 National Association of Counties * Washington, D.C. Vol. 31, No. 15 * August 9, 1999 Previous story | Table of Contents | Next story Gun safety responsibility key By Kevin Wilcox
On July 17, members of the Justice and Public Safety Steering Committee heard an old fashioned debate between the National Rifle Association (NRA) and the Center to Prevent Handgun Violence (CPHV) over a proposed resolution asking Congress not to preempt the ability of counties to sue gun makers. It came down to a question of responsibility. Gregg Pearre, field representative for the State of Missouri NRA, said it is the responsibility of gun owners, not manufacturers, to store and use their weapons responsibly. "I’m not sure we’re looking at a design problem," Pearre said. "I think we’re looking at a user problem." Jonathan Lowy, senior attorney with Center, said that because gun makers are exempt from regulation by the Consumer Product Safety Commission, they don’t face regulatory pressure to include safety devices such as magazine disconnect safeties. "A responsible industry has to do what it can do to make products safe," Lowy said. "Responsible manufacturers design products for the careless. Think about safety caps on aspirin." The resolution was a response to efforts by some state legislatures and Congress to preempt counties and cities from suing gun makers for the costs of treating the victims of gun violence. Pearre said 13 states have already preempted cities and counties from pursuing legal action against gun makers. Missouri recently joined the list. Although the state’s law doesn’t technically prohibit the suits, it makes a county responsible for the gun maker’s legal fees if the county loses. "If you come up with a frivolous lawsuit, you’re going to pay," Pearre said. Lowy said there are two keys to this issue from the Center’s perspective. First, should counties be permitted to decide for themselves if they want to sue manufacturer that has caused damages? If so, do gun makers deserve a special exemption? Steering committee members offered questions from both sides of the issue. In response to a question about safety devices, Pearre said that given the small number of accidental shootings, the NRA considers them not to be cost effective. Lowy said that there is no question that the shooter, not the gun manufacturer, ultimately has to be held responsible for crimes. When asked if the two sides are working together on anything, both Pearre and Lowy said that their organizations recognize the importance of education but that the two organizations don’t work together. The committee didn’t pass the resolution, but did adopt a resolution supporting a national law requiring child safety locks on guns. |