawsuits by both local or state governments and victims of gun violence. The House in April passed a bill to extend a ban on any such suits nationwide and President Bush has said he would sign it. Senate Democrats have threatened to filibuster the proposal.
The 2-1 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals reinstates a lawsuit filed against gun manufacturers and distributors whose weapons were used by a white supremacist who shot a Filipino-American postal worker to death and wounded five people -- including three children -- at a Jewish day care center in a 1999 Los Angeles-area rampage.
A Los Angeles federal judge in 2001 had thrown out the case, filed by families of the victims against Georgia-based Glock Inc., China North Industries Corp., RSR Management Corp. and RSR Wholesale Guns Seattle Inc. The case was filed under California negligence and wrongful death statutes. (snip/...)
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