“CASH FOR TRIAL LAWYERS”: Dems Gun Manufacturer Liability Bill Seems To Forget About Federal Law

Credit: @CalebBonham

Legislative Democrats held a press conference today to announce 8 new gun control measures they are proposing, though they declined to actually release any of the bills in question. There are a number of terrible bills being proposed, but one in particular looks set to blow up in Democrats’ face based on existing federal law that stands in direct contradiction.

Per The Denver Post‘s Kurtis Lee:

Colorado Democrats said they will introduce bills that would hold makers and sellers of assault-style weapons legally liable for any harm gunmen inflicted with them in a news conference Tuesday in which they called for a long list of tough new gun-control laws.

The call to hold makers and sellers of assault-style guns appears to be in conflict with a federal law passed by Congress in 2005, according to David Kopel, a University of Denver law professor and Second Amendment expert.

“The purpose of the (Protection of Lawful Commerce and Arms) act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products,” Kopel said in a recent e-mail. “However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.”

The Dem’s liability law is quickly becoming known as “cash for trial lawyers” as that is the only group that stands to benefit from the legislation. As Senator Brophy quipped to reporters, trying to hold gun manufacturers liable for gun violence is like trying to hold Coors responsible for drunk drivers.

If the law were to pass it would almost certainly be challenged in court, and overturned as the federal law protecting gun manufacturers from liability supersedes it. How many Colorado taxpayer dollars are Democrats willing to risk to defend a law that won’t stand up to legal scrutiny?

Did the bill drafter even bother to perform a simple Google search before parceling out a big gift to trial lawyers?

 
© 2011-2013 Colorado Peak Politics