Drizzt
Member
Proposal would rein in gun owner liability
By Kevin Corcoran
[email protected]
February 17, 2004
Gun owners could not be sued for injuries or deaths caused by stolen weapons under a bill headed for a vote next week by the Indiana Senate.
After facing stiff opposition, Sen. Robert Meeks proposed an amendment today that deleted controversial wording from the House-passed version of House Bill 1349.
As the legislation left the House by a 77-4 vote Feb. 4, it would have given Indiana the most sweeping gun immunity law in the country, according to the Washington-based Brady Center to Prevent Gun Violence.
National gun safety groups and local victims' advocates were outraged, saying Hoosiers who fail to take reasonable steps to safeguard their weapons should be held responsible for injuries and deaths they cause.
The bill wouldn't have affected criminal prosecutions, but it would have effectively eliminated most lawsuits involving guns. Before today's amendment, the bill would have undone an April 2003 decision by the Indiana Supreme Court in which the high court ruled gun owners could be held liable for failing to safely store their weapons.
"We tried to address some of the concerns," said Meeks, R-LaGrange and the bill's primary sponsor. "The amendment addresses these concerns."
With little discussion, the Senate Criminal, Civil and Public Policy Committee voted 8-2 to recommend passage.
Democratic Sens. Earline Rogers of Gary and Sam Smith of East Chicago cast no votes.
In Lake County, where they're from, the city of Gary is suing several gun manufacturers and wholesalers. The city claims they sold handguns they knew would end up in the hands of criminals.
After the city filed its lawsuit in 1999, the General Assembly passed a bill the next year to ban lawsuits by other municipalities.
Last week, Gary Mayor Scott King testified against the bill, which could have kept the city's gun lawsuit from going forward.
Meeks removed that provision during today's committee hearing. The bill would exempt gun owners from lawsuits if their weapons or ammunition were stolen, including in burglaries or robberies.
"If you recklessly keep your gun around, you are liable," Meeks said.
More than 300,000 Hoosiers have permits to carry weapons, and many more own guns.
HB 1349 also would limit the ability of Indiana's prison inmates to file frivolous lawsuits.
"We have some people in the penal institutions who have become very good attorneys . . . always suing the guards, always suing the state," said Sen. Richard Bray, R-Martinsivlle, and a member of the committee. "They have become a real burden on the courts."
http://www.indystar.com/articles/8/121513-4448-073.html
By Kevin Corcoran
[email protected]
February 17, 2004
Gun owners could not be sued for injuries or deaths caused by stolen weapons under a bill headed for a vote next week by the Indiana Senate.
After facing stiff opposition, Sen. Robert Meeks proposed an amendment today that deleted controversial wording from the House-passed version of House Bill 1349.
As the legislation left the House by a 77-4 vote Feb. 4, it would have given Indiana the most sweeping gun immunity law in the country, according to the Washington-based Brady Center to Prevent Gun Violence.
National gun safety groups and local victims' advocates were outraged, saying Hoosiers who fail to take reasonable steps to safeguard their weapons should be held responsible for injuries and deaths they cause.
The bill wouldn't have affected criminal prosecutions, but it would have effectively eliminated most lawsuits involving guns. Before today's amendment, the bill would have undone an April 2003 decision by the Indiana Supreme Court in which the high court ruled gun owners could be held liable for failing to safely store their weapons.
"We tried to address some of the concerns," said Meeks, R-LaGrange and the bill's primary sponsor. "The amendment addresses these concerns."
With little discussion, the Senate Criminal, Civil and Public Policy Committee voted 8-2 to recommend passage.
Democratic Sens. Earline Rogers of Gary and Sam Smith of East Chicago cast no votes.
In Lake County, where they're from, the city of Gary is suing several gun manufacturers and wholesalers. The city claims they sold handguns they knew would end up in the hands of criminals.
After the city filed its lawsuit in 1999, the General Assembly passed a bill the next year to ban lawsuits by other municipalities.
Last week, Gary Mayor Scott King testified against the bill, which could have kept the city's gun lawsuit from going forward.
Meeks removed that provision during today's committee hearing. The bill would exempt gun owners from lawsuits if their weapons or ammunition were stolen, including in burglaries or robberies.
"If you recklessly keep your gun around, you are liable," Meeks said.
More than 300,000 Hoosiers have permits to carry weapons, and many more own guns.
HB 1349 also would limit the ability of Indiana's prison inmates to file frivolous lawsuits.
"We have some people in the penal institutions who have become very good attorneys . . . always suing the guards, always suing the state," said Sen. Richard Bray, R-Martinsivlle, and a member of the committee. "They have become a real burden on the courts."
http://www.indystar.com/articles/8/121513-4448-073.html