Assembly panel narrowly backs measure providing immunity from lawsuits

By Dennis Chaptman
of the Journal Sentinel staff
Last Updated: Jan. 27, 2000
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History of Assembly Bill 246

Text of Assembly Bill 246
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Madison – Firearms manufacturers and dealers would get sweeping immunity from lawsuits seeking to hold them responsible for gun deaths and urban violence under a bill endorsed by an Assembly committee Thursday.

“These lawsuits have to stop,” said Rep. Mike Huebsch (R-West Salem), chairman of the Assembly Judiciary and Personal Privacy Committee, which voted 5-4 along party lines to recommend passage of the bill.

“Those of you who want to overturn the Second Amendment, it’s not going to happen in Wisconsin,” Huebsch warned.

Cities and groups nationally have filed lawsuits against the makers of firearms, seeking damages for gun-related deaths and injuries. Milwaukee is one of the cities that have considered such a suit.

Critics of the legislation say it robs communities of local control and access to the court system.

“The reason we have courts is to decide whether lawsuits have merit,” said Jim Haney, spokesman for Attorney General James Doyle. “It’s not a proper role for the Legislature to take away that local control and access to the courts.”

Last spring, Doyle branded the bill “nonsense that’s being driven by the NRA (National Rifle Association).”

But proponents say the bill is needed to protect an industry from what they view as frivolous lawsuits. Nine other states have enacted similar legislation.

Rep. Mark Gundrum (R-New Berlin), one of the bill’s co-sponsors, said the aim of the anti-gun lawsuits is to subvert the legislative process and make guns harder to obtain.

“Law-abiding citizens have a right to protect their families,” Gundrum said. “The purpose of these lawsuits is to make guns so unaffordable that people couldn’t afford to buy them to protect their families.”

But Rep. Pedro Colon (D-Milwaukee) opposed the bill, saying it takes control away from communities.

“We’re saying to local officials, ‘We don’t care what you think of this issue,’ ” Colon said. “It’s absurd that we’re trying to block people from filing lawsuits based on some loose conspiracy theory that people are trying to put this industry out of business.”

Rep. Tony Staskunas (D-West Allis) said the bill is an example of unwarranted state intrusion into local affairs.

“We are meddling where we should not be meddling in local control,” Staskunas said. “I regret we’re having some forfeiture of principle to effect political gain.”

Rep. Gary Sherman (D-Port Wing) also questioned granting such broad immunity to the firearms industry.

“I have confidence in the courts to sort it out in the normal process, rather than have us intervene,” said Sherman, who noted he is a gun owner and a supporter of the right to keep and bear arms.

But Rep. Scott Suder (R-Appleton) said the lawsuits are a naked attempt to shutter an industry.

“It’s about shutting down guns,” Suder said. “Government should not be in the business of suing. To have government suing a legitimate business absolutely appalls me.”

The bill also would bar lawsuits from individuals and groups.

Along with manufacturers and dealers, the bill extends immunity from civil liability to firearms trade associations, importers, a gun or sportsmen’s club or shooting ranges for gun injuries and deaths.

The bill does not preclude lawsuits seeking damages for breach of contract, negligent handling of firearms, injuries and deaths caused in crimes, and product liability actions. Gundrum noted that Wisconsin voters approved a constitutional amendment in 1998 that affirms the right to keep and bear arms.

“These frivolous lawsuits are an attempt to erode this constitutionally protected right by bankrupting manufacturers because of the huge legal costs,” he added.

The bill is expected to go to the full Assembly in early February.