Statement of Senator Dianne Feinstein Opposing Legislation to Give Gun Manufacturers and Dealers Sweeping Immunity from Lawsuits

Statement of Senator Dianne Feinstein Opposing Legislation to Give Gun Manufacturers and Dealers Sweeping Immunity from Lawsuits
May 13, 2003

Washington, DC -- At a news conference today, U.S. Senators Jack Reed (D-RI), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Frank Lautenberg (D-NJ), Barbara Mikulski (D-MD), and Chuck Schumer (D-NY) announced their opposition to legislation that would immunize gun manufacturers, gun dealers, distributors and trade associations from most lawsuits, and discussed their strategy for preventing the bill from being approved by the Senate. The following is the prepared text of Senator Feinstein's statement:

"This bill, with narrow exceptions, would essentially give the gun industry blanket immunity from civil liability cases - an immunity that no other industry has. Therefore, gun manufacturers and distributors will be able to avoid responsibility in the design, manufacturing, marketing and selling of weapons. We must not let the gun industry off the hook.

One of the cases that could be affected by this legislation - though this would ultimately need to be decided by a judge -- is that of Brandon Maxfield, a seven-year old from Oakland, California. In 1994, Brandon was shot in the chin by his baby sitter. The shooting left Brandon a quadriplegic, and he will never be able to walk again.

The baby sitter (20-year old Larry Moreford) was simply trying to remove a bullet from the chamber of a weapon that was found in the house -- a .38 caliber Saturday night special - when the gun accidentally fired. The weapon, though, was designed in an inherently dangerous way - it can only be unloaded when the safety is in the "off" position and can therefore fire.

Nine years later, a jury has found the manufacturer and distributor of Saturday night specials partially liable for Brandon's injuries, and awarded Brandon $50.9 million in damages. This is a tremendous victory for Brandon and his family, and a victory for all people who wish to see guns made safer.

The National Rifle Association (NRA), however, wants to take away Brandon's right to sue. The NRA is pushing legislation, which the House has already approved, that could put an immediate stop to lawsuits against the gun industry filed by individuals, organizations, or cities.

The lawsuits that could be barred by this bill include:

Product liability and unsafe gun design cases;
Negligent distribution; and
Deceptive marketing and advertising.

Right now, 52 senators have cosponsored the legislation. If the bill's supporters get to 60, the legislation will pass the Senate, and it will be signed into law. This cannot be allowed to happen. The Senate must stand up to the NRA and ensure that negligent gun designers, manufacturers, and dealers can be held accountable for their actions."

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