Anti-gun suit bill
passes Fla. Senate

A bill prohibiting Florida cities from suing gun-makers has passed the state Senate over objections from Democrats, as a case filed by Miami-Dade County now sits before the state Supreme Court.

The Miami Herald said Friday that senators voted 27-12 to approve the measure that would bar cities, counties and municipalities from suing gun-makers to recover expenses for victims of gun violence.

The bill's sponsor, Sen. Charlie Bronson, R-Indian Harbour Beach, said the measure was needed to curb what he deems an unjustified attack on a lawful industry at the expense of the state's taxpayers.

"[The cities] are using taxpayer dollars to file these lawsuits because there are individuals in this state who don't like the idea of someone owning a firearm," Bronson told the paper. "I think it's time we quit blaming instruments for the cause of crimes in this state and blame the people who commit these crimes."

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Bronson, a life-long rancher, has been a staunch pro-gun ally, and he blamed opponents for misrepresenting the bill by erroneously claiming the measure declares gun-use safe.

He noted that the bill, known as SB 412, says that the "manufacture, distribution or sale" of guns and bullets by licensed dealers "is a lawful activity and is not unreasonably dangerous," the Herald reported.

The National Rifle Association is the bill's chief supporting lobbyist group. NRA lobbyist Marion Hammer said action is needed to stop elected officials from copying Miami-Dade Mayor Alex Penelas and spending tax money on groundless lawsuits with a goal of driving gun-makers into bankruptcy, the paper said.

With approval by the Senate, the bill now moves to the Republican-controlled House, where supporters have already predicted passage.

"This legislation corrects a wrong," Hammer told the paper. "Miami-Dade is intentionally attempting to drain gun manufacturers of their financial resources by dragging this out in court when two courts have clearly said they had no right to do it."

A state circuit court and an appeals court have already ruled that Miami-Dade had "no legal standing" to bring such a suit against gun-makers. Other courts in other states that have also rejected the lawsuits against the industry have said gun-makers cannot reasonably be held responsible for the misuse or criminal use of a product that has otherwise been legally manufactured, distributed and sold.

Sen. Ron Silver, D-North Miami Beach, an opponent of the bill, said it would create a "very dangerous precedent" because it would restrict governmental entities' access to courts.

"What this bill does is prohibit our governmental entities -- the people's representatives -- from bringing an action where they believe a wrong has been committed. That, to me, seems to be saying we have elected the wrong people to office," Silver told the Herald.

"We're saying the people don't know what they're doing when they elect us to office, and I reject that," he added.

"This bill says guns are safe. No gun is safe in the hands of anyone. It's a weapon. It's designed to kill," Sen. Betty Holzendorf, D-Jacksonville, told the Miami paper.

Supporters disagreed, pointing out that guns -- like cars, power tools or a variety of other products -- are dangerous only when they are misused or used with an intent to harm.

Other courts have also disagreed.

In September 2000, an Illinois circuit court threw out Chicago's suit against the gun industry on grounds that neither makers nor sellers could be held responsible for the acts of armed criminals.

And earlier, in February, the same court threw out an important element of the city's suit, which accused gun-makers and dealers of being negligent. The judge, Stephen A. Schiller, ruled that there was no basis in law for the city's claim of "negligent entrustment," which contended that the gun industry is responsible for gun violence.

In Texas, as governor, George W. Bush signed a law last year prohibiting cities from suing gun-makers.

Also, led by state Rep. Suzanna Gratia-Hupp, 26 Texas lawmakers have filed a countersuit against 19 cities, counties and municipalities across the country for their suits against the gun industry.

In the suit, 19 cities and five counties -- as well as the District of Columbia -- are listed as defendants. They are: Atlanta, Ga., Boston, Mass., Bridgeport, Conn., Chicago, Ill., Camden, N.J., Cincinnati, Ohio, Miami, Fla., Newark, N.J., Gary, Ind., New Orleans, La., St. Louis, Mo., Philadelphia, Pa., San Francisco, Calif., Wilmington, Del., Compton, Calif., West Hollywood, Calif., Sacramento, Calif., San Mateo, Calif., Berkeley, Calif., Los Angeles County, Calif., Miami-Dade County, Fla., Camden County, N.J., Wayne County, Mich., Alameda County, Calif., and the District of Columbia.

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