Miami Herald: Bill to protect gun manufacturers clears Senate

March 1st, 2012

http://www.miami.com/herald/content/news/local/florida/digdocs/109563.htm

Miami Herald: Bill to protect gun manufacturers clears Senate

MIAMI HERALD
Friday, April 13, 2001

Bill to protect gun manufacturers clears Senate
BY STEVE BOUSQUET
[email protected]

TALLAHASSEE — The Senate passed a bill Thursday to block cities and
counties
from suing firearms manufacturers to seek damages on behalf of gunshot
victims, as Miami-Dade has done without success.

The Senate vote was 27-12 and all 12 senators voting no were Democrats,
most
of them from Miami-Dade and Broward. The bill’s sponsor is Sen. Charlie
Bronson, R-Indian Harbour Beach, who is running for state agriculture
commissioner in 2002.

“They’re 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,” said Bronson, a rancher and a longtime ally of gun owners.
“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.”

He said opponents misrepresented the bill’s contents by claiming that
the
measure declares the use of guns to be safe. He noted that the bill (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 debate and the lobbying for it by the National Rifle Association
shifts
to the House, where passage is likely. 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.

“This legislation corrects a wrong,” Hammer said. “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 circuit judge and an appeals court have dismissed Miami-Dade’s
lawsuit,
saying the county has no legal standing to sue gun makers. The county’s
latest appeal is now before the Florida Supreme Court, but Bronson’s
bill
does not affect ongoing litigation.

Sen. Ron Silver, D-North Miami Beach, an opponent, said the bill creates
a
“very dangerous precedent” by restricting elected officials’ access to
the
court system.

“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 said. “We’re saying the people don’t know
what
they’re doing when they elect us to office, and I reject that.”

Besides Silver, voting no were Sens. Skip Campbell of Coral Springs,
Mandy
Dawson of Fort Lauderdale, Buddy Dyer of Orlando, Steve Geller of
Hallandale
Beach, Betty Holzendorf of Jacksonville, Daryl Jones of Miami, Ron Klein
of
Delray Beach, Kendrick Meek of Miami, Les Miller of Tampa, Tom Rossin of
West
Palm Beach and Debbie Wasserman Schultz of Weston.

“This is about the gun manufacturers getting some special dispensation
from
the Legislature not to be sued by the government,” Klein said. “That’s
ridiculous, and it’s wrong.”

“This bill says guns are safe. No gun is safe in the hands of anyone.
It’s a
weapon. It’s designed to kill,” said Sen. Betty Holzendorf,
D-Jacksonville.

“We’re encouraging everyone in the state of Florida to be armed. . . .
I
know the gun lobbyists are tough, but we ought to be tougher.”