Congress gave the gun lobby its top legislative priority Thursday, passing a bill protecting the firearms industry from massive crime-victim lawsuits. President George W. Bush said he will sign it...
The House voted 283-144 to send the bill to the president after supporters, led by the National Rifle Association, proclaimed it vital to protect the industry from being bankrupted by huge jury awards. Opponents, waging a tough battle against growing public support for the legislation, called it proof of the gun lobby's power over the Republican-controlled Congress.
Keep in mind that the only way a lawsuit against the industry could succeed would be if the plaintiff proved that it was through the gun manufacturer's negligence that he or she was injured. Apparently, the obligation to demonstrate due diligence or reasonable action is something could wipe out the gun industry. And that's supposed to be a reason to pass legislation against victim recovery.
But if you've been the victim of gun crime? Don't worry, you'll still have access to the notoriously deep pockets of...the immediate shooter. That is, as long as a criminal court has already issued a conviction:
The bill's authors say it still would allow civil suits against individual parties who have been found guilty of criminal wrongdoing by the courts.
Which from the sound of it means that if the shooter can't be convicted because of a rights violation, or was demonstrably guilty on a civil standard of proof but not beyond a reasonable doubt, or was not guilty by reason of insanity, then the plaintiff can't even go to trial.
Don't worry, though; those fortunate people shot by a wealthy individual who doesn't use that wealth to secure an acquittal will still be able to seek recompense for gun violence. And if you're a victim of gun violence who doesn't fall into the above category...well, maybe you should have donated more to Bushco and friends to win their legislative approval.
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