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Texas
Lawsuit Defends
Gun Industry
NewsMax.com Wires
Thursday, Nov. 16, 2000
AUSTIN,
Texas (UPI) – A group of Texas legislators said Wednesday they would file
a lawsuit seeking damages and other relief from 19 cities and five counties
across the country that have sued gun companies seeking to hold them liable
for crimes involving guns.
Twenty-five
legislators were plaintiffs in the lawsuit scheduled to be filed Wednesday
in state court at Lubbock, Texas. It contends the cities and counties
conspired to violate the Second Amendment and the Commerce Clause of Article
One of the U.S. Constitution.
"We
are filing this lawsuit to stop these cities from damaging our right to keep
and bear arms and the right of gun stores to conduct their businesses free
from harassing lawsuits," said state Rep. Suzanna Hupp, R-Lampasas.
Jerry
Patterson, a former state senator and president of the Civil Liberties
Defense Foundation, said the plaintiffs want to put a halt to "attempts
by litigious attorneys to hold lawful industries liable for the criminal
misuse of their products."
Since
October 1998, 31 cities, counties and the state of New York have filed
lawsuits against the gun industry, retailers and trade associations. They
seek to hold the gun industry liable for crime costs such as emergency
medical services and law enforcement.
The
lawsuits have not been decided on their merits as yet, according to the
foundation, but they have had damaging effects, such as forcing three gun
makers into bankruptcy.
Beyond the
Second Amendment question, the lawsuit said the legal action by the 19
cities and five counties drove up the costs of guns. It alleged if the
entire industry is bankrupted, more than 600 Texas gun stores would go out
of business. The legislators also argued that the lawsuits attempted to
usurp the power of the Texas Legislature to regulate guns in its own state.
The
lawsuit names the cities of Atlanta; Boston; Bridgeport, Conn.; Chicago;
Camden, N.J.; Cincinnati; Miami; Newark, N.J.; Gary, Ind.; New Orleans; St.
Louis; Philadelphia; San Francisco; Wilmington, Del.; Compton, Calif.; West
Hollywood, Calif.; Sacramento, Calif.; San Mateo, Calif.; Berkeley, Calif.;
and the counties of Los Angeles, Calif.; Miami-Dade, Fla.; Camden, N.J.;
Wayne, Mich.; Alameda, Calif.; and the District of Columbia.
Source:
NewsMax.com |
