California: "California Court Enters Settlement Agreed to By Gun Dealers"

[cuchulainn]

from U.S. Newswire

http://releases.usnewswire.com/GetRelease.asp?id=146-10272003

California Court Enters Groundbreaking Settlement Agreed to By Gun Dealers and Distributors

10/27/03 3:11:00 PM

To: National Desk

Contact: Rob Wilcox of the Brady Center to Prevent Gun Violence, 202-898-0792

WASHINGTON, Oct. 27 /U.S. Newswire/ -- In a significant development in the fight by cities, counties and crime victims to reform the gun industry, five gun sellers have agreed to be bound by a court-enforced code of conduct in order to settle lawsuits against them brought by twelve California municipalities. The gun industry defendants - two major California gun dealers and three national gun distributors who sold guns into California - will be required to take steps that go above and beyond current federal and state law to prevent firearms from being sold into the underground market in California.

The final settlement was approved by California Superior Court Judge Vincent P. DiFiglia late on Friday, October 24, and will be entered by the court today.

"This settlement shows what can be done when everyone has access to the courtroom," said Dennis Henigan, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence. "There is now no question that the lawsuits brought by California communities have paid dividends for the safety and security of their citizens. These companies should be commended for doing the right thing."

The cases charged that the defendants - gun dealers, distributors and manufacturers - contribute to a public nuisance and violate California law by selling guns without ensuring safe practices to prevent sales by retailers to straw purchasers and gun traffickers.

The dealers who settled agreed there were additional steps that could be taken above the law to make California communities safer. The National Rifle Association (NRA), one of the main critics of gun violence prevention, has passed a bill in the House and has 55 cosponsors in the Senate for a bill, S.659, that would protect gun dealers from lawsuits like this one.

"The NRA wields an unparalleled control over our political process that is unhealthy for a democracy and out of touch with the common sense of the American people," said Michael Barnes, President of the Brady Campaign to Prevent Gun Violence. "Protecting gun dealers who admit they can do better does not make us safer, but gives a free pass to those who recklessly conduct their business."

© 2003 U.S. Newswire 202-347-2770/

 

[Old Fuff]

"The gun industry defendants - two major California gun dealers and three national gun distributors who sold guns into California - will be required to take steps that go above and beyond current federal and state law --"

Unfortunately the Brady's can do this anywhere, knowing that the defendants will eventually settle out-of-court because they can't afford the cost of litigation. The only thing that is going to stop them is a massive legal-defense fund on our side combined with some countersuits against the plaintiffs.

 

[LawDog]

Okay, what are these 'additional steps'?

LawDog

 

[Old Fuff]

I extracted the following from an earlier news article from A.P.:

(Quote) The lawsuit, filed in April, accused gun dealers, distributors and manufacturers of violating state law by failing to enforce sales practices that would make it harder for so-called straw purchasers, or front men who buy arms for gun traffickers. The court dismissed manufacturers from the lawsuit.

The defendants included in Thursday's agreement are: Trader Sports and Andrews Sporting Goods, based in California; Southern Ohio Gun Distributors and MKS Supply, based in Ohio; and Georgia-based distributor Ellett Brothers.

Under the deal, Trader Sports will no longer sell firearms at gun shows. It also will train employees on how to track inventory, adopt new measures to verify a buyer's identity and recognize and block sales to ``straw purchasers'' - people who buy guns on behalf of others ineligible to purchase them.

Southern Ohio agreed that in California and neighboring states it would sell only to storefront gun dealers, take extra steps to verify dealer licenses and restrict assault weapons sales. It also will pay $50,000 to compensate the plaintiffs' legal expenses. (Unquote)

 

[twoblink]

Lawdog..

The additional steps are giving up your first born..

 

[Brian Dale]

It looks like the Bradies have begun pre-emptive strikes to get contracts (and case law) in place with dealers before the federal law can be passed to prevent lawsuits against manufacturers. They want to make sure that their revenue stream and their agenda both remain uninterrupted.

 

[standingbear]

 

[Graystar]

With cases like this being tossed out of court all over the country, this just sickens me.

Don't these guys know they can countersue??

 

[Andrew Rothman]

Southern Ohio agreed that in California and neighboring states it would sell only to storefront gun dealers,

That's right! Got an FFL? So what? You're a criminal!

Trader Sports will no longer sell firearms at gun shows

Got a storefront AND an FFL? Do the background checks at the store and you're fine. Do the exact same thing at a gun show and you're a criminal.

Whiskey Tango Foxtrot!

That state never ceases to amaze me.

 

[Pendragon]

I lived in CA for a total of about 25 years.

Nothing out of there amazes me.

I sense that the point of this exercise is not to actually do anything, but to set a precident and flex their muscles.

 

[MessedUpMike]

Who Punked Out this time

Sounds like another Rugerism in the making? Anyone got a more reliable lead on this story?
To: National Desk

Contact: Rob Wilcox of the Brady Center to Prevent Gun Violence, 202-898-0792

WASHINGTON, Oct. 27 /U.S. Newswire/ -- In a significant development in the fight by cities, counties and crime victims to reform the gun industry, five gun sellers have agreed to be bound by a court-enforced code of conduct in order to settle lawsuits against them brought by twelve California municipalities. The gun industry defendants - two major California gun dealers and three national gun distributors who sold guns into California - will be required to take steps that go above and beyond current federal and state law to prevent firearms from being sold into the underground market in California.

The final settlement was approved by California Superior Court Judge Vincent P. DiFiglia late on Friday, October 24, and will be entered by the court today.

"This settlement shows what can be done when everyone has access to the courtroom," said Dennis Henigan, Director of the Legal Action Project at the Brady Center to Prevent Gun Violence. "There is now no question that the lawsuits brought by California communities have paid dividends for the safety and security of their citizens. These companies should be commended for doing the right thing."

The cases charged that the defendants - gun dealers, distributors and manufacturers - contribute to a public nuisance and violate California law by selling guns without ensuring safe practices to prevent sales by retailers to straw purchasers and gun traffickers.

The dealers who settled agreed there were additional steps that could be taken above the law to make California communities safer. The National Rifle Association (NRA), one of the main critics of gun violence prevention, has passed a bill in the House and has 55 cosponsors in the Senate for a bill, S.659, that would protect gun dealers from lawsuits like this one.

"The NRA wields an unparalleled control over our political process that is unhealthy for a democracy and out of touch with the common sense of the American people," said Michael Barnes, President of the Brady Campaign to Prevent Gun Violence. "Protecting gun dealers who admit they can do better does not make us safer, but gives a free pass to those who recklessly conduct their business."


http://www.usnewswire.com/

The NRA is against laws that prevent gun violence?

 

[spacemanspiff]

well if all it took to reduce gun violence is to write more laws, then by golly lets write more laws!!!

laws have nothing to do with regulating criminal behavior.

 

[Nightcrawler]

The National Rifle Association (NRA), one of the main critics of gun violence prevention

NOOO, this isn't a biased article at ALL....

 

[gun-fucious]

The National Rifle Association (NRA), one of the main critics of gun violence prevention, has passed a bill in the House and has 55 cosponsors in the Senate for a bill, S.659, that would protect gun dealers from lawsuits like this one.

i love the sound of quaking Bradyites in the morning
it sounds like victory

 

[Matt G]

Moving this to Legal And Political forum.

--M.

 

[cuchulainn]

Under discussion here: http://www.thehighroad.org/showthread.php?s=&threadid=46956&highlight=brady

 

[LawDog]

Multiple threads merged.

LawDog